Small Claims Court - Do I Have A Case?

PhilAI

I recently had some work done on my garden by a local landscaper. I was quoted for a 6ft feather-edge fence to replace any existing boundary. Because the neighbours are council owned, their landlord got involved and requested that the fence could not be higher than 6ft, but it would be good if some trellis could be put on top of the fence to provide additional privacy. I said I was simply paying for the new fence as a 6ft boundary would be sufficient.

The work was completed, but the fence had been chopped to 6ft from my side of the boundary (which is 6 inches lower than the neighbour's garden). Therefore, the fence was not 6ft but 5ft6 high. The council man said it was too low and the maintenance side (the horizontal struts) was facing the neighbours garden and that this was the wrong way round. After further conversations it should that there was no legal obligation to get either of these points resolved.

On inspection of the neighbours side of the property myself, it was clear that the workmanship of the bottom left corner bracket was not satisfactory. I informed the landscaper that I would pay him because he had agreed to rectify this issue and it had been two weeks since he had completed the work.

While trying to arrange a time with the neighbour when the landscaper could fix the bracket, I got a phone call within the hour from my neighbour saying two man had been banging on her door before and then saw them leap over her garden and start banging at this bracket with a hammer. They trespassed into the garden, and apparently mine too, as they had jumped over the fence from my side!

Now this angered the neighbours and the council, so they refused to let us onto their property to continue repair of the fence as the bracket was not still not satisfactory and on further investigation it was clear that the workmanship down the entire left hand side was not good either (before, only the bent bracket caught my eye).

Would I be able to claim the costs of hiring a fencer due to the circumstances above in a small claims court as the landscaper is not answering my calls and I think a claim would push him to settle?

I'm unsure if I can use the fact the quote does not match because I did not get a 6ft fence, and I paid him. And I'm unsure if I can declare the rest of the fence as unsatisfactory when I failed to notice it before his men jumped over the fence. And finally, I'm unsure if I can use the fact that his men have impacted the sale of my property (as I am currently have my property on the market) because now there is a dispute about the maintenance of my boundary.

BFG_2

if the job wasn't done properly you can indeed claim the costs of putting it right, but..........

1. You have to give the supplier the chance to correct it [Not 100% sure that this is a requirement, but it won't do you anyt favours if you merely rush to court...]
2. Most importantly, you should only sue if the person/sompany you are suing can be found and actually have the funds to pay you back....the phrase is 'never sue a man of straw'

HTH

PhilAI

I have originally discussed the option of paying for parts and he would do the labour for free, but then his employees caused the dispute with the neighbours so I don't see why I should be paying anything. Before that action, the whole thing was going to be left alone and agreed that when the fence needs maintenance a new fence would be erected then.

I have a mobile number and also sent a letter saying that he has 14 days to respond to my request otherwise I'll be taking him to county court. He has signed for the recorded delivery of this letter.

I know he has the funds, and I have tried coming to an arrangement but he has simply ignored my contact since I blamed him for the dispute and requested that he does the job for free or pays for someone else to rectify the issue.