Party Wall [TEXT DELETED BY FORUM TEAM]

Martin666_2

Hi

As advised I wrote [TEXT DELETED BY FORUM TEAM] and "withdrew" my party wall notice.

They have now sent me a bill for £400 and demands stating that if it is not paid in 10 days, they will "serve me with an award" which will make me formally responsible for their fees and the bill will go up "substantially"

I wrote to www.surveyors-ombudsman.org.uk as they are member and got this reply:

"The Ombudsman Services: Property is unable to deal with a complaint against your neighbour’s
surveyor. The reason being is that the surveyor you are complaining about has to be contracted
to provide a surveying service to you. In this instance the contract is between the surveyor and your neighbor."

So I'm wondering if I just ignore them?

coder101

[TEXT DELETED BY FORUM TEAM]

Hi

These guys are still sending demands and saying their fees will go up and up unless I cough up NOW. [TEXT DELETED BY FORUM TEAM]even charge a fee to cash your cheque, can you believe that?

If they take me to court do I still need to appoint my own surveyor and a 3rd surveyor? Who sets the "reasonable fees"

This is a nasty business and there seems to be very little advice out there on the subject.

[TEXT DELETED BY FORUM TEAM]

Thanks
Coder101

kmmr

Coder, How much are we talking? Is this the full amount for getting a PWA, or just the fees after you stopped using them?

Just asking as there will probably be some fees that are 'due', or rather that could be vaguely justified, and you would have to pay them anyway. And any legal costs attempting to defend.

The other option is to grit your teeth and pay them. Painful, but that is basically their business model from what I can tell....

iamcornholio

Ignore [TEXT DELETED BY FORUM TEAM] threats, they have no claim if they were not properly engaged, or if the PW notice was not continued.

Write them a letter back, sent recorded saying that they were not properly engaged under the PWA and you owe them nothing, and any further monetary demands from them will be deemed harassment.

You may want to also complain to their local Trading Standards

coder101

Guys,

Thanks again for your responses. I don't want to bore everyone to death here, but it's a matter of principle and if our continued discussion also helps someone else, that would be better still.

How can I tell if they were not properly engaged? As far as I can tell, they found me on my local council's planning website, they then sent a letter to my neighbour telling them they could use their services and I pick up the bill, then the neighbour signed their paperwork without discussing it with me. The first I heard of them was when the demands started arriving in the post, effectively, I had no part in choosing them.

Once I get enough info together I’ll be posting a detailed account of this to as many websites as I can [TEXT DELETED BY FORUM TEAM]

Thanks

iamcornholio

If you did not pursue the work under the notice, then there was nothing for the surveyor to do, and therefore no right to charge anything

Section 10 (13) of the Act deals with costs

(13)The reasonable costs incurred in—.
(a)making or obtaining an award under this section;.
(b)reasonable inspections of work to which the award relates; and.
(c)any other matter arising out of the dispute,.
shall be paid by such of the parties as the surveyor or surveyors making the award determine.

So unless the PW work has progressed, and the surveyors have actually done something, then there is no right to charge anything

The Act does not actually state that the building owner must pay the surveyors fees. Although in the normal course of things the appointed surveyors may normally apportion fees to the building owner in their 'award', it is not automatic that the building owner is liable for all fees.

Basically, [TEXT DELETED BY FORUM TEAM] have no legitimate right to invoice fees just by merely being appointed by the neighbour

coder101

Here’s the latest instalment for your entertainment……

Vincent Brown have contacted my neighbour telling them they “must” notify them if I start the extension, presumably so they can slap an injunction on me or something similarly unpleasant.

Having had the [TEXT DELETED BY FORUM TEAM] put on her, my neighbour is insisting she has a surveyor and phoned one up who said he can’t act for her until Vincent Brown have been paid off and have confirmed this.

The more I dig into this [TEXT DELETED BY FORUM TEAM] world of surveying the more I dislike it.

Does anyone know what the worst is that will happen to me if I just ignore Vincent Brown and ignore my neighbour and just get on with it?

Thanks
Coder101

coder101

Hi Guys,

Sick to death of this yet? I am, but I wrote to SB & D magazine a while ago and they've taken up the story and are not impressed with Vincent Brown's [TEXT DELETED BY FORUM TEAM]. I've scanned the article but cannot add links as I'm a new user but would be pleased to send it if anyone is interested.

I have also been in touch with a local Councillor who I know through a friend who is also taking up the issue with his planning department.

I've now spent a ton of time on this and it would have probably been cheaper for me to just use Vincent Brown, but after [TEXT DELETED BY FORUM TEAM] and the rift [TEXT DELETED BY FORUM TEAM] caused between me an my neighbor, I believe they should be [TEXT DELETED BY FORUM TEAM]. I will be copying this article to RICS, Watchdog and Trading Standards.

Coder101

aboard_epsilon

whats all this

TEXT DELETED BY FORUM TEAM

looks like the forum team are being threatend as as well !!!!!

all the best.markj

arrgee

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