Being pressured to contribute towards fence 31 August 2018 at 10:10PM in In My Home (includes DIY) MoneySaving 85 replies 11.2K views

Kim_kim

-taff wrote: »

I read it as he has asked both adjoining neighbours to contribute towards the cost of two new fences either side of his plot.

I thought it was a fence at the bottom of the garden, usually there is only one neighbour.
But if it is a bottom fence that straddles two houses, maybe a bit of each house, then he’s really clever (or sneaky) presenting them each with 50% of the bill.

gazfocus

Sorry, I should clarify. Due to the angle of the house behind ours, his garden is at the back of our house and also the back of part of our next door neighbours house.

-taff

So do you think he's asking both of you to stump up the entire cost of the fence?
Might be worth talking to the neighbour about this.

gazfocus

Ok, so an update, I’ve now received a court claim through the post for the contribution towards the fence plus the £35 court fee.

He has stated the following:

I was asked to make a contribution
Work was carried out
Asked for payment
Requested payment over a period of 12 months.

As evidence, he has stated he has:

- Letters, emails and other correspondence of initial calculations of coatings (which I’ve never seen)
- receipts for fence panels and materials (which I have seen)
- receipts of labour costs (which I’ve never seen)

However, none of these are included with the claim.

So he’s not specified that he ever discussed the fence with me despite asking me to contribute, but what’s the best way of putting a response together?

What I would ideally like is for him to read the response and realise from the details of the response that he will lose if he pursues it to a hearing because he obviously thinks he can bully me into paying.

Boohoo

gazfocus wrote: »

Ok, so an update, I’ve now received a court claim through the post for the contribution towards the fence plus the £35 court fee.

He has stated the following:

I was asked to make a contribution
Work was carried out
Asked for payment
Requested payment over a period of 12 months.

As evidence, he has stated he has:

- Letters, emails and other correspondence of initial calculations of coatings (which I’ve never seen)
- receipts for fence panels and materials (which I have seen)
- receipts of labour costs (which I’ve never seen)

However, none of these are included with the claim.

So he’s not specified that he ever discussed the fence with me despite asking me to contribute, but what’s the best way of putting a response together?

What I would ideally like is for him to read the response and realise from the details of the response that he will lose if he pursues it to a hearing because he obviously thinks he can bully me into paying.

This seems to me to be going down the CCJ route far too quickly and your neighbour maybe a very nasty person.
Instead of getting answers on MSE go to http://legalbeagles.info/forums/ and start a thread on there as they are very good at CCJ advice and will help you out with all the paperwork.
Good luck.

tom9980

gazfocus wrote: »

Ok, so an update, I’ve now received a court claim through the post for the contribution towards the fence plus the £35 court fee.

He has stated the following:

I was asked to make a contribution
Work was carried out
Asked for payment
Requested payment over a period of 12 months.

As evidence, he has stated he has:

- Letters, emails and other correspondence of initial calculations of coatings (which I’ve never seen)
- receipts for fence panels and materials (which I have seen)
- receipts of labour costs (which I’ve never seen)

However, none of these are included with the claim.

So he’s not specified that he ever discussed the fence with me despite asking me to contribute, but what’s the best way of putting a response together?

What I would ideally like is for him to read the response and realise from the details of the response that he will lose if he pursues it to a hearing because he obviously thinks he can bully me into paying.

I assume this is MCOL money claim online? In which case you won't see the extent of his evidence until 14 days before court, he has to send you his evidence pack before then. For now you just get a short summary of the claim that is word limited, there is no room for evidence to be added.

The £35 fee is the claim fee a court fee is added later i think I had to pay around another £80 for the court fee for a claim earlier this year.

You will be invited to undertake free mediation by phone, I suggest you take it. The judge likes to see that you tried to at least resolve the issue before wasting court time.

I don't like that you offered to contribute but have now revoked that offer completely. Your neighbor is clearly an idiot and out of line but it is not 100% certain the judge will dismiss his claim completely.

-taff

As long as you said you'd make a contribution dependent on your finances at that time and dependent on whehter there was a discussion regarding the total cost of the fence re materials etc, I still can't see he has a leg to stand on.

Boohoo

The OP has followed my advice from post No.66 and started a thread on leaglebeagle.


http://legalbeagles.info/forums/forum/legal-forums/housing-property-and-neighbours/1423951-being-pursued-for-cost-of-replacement-fence


They seem to have been given very good advice so far on that website.

scrappy_doo1

After you first spoke to him ,he should have came back to you with a figure of how much it will cost before going ahead .

SavvySaver24

Surely it comes down to whose boundary it is? If my neighbour to the right (the fence is his) wanted to replace it, I certainly wouldn't pay any cost towards that.

Equally, the fence to the left of me (mine) would be replaced at my cost nut only when or if I wanted it to be.