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  • FIRST POST
    • gazfocus
    • By gazfocus 31st Aug 18, 11:10 PM
    • 1,924Posts
    • 504Thanks
    gazfocus
    Being pressured to contribute towards fence
    • #1
    • 31st Aug 18, 11:10 PM
    Being pressured to contribute towards fence 31st Aug 18 at 11:10 PM
    Ok, so some time ago, the owner of the house behind ours knocked on our door and told us that the following day, the fence in between our gardens was being replaced so to keep our dogs inside and asked if we would be wanting to contribute. I said I would be willing to when I can afford it, and he went on his way.

    About a week later he came round and told me that my contribution would be £368 (for my share of 6 panels, concrete base boards and concrete posts inc labour). He has asked a few times since for the money and Iíve been honest about my financial situation in that I cannot currently afford it.

    My question is, where do I stand legally? He did not consult me before ordering the fence to see if I could afford to contribute, and has not discussed with me the type of fence or anything. It seems he wanted new fence and then expects me to just have the money.

    I appreciate itís between both our gardens and Iíve never said I donít want to contribute, but he is obviously disappointed that I canít afford it and has now taken to messaging my works Facebook page asking about what we do when people donít pay money they owe.

    Technically, I donít feel I Ďoweí them anything as any contribution would be wholly voluntary, but if they are going to cause problems for me at work, Iím going to be less inclined to give them anything and itís going to cause issues down the line I feel.
Page 4
    • Boohoo
    • By Boohoo 10th Sep 18, 12:37 PM
    • 574 Posts
    • 67 Thanks
    Boohoo
    I read it as he has asked both adjoining neighbours to contribute towards the cost of two new fences either side of his plot.
    Originally posted by -taff
    OK.
    I wonder if the other neighbour knows what they have paid for and has the OP been round to see them to make sure they have not paid the whole cost of the neighbours new fence.
    What i mean is if the fence cost £1000 both sides has he gone after 1 neighbour for £500 and th OP for £500.
    • Kim kim
    • By Kim kim 10th Sep 18, 8:54 PM
    • 2,311 Posts
    • 3,426 Thanks
    Kim kim
    I read it as he has asked both adjoining neighbours to contribute towards the cost of two new fences either side of his plot.
    Originally posted by -taff
    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
    • By gazfocus 11th Sep 18, 11:47 AM
    • 1,924 Posts
    • 504 Thanks
    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
    • By -taff 11th Sep 18, 12:02 PM
    • 7,782 Posts
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    -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
    • By gazfocus 14th Sep 18, 9:24 PM
    • 1,924 Posts
    • 504 Thanks
    gazfocus
    Ok, so an update, Iíve 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 Iíve never seen)
    - receipts for fence panels and materials (which I have seen)
    - receipts of labour costs (which Iíve never seen)

    However, none of these are included with the claim.

    So heís not specified that he ever discussed the fence with me despite asking me to contribute, but whatís 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
    • By Boohoo 14th Sep 18, 9:43 PM
    • 574 Posts
    • 67 Thanks
    Boohoo
    Ok, so an update, Iíve 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 Iíve never seen)
    - receipts for fence panels and materials (which I have seen)
    - receipts of labour costs (which Iíve never seen)

    However, none of these are included with the claim.

    So heís not specified that he ever discussed the fence with me despite asking me to contribute, but whatís 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.
    Originally posted by gazfocus

    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
    • By tom9980 14th Sep 18, 10:56 PM
    • 1,312 Posts
    • 3,889 Thanks
    tom9980
    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.
    Originally posted by gazfocus
    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.
    ďIn order to change, we must be sick and tired of being sick and tired.Ē
    • -taff
    • By -taff 15th Sep 18, 12:51 AM
    • 7,782 Posts
    • 6,196 Thanks
    -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.
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