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About Lujay

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  1. Hello all, We live in a semi-detached it has transpired that a previous neighbour has stolen land whilst replacing her fence around four years ago. She had a large double buggy and used to use the side gate to get inside her house because of the narrow space around the front door, so we can understand why she pulled a fast one but it’s obviously not on! We didn’t realise the space was gone as we had no rear extension when fence was replaced. Now the extension is there we realise that she has taken several inches because a gardener who came to white for work said the area from side gate to garden is too narrow to fit any machinery through. We measured and she has a good few inches more than we have. My question is: we have new neighbours there now. They should not be liable for this. Once we have checked land registry, what can we do? Moving the fence panels may require also moving paving slabs, so could be an expensive job. New neighbours are not keen to help as the paving runs straight from front path to back garden and looks very smart! Would all need shifting if we take our land back. Any advice very much appreciated and happy to post photos if that helps! Lujay
  2. I seem to have started a debate! To answer your question, Bazza...the land registry search we did was for the specific flat he lives in. It said the county council owned the flat but when we called them they revealed the block is owned by circle housing. Google shows that the flat was up for rent in sept 2014 but then sold in early October that year. This is why we think the builder (defendant) may have bought the flat...I may try to call the estate agents who sold it and see if they're willing to tell us if it was indeed the builder who bought it but I'm not holding hope of anyone breaking confidentiality. Thanks again for your thoughts and your help. The housing association connection seems to complicate things and means searching for legal owner is much harder!
  3. Yes, bankruptcy would be a last resort for us but if he owns the flat he is living in, then forced sale may be an option. I was wondering about high court bailiffs. I'll give them a call and take it from there. Will keep you all posted! Thanks again!
  4. Thank you so much Uncle B. Thought that might be the case. Fingers crossed...
  5. Hi again all, Quick question while we endeavour to enforce our judgement... We have found the builder has moved to a different address to that which he gave the court at the beginning of the case. This is a flat in a block owned by housing association (the freeholders) and we think, looking at dates, that the builder may have bought the flat he lives in. Land registry just brings up the local authority when you search for the owner of the flat and the housing association are not willing to divulge information about their leaseholders and cannot tell me who the legal owner of the property is. Are they right to do this? So: any advice on how I find out whether the builder does indeed own this property? Would we be able to submit a freedom of information request to find out who the legal owner is? What is the best way of finding out? Many thanks in anticipation...
  6. Of course, SP! I'm always willing to help- based on experience rather than any legal training of course! More than happy to do so openly
  7. Hi all, Just to let you know the outcome of our trial. We have successfully secured a CCJ against the builder for full a,punt claimed plus costs. It's just a case of enforcing it now: I know that is a whole new chapter. Thanks again for all the help- I will keep people posted on enforcement. If I can be of help to anyone else in this situation, please feel free to PM me. I started a money claim online and went to trial as a litigant in person. It's a long process but worth it and I am now considering writing to local press where the builder lives so that he feels the CCJ where it hurts! Lujay
  8. Hi all, Just bumping to ask if anyone can tell me how I communicate costs that have been incurred since my updated schedule of loss- which was filed months ago? This includes telephone conferencing, cost of trial and expert witness report invoice, which I received yesterday! Do I include a separate sheet with these costs? Or should I update the schedule of loss again? Trial is set for two weeks time! Many thanks.
  9. Yes I know- CMC happened several months ago though and judge implied that we should plough on- even though builder didn't show and hadn't complied with any directions even back then! Very unlucky but hopefully having gone thorough the whole process I can advise others on this forum one day
  10. Hi again all Just an update: I sent my application for summary judgment but the judge ordered that since trial was due to take place in six weeks, it should go ahead and that I should attend the trial to prove my case, even though it is extremely unlikely the builder will turn up at court to defend his case. So I'm preparing my bundle now. Advice to others in this situation: get applications for summary judgement in early if the builder appears to be ignoring all directions and it looks like they won't attempt to defend the claim! A quick question: given that I served my schedule of loss months ago and have since incurred costs in relation to the case (telephone conferencing with the court, cost of trial) how does this additional cost get dealt with? Do I update the schedule of loss for the trial bundle even though it has already been served? Any advice welcome. Thank you again!
  11. Hello again all, I am after some help. I have completed form N244. I assume I should attach a draft of the order I am applying for- as per question 4. Does this mean I must complete a N150 form? Are there any templates or advice on how to structure this given I am asking for a summary judgement? I'm a bit lost and most of the examples I can find online are written for defendants not claimants! Thanks so much in advance...
  12. Thanks again, Ganymede. I'll look forward to the end of this case and will let everyone know the outcome.
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