Council are threatening me with County Court Action

[geezer466]

The allege a debt of around £3500 for work which done to a drain beyond the boundary of my property.

 

The issues surround this are complicated but my position is they caused some of this damage in a jetting exercise around 2 years previously. As a result of this damage the road surface began to collapse and it is this which they are charging me for. The drain in question had been out of use for the couple of years previously. I do not dispute ownership of the drain.

 

My question is how would the council go about claiming evidence of this debt if they raised a summons? All they have is the invoice they have issued me.

 

At no time did they issue a statutory notice and had they done so we would have made full use of the right of appeal citing the possibility of them damaging the drain themselves.

 

So they are demanding we settle an invoice for work which we did not ask to be done nor agree too without issuing any sort of notice nor giving us a right to appeal or query both the work or the costs involved in it via an independent contractor.

 

My view of contract law is that an agreement has to be in place verbal, implied or written before a debt is enforceable?

 

Clearly if they do take it to court I will have to defend it. Would I be best placed to get a solicitor or would I be able to deal with this myself? I have experience of 'courts' having represented a a number of persons in employment tribunal so it would not faze me. I understand the Small Claims is very informal anyway?

[unclebulgaria67]

Get in touch with your Home Insurers. If the drain is your responsibility, they may pick this claim up under your liability cover.

 

If you want your Insurers to deal with this, then don't do anything until you have spoken with them. If they accept the claim, then they may appoint someone legally qualified to assist.

[geezer466]

Insurance claim was made two years previously when the damage was done. In a nutshell council attended (for a fee) to blow through a blocked drain. They managed to get their hose stuck in the drain (they maintained through a breach in the pipe) they then spend the next couple of hours trying to free it blasting water down there all the time. They were unable too and the hose had to be left into the drain.

 

The claim was for a saniflow and to reroute some plumbing and was in course in full and final settlement.

 

Fast forward two years and the road surface started to crumble. The council stuck some cones around it did a couple of surveys and then about 3 weeks or so weeks later a digger arrived and dug up the road repaired it and it appears the broken drain, (they also recovered their hose). About 6 weeks later the bill arrived which was the first contact I had from them.

 

I have of course queried the bill asking where the statutory notice was and what happened to my right of appeal. In essence they have sent me a bill for work which I have not agreed too and which has not been subject to Statutory notice denying an avenue of appeal. To rub salt into the wound they have lumped their 10% levy on for administration costs?

 

Are there any qualified legal brains here who can give an 'off the record' opinion? Without agreement a contract or statutory notice how can the Council prove this debt? If they do summons me I will be contesting this.