Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Different statements. One has “at 59 mph overtaking on the approach” and the other “it was overtaking on the approach and in ....... at 49 mph”. So not the same statement (same ethos, different sentence structure).   perhaps they chose that site for the officer because it is an accident hotspot, and they know people do dodgy overtakes (while speeding) there .....??  
    • Hi.   I've moved your thread to the Bailiffs forum. People should be along to advise later.   HB
    • So a little update;   Of the 6 letters I sent 3 were acknowledged. One accepting £1/month for now and two from the same creditor trading under different names asking for full I&E which I haven't done.   In a moment of madness I managed to depsoit 5k to a gambling site I didn't have due to paypal's crazy policy of allowing payments which are to be collected by direct debit after a couple of days to gambling sites! Mad they allow this but this will show as a negative paypal balance (in a different account to the original "debt"). The first paypal -£5k account has been closed and passed to a DCA now. I have ignored them.   My council has appeared to have stepped up their collection efforts for £2.5k in alleged housing benefit overpayment from 2015/16. I have acknowledged their letters over the past 3 years each time by email but they rarely respond to my pleas. I truly think if there was overpayment then it was for less than half the amount they claim. At the time I didn't think I was being overpaid because I wasn't really working but I had stopped claiming JSA/ESA (and told them as much) but earned a couple of hundred pounds a month from sporadic work.   Also what I thought was a dormant debt from 2016 to Halifax has been actually sold ( to caboot? I think. Hard to keep track of everyone)   I've been getting phone calls daily but ignoring them for the most part. I did request all communication in writing in my original letters.   I feel incapable of dealing with these creditors and whilst initially I was feeling that I would be happy to just ignore all the letters (arreas, defaults and the like) and phone calls for an indefinite amount of time and  hope to make it 6 years to statute barred-ness and accept or defend any CCJ attempts that did arrive. I figured that avoiding these creditors for 3 months so far is 5% of the way there to statute barred! But I figre for these fairly sizeable amounts they probably won't all let it go and I will get some CCJ docs (never had to deal with that) However now my mood and thinking has changed.    I am looking again at insolvency. I'm over the DRO limit now so its BR or nothing. I was wondering why you said to not consider this and it would be stupid @dx100uk? Although shirking my debts/responsibilities it does seem like an "easy" way out at the moment. It would be so nice to know that what's done is done and to be able to draw a line in the sand and start again in a year or so and not have to avoid creditors or worry about what's coming next...   It certainly would help the environment what with the amount of letters that are arriving already(!) considering the first payment I missed was october/november (excluding the old halifax and council debts). I am exordinately stressed about it now even though I thought I would be already . Any advice would be great if it was to get my head out of the sand and contact people/do the ignoring thing and seeing what happens/reasons  to do or not to do bankruptcy for these unsecured debts?   Thanks      
    • Hi everybody   Had a knock on my door and was confronted by either a Bailiff or enforcement agent (not sure about the specific job title). When I opened the door he stuck his foot in so I couldn't close the door. I was video taping him so I took a few steps backward (to get him in shot) and he just fully entered the property despite me saying that I was denying him entry and he refused to leave thereafter.   Turns out that he was there to collect a court issued fine. I think from a Magistrates Court. He worked for this outfit:   www.marstonholdings.co.uk   The reason for the fine was something to do with "driving without car insurance". Now I had a cheap car a few years ago but it broke down and would cost more to fix than it was actually worth. So I sold the car for scrap and cancelled the insurance. Turns out you have to inform the DVLA when you scrap a car and them that it is no longer on the road (I was unaware). So this was the circumstances of the visit.   My question is did he have the lawful right to enter the property? I always thought these people were like vampires i.e. they can only come in if you invite them in.   tia Bear  
    • oppss again then if its the same person.   knows the road well so should know what the speeds are and where they apply..      
  • Our picks

WoodDD

Neighbour Ignores Party Wall Request

style="text-align:center;"> Please note that this topic has not had any new posts for the last 228 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Dear All,

 

My neighbour plans to do a side extension which is only 90cm away from my side wall. I wrote to them in Nov. 2018, however they did not reply to me. Today I noticed they had started to take down some solid fences to prepare for the building work. What should I do now for their ignorance? Should I start to take formal process and take them to court? The are not easily approachable (this is why I write to them instead of speaking to them in person).

 

(the letter is attached)

 

Any advice would be appreciated!

 

Thank you.

 

-----------

 

Dear xxx

 

We hope you are well.

 

The County Council has informed us that you have planning permission granted to extend your property. I have been advised to check if The Party Wall Act is applicable to your building work. I have no objection of your building work whatsoever, of course. However, I believe that we may need to have a party wall agreement in place according to The Party Wall Act 1996 Section 6 (3 / 6m). Please bear with me if this is already under your consideration.

 

It’d be great if you could let me know the following at your earliest convenience:

 

 

  • When would you like to start your building work
  • The depth of the foundation of your extension
  • When you could provide a party wall notice

 

We are happy to discuss appointing an independent party wall surveyor to make sure everything is fine. Surveyor Mr xxx has been recommended to us:

 

....

....

 

For your information, I have enclosed a copy of the relevant section of the Act.

 

I look forward to hearing from you soon.

 

With best wishes

Share this post


Link to post
Share on other sites

From experience this will proceed as follow:

1. He will build his extension and ignore anything you say or do.

Nobody will be able to stop them, nobody. Unless they do something dangerous.

2. They finish and all is fine (No action needed)

Or

2.1 They finish and your wall is damaged.

2.2 They fix it or even rebuild at their cost

Share this post


Link to post
Share on other sites

it is unlikely to affect any of your existing structures as the foundations depth isnt going to be greater than yours. now if this is in London other rules come into play and some of these date back to the aftermath of the great fire of 1666 so beware that it you interfere with their work you may be paying them.

are the fences yours? If they require access to their land via your property then you need an agreement similar to a party wall agreement but it isnt the same. If you cant talk to the neighbours then you will have to get on to the planningf dept and see if they think there is a breach and

Share this post


Link to post
Share on other sites

I have done a back extension a couple of years before and am pretty sure that his foundation will be deeper than mine. He did come around to have a brief chat with me after I have sent him a chased-up letter. Obviously he is reluctant to pay anything extra. I suggested him to call the recommended surveyor for advice. I emphasised I have no attention to interfere his building work but would like to avoid any potential future ugly dispute between neighbours when anything goes wrong during his building process. He expressed to take some pictures ourselves. Is this enough? He promised to have a chat on the next day and failed to turn up. This is why I may have to stick a recognised surveyor (From my and other neighbour's experience they are that kind of people who agree things in words but do not deliver in action)

Share this post


Link to post
Share on other sites

Did you make a party wall agreement when you built your extension?

Share this post


Link to post
Share on other sites

For my case formal agreement does not apply. However I did have an informal agreement with my neighbour who lives on the other side (on the right, who is closer to my extension).

 

To share the situation here, we have very good neighbourhood here -- We do neighbourhood BBQ, pub trips etc. However this neighbour (on the left) never engage in those activities. They seems to enjoy their own noisy party more as far as I can tell. His fence was brown down years ago to my side. He has no desire to fix them although I offer my help. He never cut his garden plants btw ;)

Share this post


Link to post
Share on other sites

Why do you believe that they are going to dig deeper than your foundations?

You can view the plans.

 

Also they are 90cm on there property and not building ON the party line.

You must tell your neighbour if you want to:

•build on or at the boundary of your 2 properties

•work on an existing party wall or party structure

•dig below and near to the foundation level of their property

Share this post


Link to post
Share on other sites

My house is period Victorian house which does not foundation at all although it does some brick work under the soil. I find this out when I did my extension.

 

As far as I am advised his building work falls in 'The Party Wall Act 1996 Section 6 (3 / 6m)'.

 

I am not being difficult here but just to make sure no ugly dispute in the situation of something happening during the process.

Share this post


Link to post
Share on other sites

Who advised you.

You can view plans to see foundation depth.

If your property has "no" foundations then the other party cannot dig below them.

 

They prob took advice too and found that the extension does not require a party wall agreement.

Solution...

Make sure your bank account has tens of thousands in it as arguments of this nature will cost you lots in solicitors fees.

Not so much for the defendant if they have legal cover on household insurance.

Share this post


Link to post
Share on other sites

The surveyor recommended to me, who is also mentioned in the original letter.

Share this post


Link to post
Share on other sites

Then go hire a solicitor if you think your right.

A junior solicitor will cost around £100/hour. A more senior one around £200/hour.

 

From what you have said and from.me reading the rules on .gov website on party walls I cant see why you need a party wall agreement, unless your leaving bits of info out.

Edited by sgtbush

Share this post


Link to post
Share on other sites

Really? What about 'The Party Wall Act 1996 Section 6 (3 / 6m)'?

Share this post


Link to post
Share on other sites

Well that would mean that 99% of extensions/builds/permitted builds without planning permission would need a party wall agreement.... And they don't.

I put an extension up around 5 years ago, I needed PP but no party wall agreements with either side.

 

Their will be someone that will be able to explain why, in legislation, I didn't. I went on the advice of the surveyor, architect and local council planning dept.

 

Like I said , if you think your right, hire a solicitor and a surveyor and take legal action.

 

Ps if you look on the .gov website it says below foundation levels or near the party wall. I did enquire on the definition of "near" as I was 750mm on my side to party wall. PP dept said you dont need one

Share this post


Link to post
Share on other sites
From what you have said and from.me reading the rules on .gov website on party walls I cant see why you need a party wall agreement, unless your leaving bits of info out.

 

Some useful information:

It surprises many Building Owners that they must serve a notice on their neighbour even though the hole they plan to dig will be entirely on their own land. The reason of course is that excavating close to any structure carries a risk that the foundations to that structure will be compromised and movement will occur.

 

This type of work is covered by section 6 of the Act and can be divided in to two parts. Below I have given the relevant text from the act together with a sketch which I hope will clarify the description.

 

Section 6(1), where -

 

(a) a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of three metres measured horizontally from any part of a building or structure of an adjoining owner; and

 

(b) any part of the proposed excavation, building or structure will within those three metres extend to a lower level than the level of the bottom of the foundations of the building or structure of the adjoining owner.

 

3-Metre-Notice-copy.jpg

 

 

The above quoted from: http://www.mypropertyguide.co.uk/articles/display/10105/are-my-proposed-works-covered-by-the-party-wall-act.htm

 

As the OP has a Victorian era building which will most likely have very shallow foundations, a party wall agreement should be in place before any new foundations are dug. If the neighbour is refusing to enter into an agreement or appoint a party wall surveyor, then the OP will probably need to go to court and get an injunction to put a stop to the planned works.

 

OP: Do you have legal expenses cover with your household insurance ?

If so, contact them as it will save a lot in litigation costs if structural problems surface in your property at a later date.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

Quote
No... you can't eat my brain just yet. I need it a little while longer.

Share this post


Link to post
Share on other sites

As i mentioned earlier, by the time the op starts proceedings to stop the work, the extension will be up already.

At that point if there's any damage the litigation will start.

Your neighbour is probably thinking: "He's built his own extension without asking me and now he wants me to pay a surveyor for his own benefit. Dream on!"

And he wouldn't be wrong if you ask me.

Share this post


Link to post
Share on other sites

When I have built my extension I sent letters and visited both neighbours for their concerns before I submitting my plan application. However they kept everything quiet. We only found out their plan by visiting the council website after receiving a letter from the council.

 

We did not object their building plan whatsoever.

They did not even reply to our request for a chat regarding the potential impact to my property of their building work.

They have been living in this area for more than 20 years and their reputations in the neighbourhood makes me even more worried. This is why I want something with legal weight in place before anything ugly happening.

 

Mr.P said:
Some useful information:

 

OP: Do you have legal expenses cover with your household insurance ?

If so, contact them as it will save a lot in litigation costs if structural problems surface in your property at a later date.

 

I do have legal cover with my home insurance.

I called the legal helpline as advised and they confirmed I'll be covered if it's the approach I'll be taking.

 

I really do not want to dispute with my neighbours if there is a way around it.

At the end of the day if all fails I have no choice but to defend my property with legal action as the last resort.

 

Thank you!

Share this post


Link to post
Share on other sites

By charging him for a survey you're already starting a dispute.

When you built your extension he didn't bat an eyelid and now he sees your request like an excuse to get something free and cause trouble.

As said, the system is slow and authorities won't stop the work unless dangerous, so as long as he knows, you'll be taking actions in the event of any damage.

A pre survey is a waste of money if you ask me, unless there are evident cracks and structural damage (which would go down against you).

If you see how they do a party wall survey you'd be laughing, sometimes their visit lasts 2 minutes.

Anyhow, as you're covered by your insurance, go along with what the solicitor says, it's free!

Share this post


Link to post
Share on other sites

Id double check your legal cover on household insurance.

Its not for you issuing proceedings against someone. Its used when someone issues proceedings against you.

 

If it was the first way you wouldn't have no win no fee solicitors as we would all be going thru our household insurance.

Share this post


Link to post
Share on other sites

my home insurnace covers me when starting a legal action as long as I tell them before it kicks off. This doesnt mean that they will support any old crackpot litigation on my part but would cover me for a lot of things such as suing someone who ran me over whwere there is not only a good cause for action but a reasonable chance of success and the point is they decide on what they will take on. So do ask your insurer's legal people about this and if they agree with you let them do all of the running as they will have to stump up to pay for any damages should they decide that nothing needs doing and they were wrong.

 

What sort of soil and subsoil do you have where you live? in most places footings of about 12" are adequate for a single storey extension so the angle of friction for the soil wont cause in any movement as a result of a shallow trench being dug 90cm away. I would agree with you completely if they were digging down to say 1m. This is borne out by experience as my house didnt fall down when I built my porch and that had 18" footings due to being built on clay even though the regs say 8" footings

Share this post


Link to post
Share on other sites

The soil is clay and the foundation of my neighbour extension will be 1m.

 

My neighbour just gave me his party wall notice. In the notice he has appointed an architect to dig a hole around my house to find out the depth of my foundation. As mentioned above I am pretty sure the foundation of his extension is much deeper than mine. However he'd like his architect to confirm that and take it from there.

 

Does this sound reasonable?

 

I'll keep you posted how I get on with this matter.

Share this post


Link to post
Share on other sites

So you won.

He's taking a professional to agree the work and sign for it.

If anything happens the architect insurance should cover you.

Share this post


Link to post
Share on other sites

My neighbour dug a trial hole to inspect my foundation at weekend and confirmed my claim. There is no obvious foundation for my house. He shew his work and promised to get his architect to take a look to get an update design of the foundation of his extension. Till today I have not got chance to speak to them as they do not answer door bell. However I can see the hole has not been back filled. I am worried the trial pit may affect the stability of my foundation especially in this rain season. The trial hole is 50cm wide BTW. Should I be worried and how I can force him to back fill the hole as soon as he could?

 

Thank you as always!

Share this post


Link to post
Share on other sites

Fundations won't fail for a 2 foot hole, not in a few days, so don't worry.

It would take a long time and a lot of rain to start deteriorating the fundations.

Share this post


Link to post
Share on other sites

you dig bigger holes to put in a fence post or washing line so dont fret over such things

  • Haha 1

Share this post


Link to post
Share on other sites

Thanks a lot.

 

I dropped a note through my neighbour's door and he replied that his hopeful structural engineer may come next week if he is coming to my area (finger crossed). He did mention he would cover it in the meantime. Hopefully he kept his words this time. 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...