My neighbour taking me to court ( advice pls )

Re: My neighbour taking me to court ( advice pls )

Postby arborlad » Mon Apr 20, 2015 5:57 pm

nothingtodowithme wrote:..this is where you are confused;



On the contrary - which part of CASE DISMISSED - did you not understand.
arborlad

smile...it confuses people
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Re: My neighbour taking me to court ( advice pls )

Postby Roblewis » Mon Apr 20, 2015 8:38 pm

Perhaps NTDWM is related to the claimant in some way - mentally :? :? :?
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Re: My neighbour taking me to court ( advice pls )

Postby Sudynim » Sun May 03, 2015 7:15 pm

Roblewis wrote:Perhaps NTDWM is related to the claimant in some way


I wonder how NTDWM knew the exact sum being claimed - I do not recall Jd007 mentioning it.

Would be good to have a progress report in any event, Jd..... :?:
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Re: My neighbour taking me to court ( advice pls )

Postby jonahinoz » Wed May 13, 2015 8:02 am

Hi,

Would I be right in saying that if your neighbour attends court, and you don't, then he wins?

I believe there are people who sue big companies in the hope that they won't bother attending court ... getting a solicitor to represent them would cost more than the claim.

602
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Re: My neighbour taking me to court ( advice pls )

Postby arsie » Wed May 13, 2015 10:11 am

That is almost invariably the case, jonahinoz. The courts cannot abide time wasters ;)

All advice on government web sites, CAB etc is to attend. You can apply for costs of lost pay etc.
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Re: My neighbour taking me to court ( advice pls )

Postby Jd007 » Sat Jun 06, 2015 4:27 pm

Hi everyone hope all is well. This nightmare is still going on! About 4 weeks ago he sent me another personal letter along with a letter from his "friend" solictor which wrote that they beleave my neighbour is in the right and they think according to the land registry the fence is mine. The worded it so they don't get caught out for saying anything wrong. I ignored the letter becuase we already have a 2nd court case going on so I don't see why I have to reply to him personally.

After 7 weeks I got a letter from court saying

"General form of judgement or order

It is ordered that

Unless the claiment withen 14days of receiving this order sends to the court and the defendant fully detailed particulars of claim ( as referred to in the claim dated 29march 2015) setting out the cause of action and the remedy sought then the claim will be struck out without further notice.

Becuase this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court ( together with the appropriate fee) to arrive withen 7 days of service of this order."

I didn't understand this I asked my friend they tould me ignore it as the letter says I am first defendent and my neighbour is fist claiment on top of the letter so it ain't really anything for me to chase up as it says the claiment needs to get the papers together and send me and judge ? Am I right or wrong ?

Thanks
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Re: My neighbour taking me to court ( advice pls )

Postby span » Sat Jun 06, 2015 4:35 pm

Looking good jd you're on the pig's' back here.
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Re: My neighbour taking me to court ( advice pls )

Postby arsie » Sat Jun 06, 2015 4:58 pm

Yep jd007 you are right.
He needs to respond if he wants to take this 2nd claim any further. You don't have to respond.

The judge gives him 14 days to submit fresh evidence etc. If he doesn't, the judge will strike off this 2nd claim. But because the judge's decision has been reached without hearing you in person, the judge also allows either of you 7 days to have this order ('14 days to submit' etc) stayed, varied or set aside. Stayed = suspended for a time; varied = changed; set aside = ignored.

Obviously you won't take up that 7 day offer.

Matey's cock is on the block to come up with fresh evidence for the judge or to convince him/her that he should have more time ...
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Re: My neighbour taking me to court ( advice pls )

Postby Jd007 » Sat Jun 06, 2015 5:20 pm

arsie wrote:Yep jd007 you are right.
He needs to respond if he wants to take this 2nd claim any further. You don't have to respond.

The judge gives him 14 days to submit fresh evidence etc. If he doesn't, the judge will strike off this 2nd claim. But because the judge's decision has been reached without hearing you in person, the judge also allows either of you 7 days to have this order ('14 days to submit' etc) stayed, varied or set aside. Stayed = suspended for a time; varied = changed; set aside = ignored.

Obviously you won't take up that 7 day offer.

Matey's cock is on the block to come up with fresh evidence for the judge or to convince him/her that he should have more time ...


Thanks very much now I know for sure to sit back and see what happens. I know he will never give up so I expect to come out with anything as "evidence"
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Re: My neighbour taking me to court ( advice pls )

Postby Roblewis » Sat Jun 06, 2015 9:52 pm

The judge does seem to have considered the 1st claim as he talks of fresh evidence. The day count starts the day after post stamp date on the envelope so you can now start the count, it should therefore be around Monday 22nd by my reckoning and Monday 15th to stay/vary/set aside the order.

Good luck - the latest letter seems intended to frighten you into some form of response to get you to say something they can latch onto or claim to the judge that discussions are ongoing. Do NOT respond - they have to take the claim forward or fail.
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Re: My neighbour taking me to court ( advice pls )

Postby MacadamB53 » Sat Jun 06, 2015 11:24 pm

RobLewis wrote:Good luck - the latest letter seems intended to frighten you into some form of response to get you to say something they can latch onto or claim to the judge that discussions are ongoing. Do NOT respond - they have to take the claim forward or fail.
+1 my thoughts entirely - DO NOT RESPOND.

All the best, Mac
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Re: My neighbour taking me to court ( advice pls )

Postby Jd007 » Tue Jun 09, 2015 2:27 pm

Hi everyone got a bunch of letters on recorded delivery from my neighbour today, in reply to the judges letter last week. It's the same demands as the first court case we had he is asking for 50% of the cost. As evidence he has a copy of the land registry to prove the fence is my responsibility along with a page full of " schedule of restrictive convenants".

He also had a letter from his solictor ( very good friend of his ) who has written " further to the above matter I've had a look at a copy of the land registry for your property. As far as I can deduce you are responsible for maintaining the boundry on your right.

Apart from that he had nothing else.

My arguement again and again will be if it's my fence my responsibility who gave him the right to even touch my fence let along break it and put a fence that he wanted and liked.

I will ignore his letter again and just wait and see what the judge decides or if I have to go court again
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Re: My neighbour taking me to court ( advice pls )

Postby arsie » Tue Jun 09, 2015 3:43 pm

Hello again Jd007!
I would be interesting to see the restrictive covenants, just to confirm if they are relevant or not. What you said in the first case is as true as it ever was: maintaining a fence is a positive covenant and it 'died' with the first owner.

What you said (in blue) was very good imo:
Jd007 wrote:The hearing was about 15 mins long and judge decided CASE DISMISSED

Main reason was lack of evidence to say there was any kind of agreement or even if the fence for sure is my responsibility. Towards the end the judge started to read the deed and was highlighting the points about the fence should be kept in good order etc what I wrote from the deed couple weeks ago. At this point I said I don't have much knowledge on this but am I right in saying this is a "positive convinent" meaning it should not apply to me as I was not the person who signed this 115 years ago, Judge slightly smiled and stopped reading. And then said case is dismissed and if claiment can get good evidence to say it was my responsibility and that he is allowed to put up the fence and bill me he then has a good case.

Which point claiment said he will start another case and will this time pay a solicitor and will bill me once he wins.

I "won" today but I think this won't be the end.

Matey was told what new evidence he needed (in red) for a good case. However, what the judge said in dismissing the first case has not been written down in the court papers, has it? In which case, I don't see how the guys processing this second case can know what the first judge said. If they see documents not submitted before, how can they tell it is not new evidence? Nice :evil:

I am wondering if you might submit a brief response to the court ASAP pointing out why the first case was dismissed: I would use words very like what you said before that I have quoted above.

What do others think?
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Re: My neighbour taking me to court ( advice pls )

Postby MacadamB53 » Tue Jun 09, 2015 4:26 pm

Hi Jd007,

have I worked this out wrong or have you given the wrong info?

claim date = 29/03
letter date = seven weeks' later = 17/05
deadline = 14 days from letter = 31/05

so the deadline has passed and he's out of time...

Kind regards, Mac
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Re: My neighbour taking me to court ( advice pls )

Postby arsie » Tue Jun 09, 2015 5:34 pm

Assuming he posted to the court same date. Simple trick to avoid Jd007 responding in time?
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