Chances of getting money for party wall damage

[s2bounce]

My neighbour failed to serve party wall notices when she started to knock down a party wall and in the process of digging her foundations she damaged my property and without my permission she cut the joined flat roof damaging my flat roof and brick work.

I documented everything and took photos of the damage and sent her notice letter I would take legal action if she does not stop building and serves me party wall notices after a 3 strongly worded letter she served me notices and party wall surveyors carried out a schedule of condition and told her how sh*t her builders were.

Fast forward a few months I have submitted 2 quotes for around £20k and gave her end of this month to pay up and she has not bothered responding.

Prior to this I instructed solicitors who sent her a letter in in turn she wrote back offering to pay if I provided her quotes.

As she has not responded I have sent another letter today (always recorded delivery) and given her another week to transfer the money into my account.

If she does not respond I will instruct my solicitors to start legal proceedings to get me my money.

My question is even if the court found in my favour and ordered her to pay up, how likely is it I would get my money from her and what action could I take to ensure I get my money?.

[Djtemeka]

You’ve done all the hard work that most people ask advice for but ask a question that no one can answer.
She may pay. May not pay. No one knows.

I hope she coughs up though. Good luck. Sounds a right nightmare.

[s2bounce]

Sorry should of worded it better, if she does not pay is there anyway I can force her to pay for example instruct bailiffs etc and what is the process should it come to that?

[TooMany2cvs]

s2bounce said:

My question is even if the court found in my favour and ordered her to pay up, how likely is it I would get my money from her and what action could I take to ensure I get my money?

A CCJ tends to make people pay attention. She can't be absolutely potless to have been thinking of substantial building work on her home, so there's a good chance that, even if she doesn't take the hint, recovery agents might get somewhere. And, yes, she'll be liable for all the costs of seeing you straight.

Ultimately... https://www.gov.uk/apply-to-bankrupt-someone

[anonymous-user]

As always, it comes down to if she has the money.

Balifs can only get from her what she has to give.

I'm no expert by a long way but I do know that being in a position to instruct baliffs is one thing, getting the money is another...

[s2bounce]

TooMany2cvs said:

s2bounce said:

My question is even if the court found in my favour and ordered her to pay up, how likely is it I would get my money from her and what action could I take to ensure I get my money?

A CCJ tends to make people pay attention. She can't be absolutely potless to have been thinking of substantial building work on her home, so there's a good chance that, even if she doesn't take the hint, recovery agents might get somewhere. And, yes, she'll be liable for all the costs of seeing you straight.

Ultimately... https://www.gov.uk/apply-to-bankrupt-someone

Great that gives me some hope of threatening her with further action if she refuses to pay up.

This has been one nightmare and still is continuing to be.

The woman and her family are a wicked bunch with no understanding of the problems they have caused

[SmoothCriminal]

If you win pay the fee and get it transferred to a high court writ.

The HCEO has more power I think compared to a normal baliff

[Mandat]

If the party wall Surveyors can make an Award, detailing out the extent of damage and the required remedial costs, loss, etc. this then becomes a legally binding document, which she would have to appeal in the courts if she does not agree with the Surveyor's determination.

If the 14 day appeal period ends without her having appealed the Award, you can then go to the court yourself to seek enforcement of the award. She would then be severely on the back foot in that situation.

This process should give you a better change of success than just filing a MCOL.

As ever, you should seek professional paid legal advice if you do want to go down the legals route.

[Mandat]

In addition to my above post, there is case law relating to the party wall Act, where if the developer fails to follow the procedures and requirements of the party wall Act, the burden of proof in relation to damage shifts significantly in the favour of the affected neighbour, meaning that the developer would have an uphill battle in trying to defend a damages claim.

[TwistingMyMelon]

Can the building works still get signed off by building control with party wall damage?

Also if she sells the house , will all this agro and issues be available to the buyer?

Just thinking out loud as I have no idea

You have my sympathy , what a nutter

[Saleen836]

If you obtain a CCJ against the neighbour can you then apply to the court for a Charging Order to be placed on the property if they fail to pay?

[surveyor]

If she owns the building next door I would have thought you stand an excellent chance of getting your money back. I believe there is a procedure that the courts can use to 'attach' a debt to a property, much like a mortgage.

This is a distant memory... But I think I'm right!

[TooMany2cvs]

Putting a charge against it's all very nice, but won't get the OP their money until the place is sold. Which might be decades...

Nah, sod that.

[bobtail4x4]

TwistingMyMelon said:

Can the building works still get signed off by building control with party wall damage?

Also if she sells the house , will all this agro and issues be available to the buyer?

Just thinking out loud as I have no idea

You have my sympathy , what a nutter

building control have no input to a party wall dispite,

[psi310398]

TooMany2cvs said:

Putting a charge against it's all very nice, but won't get the OP their money until the place is sold. Which might be decades...

Nah, sod that.

Although the company holding any mortgage might take a very dim view of it...

[TooMany2cvs]

psi310398 said:

TooMany2cvs said:

Putting a charge against it's all very nice, but won't get the OP their money until the place is sold. Which might be decades...

Nah, sod that.

Although the company holding any mortgage might take a very dim view of it...

Second charge - you're behind them in the queue.

[Red Devil]

TooMany2cvs said:

Putting a charge against it's all very nice, but won't get the OP their money until the place is sold. Which might be decades...

Nah, sod that.

True, but the prospect of that obstacle might concentrate the owners mind.
If it's the only asset they own which can realistically cover the amount owed it's better than nothing at all.
Of course if the equity is low or negative, then you have to hope that the long game will work for you in the end..

Another option which can be effective after a CCJ is to apply for an Order to obtain information.
Most people aren't too keen on having all the details of their finances put under the microscope.
Failure to comply is contempt and carries the risk of a spell at one of Her Majesty's holiday camps.

[Saleen836]

Red Devil said:

TooMany2cvs said:

Putting a charge against it's all very nice, but won't get the OP their money until the place is sold. Which might be decades...

Nah, sod that.

True, but the prospect of that obstacle might concentrate the owners mind.
If it's the only asset they own which can realistically cover the amount owed it's better than nothing at all.
Of course if the equity is low or negative, then you have to hope that the long game will work for you in the end..

Another option which can be effective after a CCJ is to apply for an Order to obtain information.
Most people aren't too keen on having all the details of their finances put under the microscope.
Failure to comply is contempt and carries the risk of a spell at one of Her Majesty's holiday camps.

If a Charging order is secured and they fail to pay either the full amount or by agreed installments you can go back to court and apply for an order of sale, I would think in most cases the threat of one would be enough as they will be unable to sell or even remortgage with one in place.
Info here...
https://www.citizensadvice.org.uk/debt-and-money/a...

[W124Bob]

Does she a have a reasonable car and is it on finance? That always seems to be the sheriffs first option when collecting on a debt.

[anonymous-user]

If she had home insurance surely this would be covered by it?