What can be done if a court order is received for damage to a property that the person named in the order no longer owns?

Question

I am looking for some legal advice.
Basically my neighbour claimed that my builder damaged his wall after 6month the builder left and demanded originally £6000, I refused so he had surveyor out and he said that my builder has damaged the wall.

I said that I will get painter and decorator to come and fixed but the neighbours wanted the cash so I offered what I was going pay my painter and decorator which is £900, the neighbours refused and today I received n322 order of recovery award but its in previous property owners name.

My question is what shall I do if the court order is not in my name and how come I did not receive any other letter to give me a chance to defend my side.

Any legal advice given will be very much appreciated.

Eric Mays · Accepted Answer

NQ - has that form been sent incorrectly as that refers to ACAS, which is for employment. I’d have thought you’d receive a small claims notice, call the court and double check this is correct

Answer

I have not received court notice unless they sent it and it got lost in the post

Answer

Thing is the court order is in previous property owners name

Answer

N322 order of recovery award

Answer

Tax Adviser. Why are they claiming from you and not the builder?

Answer

I called citizens advice and my home insurance legal today to get some clarity on this issue that papers is not in my name they all said its bit unusual issue and I should speak to a solicitor

Answer

NQ - did you and your neighbour sign party wall agreement? If not, then there is little they can prove that your build has caused damage to their wall. You need to check what the party wall agreement states. Also, your neighbour can’t just cook up a value. They need to get a surveyor to make assessment and provide a report, they need to find 3 quotes to repair based on what was recommended and they need get judgement from court awarded to them before anything takes place.

Yolanda Harding

12th April 2022

Answer

NQ: You have the right to defend cases against you. Given that you were not a party to the case, nor provided notice (which even if notice was given it would be illegal for you to open someone else's mail), this won't affect you.

If anything the neighbour's solicitor (if they had one) is negligent for not finding out who the current owner of the house is. Get your documentation together, and also get a mutual surveyor to assess actual damage as Hari mentioned. Do not mention anything to the neighbour about the order being in the wrong name.

Answer

Tried speaking to couple of local solicitors and they said they can't help me and citizens advice me to contact solicitors.

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