You don't need to be an 'investor' to invest in Singletrack: 6 days left: 95% of target - Find out more
Neighbour refurbishing house. Contractor damages fence at one end by breaking fencepost with digger. A few days later contractor knocks down fence at the other end breaking another post and smashing a panel. Fence is joint responsibility. Despite promises, a year on neighbour still hasn't repaired. During February storms another chunk of fence lands in my garden. neighbour refuses to say when he will repair the fence (but he "will eventially") Neighbour breaks off diplomatic relations. Emails go unanswered, Recorded delivery letters asking for a commitment returned by GPO.
Got my own contractor to repair at a cost of £480. Need to recover money from neighbour but he will of course ignore the invoice when I send it.
If he refuses to pay, can I sue him for £480 ?
If he refuses to pay, can I sue him for £480 ?
Yup
Will you win? Who knows?
Sounds like it is his contractor you need to sue, if he caused the damage?
Try 'Hetherington' at the Dailym...youknowwhat..
I think you mean: do I stand a remote chance of improving the position, or recovering the readies. Would anyone else spend their own money on this?
Two hopes, one is called Bob.
Time may heal - but your nextdoor will still be a ****.
Just make sure the invoice is offensive.
😳
Actually, if the outcome was a CCJ I'd be happy. Don't minding risking a few quid to follow things through.
Suppose the question should have been "is £480 above the minimum threshold for suing someone?"
No, you can sue. Is it worth the hassle? Only you know.
I'd probably put up my own panels. Do it when he's away. Paint "COCK" on his side, but using wood bleach, not paint. Either that or use a blowtorch. See how quickly the lazy bastard gets off his arse and does something about it.
The other question is: When I sell the house and the purchaser's solicitor asks if we have had any disputes with the neighbour, will I be happy to say "Yes, I sued his sorry ass rather than pursuing his negligent contractor who should have public liability insurance for just such an occasion"?
Neighbour breaks off diplomatic relations. Emails go unanswered, Recorded delivery letters asking for a commitment returned by GPO.
What does he do now when you knock on his door and ask to have a chat about it?
What does he do when you knock on his door and ask to have a chat about it?
^^Yes^^ You're on a hiding to nothing here. Your best outcome is surely a negotiated settlement. Try and talk to him. Is there anyone you both know who be able and willing to mediate?
there will be no negotiated settlement with the neighbour as he has done **** all for over a year and wont even speak to the OP that is flogging a dead horse
as above you can sue but it will cost.
DO you have any proof the contractors did it or anything in writing saying the neighbour would fix it ?
if you have then I assume you will win
IANAL
OP do you have any correspondence at all documented? i.e an admission that a person contracted/instructed/employed by the neighbour caused the damage?
If so I'd go down the small claims route. If its all verbal- well its a big gamble isn't it.
£480 is alot of money to pay for something that you didn't do/do wrong. Its also principle. What an utter cock. I'd feel embarrased/get it sorted asap if it was my building work without even having a conversation with anyone.
The trick I use with companies - and it is 100% effective so far - is to download and fill out the N1, then send it to them with a letter titled 'letter before action', telling them because they refuse to be reasonable and cooperate it is end of the line so pay up or you will have no other choice but be forced issue the claim, which will be filed in 7 days with no further notice. Emphasise the 'unreasonable', and 'forced to take action' etc etc. In the claim add 150 or so for costs, cost of issuing and also interest at the judicial rate (iirc still 8%) helps to make it look costly if they don't respond.
@ dd
[i]See how quickly the lazy bastard gets off his arse and does something about it. [/i]
On past form the neighbour would probably knock it flat into the OP's garden.
OP - question that has been asked already about evidence. Without it I'd guess the court would think your neighbour is indeed a cock but won't be able to do anything about it. If he's that much of a knob, lying in court will be no problem to him. If he doesn't turn up it will be a different matter but that's a real risk.
I'd just fix it myself and be smug in the knowledge that I'm a better person than the *womble next door.
There is little to gain from sueing your neighbours.
Though I am tempted to do what DD suggested too.
I'd just fix it myself and be smug in the knowledge that I'm a better person than the *womble next door.
Whilst the 'womble' sits there saying, "told you next door would fix it if I left it long enough, saved a load of cash there."
annebr you'd save yourself alot of stress.
The issue is your neighbour may be the type who thinks they now have carte blanch to rough-ride over you for everything. Parking etc.
Its principle. Live your life by principle.
Its now your new fence, let it go at that, perhaps he has no money or want pay if he has.
I doubt the *womble thinks about next door at all.
He lives in "*womble world" and you do not exist.
Neighbour breaks off diplomatic relations. Emails go unanswered, Recorded delivery letters asking for a commitment returned by GPO.
Honestly ? with a neighbour ? you posted recorded letters next door ?
recorded letters to next door?! Just hand deliver it surely. I mean place it in their hand, when you pop over to talk it through, man to man.
From the post I assume you talked about it then he stopped talking so you moved to email then to recorded delivery . You can sue him but it would be clearer to sue the contractor who actually caused the damage beware the contractor may argue he was instructed to take down those sections by the neighbour. A claim against a contractor would not need to be disclosed to a future purchaser of your house a neighbour dispute would.
Threads like this make me find excuses to buy beers for my excellent friendly and helpful neighbours.
I don't suppose you happen to be in a position where the installation of trees would block sunlight into his garden are you?
[i]£480 is alot of money to pay for something that you didn't do/do wrong. Its also principle.[/i]
Whatever you do, don't fight a legal case based on 'principle'...
You should not have replaced the fence, just plant some of these beauties instead
[img] 
[/img]
Whatever you do, don't fight a legal case based on 'principle'...
+1
If you desperately want your day in court, go after the contractor, not your neighbour.
You'd probably be massively underwhelmed by a default judgment anyway (if he isn't responding to letters/emails, what makes you think he'll show up for your day in court?)
Honestly, although I can empathise with your frustrations, I think that going down the litigation route with your neighbour will cost you far more than £480 over the years.
This is best sorted with a fist fight, if he's bigger, get tooled up.
I guess money claim online would be the best way to trace your money, otherwise legal bills will be far higher than the £480 odd.
I thought this was what buildings insurance was for?
I thought this was what buildings insurance was for?
Nope. It's what public liability insurance (the contractor's) is for.
Additionally - do you want to move in the future? You have to mention neighbour disputes to potential buyers. Apparently a lot of potential buyers are scared off by properties with neighbour disputes.
I think taking your neighbour to court constitutes a neighbour dispute - although I'd have to confirm with Mrs DaRC_L (my legal representative)
It's really not worth getting subsumed by this. Although I do understand as I was in a similar situation once. Horrible bad nick fence owned by neighbour who refused to do f'all about it.
My advice would be to get yourself a nice new fence and put it on your land, not on the boundary. Get one that looks nice from your side and as bland / horrible and imposing on your neighbours.
He'll either hate it or not give a t***. Either way you will be happy and the dispute will be forgotten before long.
My advice would be to get yourself a nice new fence and put it on your land, not on the boundary.
Do this and then paint each panel a different colour of the rainbow on his side 🙂
Look into the small claims court
Its reputedly easy enough to do yourself
But suing. no way IMHO. If he doesn't show up your left with all your legal costs and then suing for those.
Given it's been so long wouldn't be tricky to explain why leaving it so long to go after the contractor? Odd that the neighbour didn't make the contractor sort it out at the time really.
Some very balanced advice there.
Since the neighbour engaged the contractor who knocked the fence down I would assume that the neighbour is legally accountable.
I didn't mention the roof tiles landing on my doorstep, the killing of my bedding plants, the glass all over my pathway, the rubble landing on my car etc etc. Believe me, I have had many reasonable discussions with the guy.
My choices are either to forget it or try to bring a bit of misery to his life by going through the courts. Would be happy with a CCJ if it screws up his credit rating.
Do what you need if you want a bit of moral payback. Just don't let it take over and start dominating your life. These things have a tendency to become all-consuming. I know I've been there.