[Closed] STW, solicitors letter claiming damages, civil law question.

I can't see what they would be asking you to do? Has this person commited criminal offence? If they have I assume you reported that you saw something to the police and they are following up with prosecution etc.... I would show the letter to the police, especially if you or any neighbours are witnesses as it could be seen as perverting the course of justice which the law and courts take a very dim view of. I

Sorry but your post is so vague it's impossible to know what you mean. I don't even understand what your question is.

Not going to go into details for obvious reasons...

I think you said

"You complain about neighbour 1 to Police?

Neighbour 1 launch civil proceedings against you and neighbour 2?

Can you and neighbour 2 share a lawyer?"

My advice (not a lawyer just a typical STW chancer)

1. Tell the police,CPS and courts
2. Wait as nothing will happen until after the criminal case
3. Ask a lawyer if they can represent all of you
4. Do everything you can not to be involved on either side of a civil prosecution out of your own pocket. It will bleed you dry emotionally and financially

The original post is confusing about the number of relevant neighbours. Is it one other neighbour or several?

Anyway it's impossible to know how to advise on the facts given. Reminds me of one of the role plays we used to get given at solicitor school. But then we had 20 mins locked in a room with the pretend client to try and tease out of them what the **** they were on about.

Is this some sort of an attempt at witness intimidation?

What are they claiming damages for? Bear in mind that generally if you go to a solicitor and pay them money they will write you a letter but there has to be a basis to the claim. That doesn't mean the claim has any substance.

You can't just 'claim damages'.

Further, If there is a reason stated for why you should be paying damages did you do the thing that they are claiming damages for.

My idiot neighbour has had various solicitors letters sent to me and my other neighbours before and I've just responded myself as the claims were so nonsensical I didn't need a solicitor to respond for me.

That said I have had a few years experience dealing with complex insurance litigation.

If you are happy that the claim is nonsense then report to the police etc but you will still have to respond to the solicitor in accordance with pre-action protocol.

Do you have legal expenses cover on your home insurance? If so I'd start off by giving them a call.

Not enough information to give any form of accurate advise .
Do not ignore the letter, respond disputing the claim.
Do not put information/facts relevant to the criminal case in the letter keep it as vague as your op if necessary.
If their is no conflict of interest your other neighbour and you can share a solicitor.
Check you house insurance see if it will cover your legal expenses or provides a legal advise service.
If you want a better answer option a) go and pay a lawyer b) give more info c) ring a solicitors office (small local criminal firm) and ask to have a quick chat to see if it is worth taking any action. I suggest small local criminal as hopefully like me they will be gobshites who love talking law and also involved in the work to rule so will have time on their hands.

I suggest small local criminal...

You'll need to tell us on what grounds the neighbour is taking action, or pretending to anyway. Defamation? Harrassment? Something else completely spurious?

If it's defamation it's highly unlikely he'll succeed. Reports of criminal behaviour to police have 'absolute privilege', which is a valid defence against defamation actions.

Cheers for the responses from all, particularly the ones that helped 😆
I've got legal advice coming from a solicitor today and hopefully my installation of a root barrier 12" in from the new fence the unfriendly neighbour is installing (since April) and surrounding the new additional screening plants I will install as I don't think the existing will survive the amount I've got to cut back/remove based on the fact he has now made an allegation my 'roots/ryhzomes' have destroyed his entire garden............I pity folk with severe OCD and a disturbed sense of reality/tempers that shorter than some dictators........would have been easier for him to just install a 6' fence and give us our privacy...... 🙄

Well that cleared that up...

You know you shouldn't be cultivating Japanese knotweed?

😆 johnners, exactly in one, Google takes you straight to American and Australian monster bamboo specimens etc etc, they've only been in my garden with him living there and taking height off them and trimming any foliage on his side as he wanted with my permission for 15 years! Now he wants to remodel his garden and move his patio to elsewhere etc he's basically dug the foundations for the Berlin Wall all the way round trying to kill all in his path......he only likes straight edges/ regimental planting etc etc and basically borders four neighbours.....all of which apart from the infirm 90 year old who is housebound . He is claiming right to light etc etc etc despite the fact he bought a house with an East facing garden that is shadowed not by the leylandi he's butchered of my neighbours but by the house themselves!
I'm sure Karma will prevail.......... 😆

I have to admit, I really don't know what you're going on about

I'm not a solicitor but do deal with solicitors letters at work quite a bit, especially when people don't get their own way.

Dont be alarmed by the letter, without knowing the basis and detail, if you can share the costs with someone do so if need be - again depends if a response is even required?

So, basically, you've got some nasty invasive plant growing up to your boundary that your neighbour doesn't like in his garden?

So what is your criminal complaint in this?

I'm going with criminal damage of a twig.

Are they still making Judge Judy?

Judge Rinder or Geordie nowadays.

It's fair to say that bamboo (if that's what you have, still not entirely clear) is a shitter of a plant - took me days with a mattock to shift the roots out of our garden (of the supposedly non-spreading varieties)

... and the other "plant" that's a shitter is Leylandii - if I was your neighbour I'd probably be round at your doors with my mattock

( /inernethardman )

OP, Legalese is a confusing language, so you do right asking for advice.

However, It's far easier to understand than whatever it is you are posting about 🙂

You will probably get some proper advice (from professionals) on here, if only you could explain the situation clearly.

(So far, it's as clear as custard)

Nope, still no idea I'm afraid.

Something about plants. Still no clue what the criminal aspect is.

[wild guess]
I'm going along the lines of OP has plants growing in his garden that are intruding into his neighbours garden.
Neighbour is fed up with having to remove OPs plant growth as it's not what he wants in his garden (seems fair enough). Maybe the neighbour has cut down/killed OPs plants, so OP has reported this 'crime' to the feds?
Post might be about the neighbour taking action to stop other people's unwanted plants intruding/growing in his garden.
[/wild guess]

taking height off them and trimming any foliage on his side as he wanted with my permission for 15 years

Is it or isn't it Knotweed?

+1 for not really understanding what's going on here

[IMG] [/IMG]

No. Still no idea.

Is it or isn't it Knotweed?

Can't you just nip round with a bottle of plonk and sort this out like civilised folk? The only people who will benefit from this kind of dispute will be the solicitors, not you or your neighbour.

Do ensure that your neighbour doesn't have a religion, health issue or previous addiction that might mean a bottle of plonk is less emollient than you thought it might be.

Any gesture of reconciliation would do, it just requires two adults to swallow a little pride and see sense.

This is bamboozling 🙂

Out of curiosity...you mention damages...what's your loss here?

EDIT: oh wait..is he claiming damages from you? My head hurts 🙂

I'm not sure, but sounds like the neighbour could be fed up the OPs invasive plants getting his side of the fence.

Although, it's really not clear at all!

It's [s]complex law[/s] incoherent tripe right enough Peterfile!

Something about criminal plants. It seems that neighbour is harshing on OP's mellow. Beyond that...

[img] [/img]

We need an update!!!

Have the Triffids taken over?
Has the neighbour gone 'postal'?
Has the Berlin Wall been built yet?

Well, isn't this disappointing

I am the last to understand internet social media etiquette but surely we are owed an update.

I'd be tempted to sue someone (although I'm not sure who) if we don't get one crankboy.

Re sorry been away from computer for a while........its in the hands of the police regarding affray ( trying to cleave my skull open using 4ft if scaffold bar as a samurai sword), the offending roots/ foliage had already been trimmed back prior to his application of poison and subsequent 'samurai' attack.......I plan to install a root barrier system 30cm from his new unfinished fencing/gravel boards and the solicitors will negotiate a settlement hopefully.........beyond trying to talk to him or his wife as he only communicates in four letter words........that's all folks, nothing to see here, move along 😆

Pics of the neighbour's wife?

Still no clearer really, but I hope you get it sorted!

he only communicates in four letter words

I imagine the pair of you find it hard to communicate with one another.

Like texting it's easier to speak than type in words 😆
😆 😉 🙄

So better idea now . I assume you have legal advice that covers all your questions so good luck . no doubt it is too late to try and make things amicable so " strong fences make good neighbours. "

trying to cleave my skull open using 4ft if scaffold bar as a samurai sword

My advice would be to try to use it as a club or bat. Using a pipe as a sword would be highly ineffective as they're incredibly difficult to sharpen.

trying to cleave my skull open using 4ft if scaffold bar as a samurai sword

Standard STW response....have you tried Relate?

😆 x2