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Old 14 October 2005, 03:30 PM
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jase555
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Default Neighbour Threatening Court Action ? - Advice

basically i had a run in with a neighbour, it was reported to the police and i have been formally charged (long story),

basically guy wants £250 from me for the damage i have done to his door, i doubt this and i have been getting letters from his solicitor. Its the principal on this

where do i stand , i have asked him via his solicitor for valid information regarding to certain things

like

A few things have not been answered as to my first letter. The extract from Mr xxx's insurance is merely a letter quoting the excess, there is no “extract from the insurance policy” attached which I did in fact ask for, due to the nature of this incident we feel more information is required to proceed.

Secondly I did ask for an extract from the “police report” stating what the reported damage was done to the said door as this is an area of “uncertainty”, Mr xxx speaking to Officer yyy is infact no real proof.

Thirdly due to the longevity of this matter a point of contention has appeared. If the door was so badly damaged that it needs replaced to the sum of several hundreds of pounds why has Mr xxx not done this. If the door is damaged in such a way that it is not safe surely from security and insurance purposes this would need to be resolved as soon as possible not still outstanding nearly two months later. From this I would ask for a copy of the damage report that was issued to the insurance company stating “what was the damage” and “why it needs fully replaced” especially as the door is still in use.


Today I come home and have a solicitors letter saying you have 14 days to produce £250 or legal proceedings.

Basically this guy threatened my wife and family and because the witness is a minor no action can be taken, I reacted and from this have been charged with assault and breach of the peace, it has been reported to the fiscal but i need to wait and see if any proceedings are going to be taken.

Any advise please regarding the action

thanks

jase
Old 14 October 2005, 03:35 PM
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was it his backdoor?
Old 14 October 2005, 03:36 PM
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OllyK
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The list of events don't seem to track very well to me. Do I have this right?

The neighbour threatened your wife and family (why, i.e. was it provoked?)
It was witnessed by a minor, so the police weren't prepared to do anything about the threat.
You did / didn't go round to the neighbour and damage his door
He is claiming you have damanged his door and wants compensating
Where does the assault come in?
Old 14 October 2005, 03:38 PM
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alcazar
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Angry

If it were me, I'd let it go to court, and then produce my witness, but that might be crap in Scotland, so wait until someone who knows better answers.

Always the same though. Ring the cops: nowt.
Do it yourself, cops are there!

Alcazar
Old 14 October 2005, 03:39 PM
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thundertiger
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jase, seriously, you should have gone to plod in the first instance...

i know, in the heat of things this is difficult to do, but i have a 7" scar down the side of my moosh, which says otherwise.

i suggest you go round there and kick his door in, then drop £500 In an envelope in the hall.

neighbours can be *******, and i'm not taking sides, but usually there are 2 stories.

make your peace with him, no matter how much it hurts and move on....

its the worst thing in the world to be at war with neighbours...

get the olive branch out now, and sleep safely!!!

- just my advice.

good luck

BB
Old 14 October 2005, 03:43 PM
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rik1471
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Originally Posted by thundertiger
jase, seriously, you should have gone to plod in the first instance...

i know, in the heat of things this is difficult to do, but i have a 7" scar down the side of my moosh, which says otherwise.

i suggest you go round there and kick his door in, then drop £500 In an envelope in the hall.

neighbours can be *******, and i'm not taking sides, but usually there are 2 stories.

make your peace with him, no matter how much it hurts and move on....

its the worst thing in the world to be at war with neighbours...

get the olive branch out now, and sleep safely!!!

- just my advice.

good luck

BB
That's a very mature attitude. If only everyone could be like that.
Old 14 October 2005, 03:43 PM
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davegtt
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tell him to go take a running jump, it'll cost him another £250 to get you into court and it'll take a year, if you lose and have to pay up £500 then so be it, youve given the guy hassle he'll probably back down, he'll be paying through his teeth everytime his solicitor writes you a letter so keep writing back and get them to reply. Its usually £50 a letter the solicitors charge, Id do it just to be an ar$e
Old 14 October 2005, 03:44 PM
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davegtt
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Originally Posted by rik1471
That's a very mature attitude. If only everyone could be like that.
Mature = Boring.....

Take my advice and be an ar$e
Old 14 October 2005, 03:49 PM
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thundertiger
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Originally Posted by davegtt
tell him to go take a running jump, it'll cost him another £250 to get you into court and it'll take a year, if you lose and have to pay up £500 then so be it, youve given the guy hassle he'll probably back down, he'll be paying through his teeth everytime his solicitor writes you a letter so keep writing back and get them to reply. Its usually £50 a letter the solicitors charge, Id do it just to be an ar$e

i'm afarid you cant do that when family is involved.

scratches to cars, excess noise, bad feelings everytime you see each other, litter, dog **** through the letter box.

its so, not worth it.

take the upper hand and be mature, no one can take offence, if you say sorry, stick your hand out and smile.

if they do, then we'll have to re-evaluate the situation.
possibly with a group meeting

good luck and be mature - take the higher moral ground and win the day and safety, comfort for your family!!!

BB
Old 14 October 2005, 03:50 PM
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jase555
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trying to sum up

it was his front door,

basically wife called me to say what had happened , i can see his house from where i live, went over he was in the garden , talking to another neighbour came towards me in a menacing manner and i hit him once !!!!,

red mist came down chased him into his house stairs , neighbours pulled me out , he locked the door and i kicked it twice with a pair of trainers on,

police all came round and i was charged

son was 6 and thw wife , the guy went to town on them alone , blocked the wife from leaving and everything,

as it was witnessed by 2 minors under 10 they said there was nothing we could do,

since then this unemployed so and so has got a lawyer and from then have had 2 letters and this being the third.

jase
Old 14 October 2005, 04:00 PM
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davegtt
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lol.. thundertiger, we dont all live in Londons East End mate some people can stand their ground (be an ar$e) without things getting out of hand....

If hes written 3 letters already its already cost him £150 might have got the first one free though depending on how nice the solicitors are The guy sounds like a prize t\/\/at, I wouldnt be handing over £250 to someone who threated the wife and kids and got what was coming to them Fair enough you kicked his door and presumeably youve cause some damage on it? have you? cant tell from your post whether its been fixed or not (doesnt sound like it) in which case can the damage be bad enough to warrent £250?
Old 14 October 2005, 04:03 PM
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jase555
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davegtt

thats what i posted in the last letter se below paragraph

Thirdly due to the longevity of this matter a point of contention has appeared. If the door was so badly damaged that it needs replaced to the sum of several hundreds of pounds why has Mr xxx not done this. If the door is damaged in such a way that it is not safe surely from security and insurance purposes this would need to be resolved as soon as possible not still outstanding nearly two months later. From this I would ask for a copy of the damage report that was issued to the insurance company stating “what was the damage” and “why it needs fully replaced” especially as the door is still in use.



This happened 2 months ago !!!!!!!!!!!



and in return i got the letter today from his solicitor saying pay £250 in 14days otherwise court proceedings


jase
Old 14 October 2005, 04:09 PM
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Go round with a knife and tell him if this crap continues your gonna kill him. No beating about the bush, 1 quick..cheap resolution.
Old 14 October 2005, 04:10 PM
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So what was his problem with your wife then?
Old 14 October 2005, 04:11 PM
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Simple thing then, if the neighbour hasnt fixed the door how can you pay for his excess? surely he has to pay for his excess and present a receipt for you to pay him for.... Otherwise he'll collect £250 and pocket it. What a prat.

I think the best route is to say send me proof of any costs to Mr xxx for fixing the door and I'll cover the cost. He wont have any come back and if it went to court, they certainly would see you as being fair and you'll probably walk away laughing
Old 14 October 2005, 04:11 PM
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davegtt
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Originally Posted by King RA
Go round with a knife and tell him if this crap continues your gonna kill him. No beating about the bush, 1 quick..cheap resolution.
Like your style
Old 14 October 2005, 04:13 PM
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go to court. admit damaging the door. plead poverty stating that you are unemployed and that you realise that you did wrong blah blah but you can only afford to pay it back at £2 a month.

£250 for punching the ******, kicking his door in and having him run like a girl up the stairs is well worth £250.

everytime you see him or his family smile and tell them it was the best money you ever spent.
Old 14 October 2005, 04:38 PM
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Originally Posted by thundertiger
i suggest you go round there and kick his door in, then drop £500 In an envelope in the hall.
I would go with this option! Fantastic, i like it.
Old 14 October 2005, 10:24 PM
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jase555
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any more ?
Old 15 October 2005, 09:02 AM
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Chip
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Originally Posted by davegtt
Mature = Boring.....

Immature= childish

Chip
Old 15 October 2005, 09:10 AM
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Act all nice, pay the cash, patch things up, be a model citizen for a while (say 18 months), see if you still feel the same, if so then its up to you. Chances are you either cant be arsed or dont feel the need which is good, if you are still brooding or upset about it you still have the option.

Dont for ffs do anything stupid that will land you in court.
Old 15 October 2005, 05:48 PM
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Write to his solicitor (regularly if needs be) saying something along the lines of "to date you hve not received a reply to your letter dated XX/XX/XX". State that you do not consider the door to require £250 of repairs, and ask for justification of that sum. Re-state to the solicitors that the door has not been replaced to date. Send the letters first class recorded delivery, and keep a copy.

If things do end up going to court, you will have your letters showing that you are trying to be helpful but getting nowhere with them to form part of your defence. If they've not been sufficiently helpful, it will count against them.

If he's unemployed, he might have Legal Aid paying his solicitor, so just messing about to run costs up might not actually be costing him.

HTH.

John.

ps - I'm not a legal bod at all, that's just the way I see it.
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