Viewing 40 posts - 1 through 40 (of 50 total)
  • STW, solicitors letter claiming damages, civil law question.
  • Suggsey
    Free Member

    Received one today giving me 14 days to acknowledge receipt and enact its requests……it’s as a result of a criminal complaint against a neighbour that I’ve made……other neighbours received similarly worded letter, can we use one solicitor to represent us both should we/he decide to escalate to civil proceedings (after the crimiminal investigation has taken place/ any charges/court appearance on his part)?
    Not going to go into details for obvious reasons but thinking of keeping costs down if needs be and the whole situation involves all the neighbours that surround his property so would seem to make sense.

    robdob
    Free Member

    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

    curto80
    Free Member

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

    v8ninety
    Full Member

    Not going to go into details for obvious reasons…

    You are going to need to go into more details than that though, because it’s about as clear as mud what you are actually asking… Just don’t mention locations or names, it’ll be okay. Plus juicy details will get you more thread posts which will increase the chance of someone who actually has a clue posting up…

    ampthill
    Full Member

    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

    curto80
    Free Member

    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.

    thegreatape
    Free Member

    Is this some sort of an attempt at witness intimidation?

    dannybgoode
    Full Member

    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.

    crankboy
    Free Member

    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.

    tthew
    Full Member

    I suggest small local criminal…

    sounds like he’s got one of those already, living next door. 😀

    martinhutch
    Full Member

    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.

    Suggsey
    Free Member

    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…… 🙄

    cb
    Full Member

    Well that cleared that up…

    johnners
    Free Member

    You know you shouldn’t be cultivating Japanese knotweed?

    Suggsey
    Free Member

    😆 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………. 😆

    piedidiformaggio
    Free Member

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

    dyls
    Full Member

    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?

    thecaptain
    Free Member

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

    crankboy
    Free Member

    So what is your criminal complaint in this?

    martinhutch
    Full Member

    I’m going with criminal damage of a twig.

    unknown
    Free Member

    Are they still making Judge Judy?

    PiknMix
    Free Member

    Judge Rinder or Geordie nowadays.

    scaredypants
    Full Member

    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 )

    nealglover
    Free Member

    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)

    wonkey_donkey
    Free Member

    Nope, still no idea I’m afraid.

    Sundayjumper
    Full Member

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

    sharkbait
    Free Member

    [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

    OP, your neighbours does not need your permission to cut any growth from your plants over his land – he can do what he wants. In fact I think he may even be able to ask you to do the work.

    legend
    Free Member

    Is it or isn’t it Knotweed?

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

    bigblackshed
    Full Member

    No. Still no idea.

    sharkbait
    Free Member

    Is it or isn’t it Knotweed?

    If it was I’d be sending the letter myself 😐

    globalti
    Free Member

    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.

    wwaswas
    Full Member

    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.

    globalti
    Free Member

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

    peterfile
    Free Member

    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 🙂

    piedidiformaggio
    Free Member

    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!

    cynic-al
    Free Member

    It’s complex law incoherent tripe right enough Peterfile!

    Squidlord
    Free Member

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

    piedidiformaggio
    Free Member

    We need an update!!!

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

    piedidiformaggio
    Free Member

    Well, isn’t this disappointing

    crankboy
    Free Member

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

Viewing 40 posts - 1 through 40 (of 50 total)

The topic ‘STW, solicitors letter claiming damages, civil law question.’ is closed to new replies.