Help - LB A/C advice needed please

[NGEddie]

Hi all

 

Haven’t been on for a while, but nice some familiar names are still active on here!

I have gotten into a situation and would really appreciate some advice and help.

I have the same feeling I did when I helped my Dad some years back with debt issues, where currently everything feels quite daunting but know the CAG members hold a wealth of information and have always been great

 

As I want to anonymise this, please bear with me for being vague anywhere.

 

Completely out of character,

I ended up in an altercation,

things were said,

the other party initiated pushing and shoving (in hindsight I should have left) and I was assaulted,

stumbled onto a vehicle causing damage

 

Police were called,

investigated and closed the incident with no further action.

 

I thought that was it,

until this other person writes to me asking for £ to pay for ‘the damage I caused’ to their property.

 

Started with a simple letter which I ignored,

then received an LB A/C giving me a month to reply.

Both delivered by hand if it makes any difference.

Knowing the pettiness and nature of this person I would expect them to push it to court.

 

I did PM an admin I know who said try here first,

as wasn’t sure where to post this.

 

Many thanks in advance for reading and any advice.

 

E!

Edited December 20, 2018 by dx100uk
format

[NGEddie]

Ok sure, probably being a bit too cautious then!

 

Well, the letters are as vauge as 'damages to my property' and 'damages to my vehicle'

 

The value is £600.00 which is apparently the persons insurance excess to have repairs carried out by their insurance.

 

The second letter is a letter before court action giving me 30 days to Acknowledge receipt of the letter, and if I don’t agree with paying for the damages, to give details as to why not.

 

The option of a dispute resolution service is being offered to avoid going to court and that if it went to court they would be claiming for a much higher amount.

 

Hope this helps?

[NGEddie]

Thank you Ericsbrother!

 

Yes, the person I had the altercation with. Even if its a 'may' be my friend, you have no idea how nice it is to hear something positive!

 

I suffer with moderate to severe anxiety, so this is playing havoc with me at the moment.

 

Yes I did think if to get the report, the police took photos of the swelling on my face as well.

 

Many thanks again!

[NGEddie]

Hi again

 

I have found the letter I received is from this template so a standard CAB version, to the exact word.

 

What do you all think my next step should be?

 

Many thanks

 

E

[NGEddie]

Ok thanks, good point!

 

I am drafting something together from information I am collating.

 

The only two paragraphs amended in the CAB template I received were:

 

I have not received a reply to my letter dated xxxx regarding the request for payment following the damage that you caused to my vehicle.

 

I am once again requesting a payment of E600 to cover my excess cost to make the required repairs through my own insurers. Please note this is considerably less than if I were to claim the full amount of the damage caused.

 

Someone else said to me, why are his insurers/their solicitors not writing to me? and that no specific allegation has actually been made?

 

Once I send the reply, if, proceedings went ahead, is another letter supposed to be received by me with more specific POC etc...?

[NGEddie]

Can I please ask if weekends and Christmas day/Boxing day are counted in the 30 days with the LBA?

[NGEddie]

That feels quite harsh ericsbrother. I already said I appreciated, and I really do, all the advice you have given, which goes for everyone. I have acted on your advice and the reply is sent. To be honest my partner was concerned about the reply being received at this festive time and the repercussions which may follow, hence why I probably appear to be fretting over the dates and hadn’t done it sooner.

 

Yes, I agree with you, deluded is correct.

 

Try to understand, although I have some experience on here, part of me cant help feeling a little concerned when presented with an LBA in black and white and the aggravation which follows knowing what a small minded and pathetic individual I am dealing with!

[NGEddie]

Hope you all had a good festive break, and best wishes for 2019!

 

Well ericsbrother and all, I have received another letter...

 

Basically the same content, but providing me with 'evidence' of damage in the form of some photos, very close up with no time or dates. Also a letter from insurance about the excess costs etc... I can scan and post if needed? This gives me another 21 days to pay otherwise, threatens court action again as 'this evidence is enough to ensure recovery of £ through a civil claim'...

 

Interestingly, someone pointed out that if the insurance had been told the full story, it would be them writing to me on his behalf?

 

What are your thoughts please?

 

E!

[NGEddie]

Thank you Ethel Street

 

The insurance letter says 'following the recent conversation, they need to assess if the vehicle is repairable. Cksims team are validating claim' so am guessing hasn't told them about the incident.

 

Oh that's the other thing, the letter I received was recorded...but postman just posted it through the door! I checked royal mail and it says cannot give any information on it!

 

As I thought this might go away, I haven't obtained it no. Can I just ask at the station or does it have to be a SAR?

[NGEddie]

To update, I did an SAR yesterday.

 

Yes, the least the said better. It is tempting to go into detail as he claims the assault on me wasn't true, but I only have my word and the photo from the police when the nurse saw me. The same as he only has his word that I assaulted him, although that hasn't been mentioned, its just about the damage.

 

It actually turns out I have legal cover on my house insurance, spoke to them about this and they were of the opinion he probably hasn't told his insurance the whole story (otherwise they would have written to me) and also that he would be totally stupid to go ahead with a claim. They could write to him on my behalf and say they are going to speak to his insurance about exactly what's been said and to ask what the exact allegation is, as it keeps being avoided.

 

What are your thoughts please? I am quite happy to do this myself again if not.

[NGEddie]

Correct Ethel Street, I have already sent a recorded reply about a month ago along the lines of:

 

Refuting causing any damage, you have provided no evidence of damage, or that I was responsible. I maintain there was no negligence on my part but was the victim of an assault committed by yourself. Therefore, to issue proceedings would make a mockery of the justice system and be a complete waste of the court’s valuable time etc…

 

So now he has written back as per my previous post, same content, but with photos of damage, which could have happened anytime and anywhere!

 

To fill the picture so far ive had:

 

Hand delivered letter giving me 14 days to pay otherwise shall ‘seek other means’

Hand delivered LBA giving me 30 days

Hand delivered ‘reminder’ ½ way through the 30 days

Recorded (but just posted through the door by postman pat!) letter giving me now 21 days

 

Tempted to reply and add : Your actions have set in motion a series of events to bring us to where we are today – but very aware to keep it brief?

[NGEddie]

Thank you.

 

I shall go with this. Should I also add that I do intend to defend this at Court if needed?

[NGEddie]

Hi all

 

I am pleased to let you know I've heard no more.

 

Its eight weeks since my reply was delivered, although it took the idiot a week to go collect it from the post office as was not home. Meaning 7 weeks since its been read.

 

I want to say a big thanks to all who helped on this.

 

I made a donation a couple of weeks ago, which I would have regardless, as it is sites like this which make the difference.

 

Many thanks

 

E!

[NGEddie]

Hi all

 

Just when you think it's safe to go back in the water...

 

I got a letter (recorded but postman just posted it, so not signed for!) from the neighbor asking me to remove the fixings (4 screws and a bit of wire) from his fence within a mo

nth as I have no legal right and didn't ask permission and once this is done to not lean anything on his fence... Any damage caused is criminal and I would be liable for costs!

 

Thoughts please?!

 

Cheers

 

E

 

 

[NGEddie]

The front fence (neighbours) is/was falling apart so when my builder was doing work for me I asked him to fit one of those bamboo fence things to basically cover up the messy look. He did this and used four screws and some wire to hold it up, which he attached to the neighbors falling apart fence posts.

 

The fence was there before he moved in, the bamboo thing was added maybe two years ago? It is not heavy at all, so the only damage would be screw holes into a rotten fence.

 

I believe the reason for the letter is retaliation after getting four parking tickets for parking over my dropped kerb and a letter from environmental health after their officer was in our home for a hour listening to his music which was borderline abatement order.

Edited September 2, 2019 by NGEddie

[NGEddie]

Yes it is the same person.

 

I didn't want to start a new thread as is connected?

[NGEddie]

Really, civil claim for damages? is this one that a judge would groan about and wouldn't go anywhere?

 

At the end of the day I could just take the screws out and prop battens against it, but the person has caused so much aggravation I am loathed to! 

[NGEddie]

Correct, no absolute certainty as to who owns the actual fence whatsoever. It is all broken and messy hence why the bamboo thing seemed a quick fix to help it.

 

The parking it deliberate without a doubt. But really, who with any sense would get parking tickets…and still keep doing it?!

 

I shall get some photos yes!

 

The anti-social behaviour team are aware of all this going on and deciding how to deal with it, although I don’t really know how much good it would do!

 

Thanks for the advice, yet again!

[NGEddie]

8 hours ago, ericsbrother said:

I'm sure that this is just another attempt at trying to persuade you that he is right in all matters and would be treated as harassment if you were bothered to make a meal out of it.

If he parks on a dropped kerb it wont matter whose house it is in front of he will get a ticket but it could be read that he is deliberately parking in such a manner to cause a reaction.

 

I was thinking more about this, as yes it does feel like harassment.

 

1. Parking over our dropped (a couple of years but does it more now) to make it difficult getting in and out - had parking tickets and still does it

2. Playing loud music at random times - witnessed by env officer and warning letters sent

3. At rear of property there is a shared lane, he is at the end facing in and we all face along. Has concreted a bit outside his garage door and gone well into my part (doesn't really bother me but its wrong!)

4. On the broken front fence has previously moved panels so they stick into our garden.

5. The stupid letter about a few screws on the middle front fence.

 

All these things are like an immature teenager/kid/very pathetic idiot but can get to you if you let them.

 

What options would there be for me?

 

[NGEddie]

Hi all

 

Got this letter yesterday!

 

What are your thoughts please?

 

I may have some old photos showing the fence was there before the idiot moved in, but only a maybe!

 

Is it right someone can be instructed to do this?

 

Cheers

 

E!

[NGEddie]

I have removed the bamboo cover fence now. I had the council anti social behaviour officer and environmental health officer round at the time who witnessed it, for what good it'll do!

 

Yes, that's probably what I'll do, get my own fence fitted. 

 

Ok sorry. The rubbish (rubble) is in the lane behind the properties and is outside my garage, not affecting the idiot neighbour, which environmental health fly tipping officer agreed with, was reported by the neighbor just a few days after sending the first letter!

 

The parking is still happening and frustratingly the enforcement/ASB officer said he's likely appealed the tickets and had them deleted, hence why is carrying on doing it.

 

I've had a good look at the deeds now showing the boundary line in the lane and the idiot has definitely concreted a good 1/4 to 1/2 way into the part that is clearly mine. I just don't know how feasible and likely I could do anything about it?

 

Thanks for the support and advice.

 

E

Edited October 7, 2019 by NGEddie

[NGEddie]

Agreed, although they seem to want to give a nicey nicey approach instead of the, you keep parking, causing an obstruction and are getting tickets, also you keep playing loud music which has been witnessed by the environmental health officer, we are now going to do x,y, z!

 

 

[NGEddie]

Update. The ASB team have categorically said they want to send a letter to the idiot saying... you are upsetting your neighbor, please come in to talk about this, we need to tell you we have no power to do anything about this though... WTAF?

 

They also said my only option to stop idiot parking and obstructing our kerb is to park our other car outside idiots property because the car is now not obstructing enough to get a ticket and not breaking any law! Even though it's obviously being done to cause annoyance.

 

Just seems beyond belief!

[NGEddie]

Also now has 5 CCTV cameras which surely must be recording us, people in the street etc... As are pointed everywhere. Apparently the council have now power to do anything and there is no set number to have?!

[NGEddie]

Thanks HB

 

I called the line and ICO say limited powers and to call the police...who don't want to know