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No Damage Yet They Are Taking Me To Court


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I am hoping somebody can help me please. Recently my handbrake failed on my car and it managed to somehow make its way into my neighbours property narrowly missing his car and his house. It did however drive down his grass hitting a tree and stopping after hitting his step.

 

The police arrived whereby a tow truck was used 2 remove it from his property. The police officer stated that there was no damage done apart from some mud had been kicked up and a plant pot had been cracked. (A wooden one at that).

 

Anyway I thought that would be the end up of however Northern Rock sent me a letter wanting... wait for it..£300.

 

They asked a tiler to come out to price the job for removing the tiles from his kerb which I had hit and which were and are still perfectly in tact PLUS for the lost compost. Futhermore, for a conifer tree AND to remove all branches from a cherry tree lol ? dont know why that came into the price.

 

Anyway I told them basically to leave me alone and stop being silly however they stated it is going to be done through the courts. I have pictures to prove there was no damage and offered £10 for the plant pot. Also the policeman stated he would stand up in court to state that their was no damage.

 

Somebody please help me on my position.

 

Regards

Craig

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I think I would get a price for a conifer tree, the plant pot and a bag of compost in writing and offer them that amount as a "sorry". If they refuse at least you can show the court a reasonable offer has been made. I am sure some mods will be along in a mo, but just wondering wouldn't your car insurance cover any claim/legal fees if you are forced to go to court?

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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Logic goes out the window when Insurers are involved. Hopefully you're not going to fall out with your neighbours over it - as clearly you could not have foreseen what was happening. Approach the neighbours and say their insurance co is being unreasonable, and you are more than happy to recompense them for any actual loss privately.

 

Alternatively, you could pass it to your vehicle insurers to sort out, but that might affect your NCD.

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Guest express

I would have thought that the OP's vehicle insurance would be invalidated due to the fact that the car was obviously not kept in a roadworthy condition (handbrake failure?). Just a thought...

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Well My car insurers (Admiral) are not accepting any liability due to it being a mechanical fault. However I later found out the handbreak did not snap and it was caused by the breaks heating up or something weird like that.

 

My neighbour is 1> an idiot and no 1 likes in my culdysak 2> a lawyer lol

 

Honestly I cant believe how unreal it is. they replanted the conifer tree which was not that bad and placed new compo down through a private contractor. I told them they are not going to win if they take me to court. What is everybody's thoughts on this £300. Its unbelievable

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If they had to replant the conifer, surely there was more damage done than just a plant pot? Also you state it "was not that bad" which is not the same as being undamaged.

 

Did your car hit the conifer or the cherry tree?

 

If you have photographs of the undamaged trees and the undamaged tiles, plus a police officer who is willing to state that he observed no damage at the time, then your position is strong if you do go to court.

 

If your car insurance is resisting the claim (I don't know much about car ins and whether they are right to resist the claim) then do you have legal expenses cover attached to your house insurance? Often this provides for an initial telephone consultation so you can get an idea of whether you are likely to win in court.

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They had to replant the conifor because as the car was going towards the house it hit the conifor tree however for the luv of god its a damn connifor tree worth £5 max.

 

"Not that much damage done" When stating this I mean to the connifor tree. I am sure the cherry tree is in the back garden so I am sure the contractor carried out this work due to it being needed done anyway and charged it to myself lol.

 

Anyway yeah, I aint paying £300 for a connifor tree and a broken plant pot. This is why Britain is such a dumb place to live at times. People get off for rape etc whereas I am getting taken to court for damaging a £5 conifor tree, £5 plant pot and some loose compost. No wonder I want to move away from degenerates that have nothing better to do but complain.

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No wonder I want to move away from degenerates that have nothing better to do but complain.

 

Just playing devils advocate... if the situation had been reversed (no pun intended!) and the neighbours car had rolled into your garden (narrowly missing your house) damaging a conifer and plant pot (and pursumably contents of said plant pot?) would you not "complain" just a little, I would imagine most people would. Is it possible that when your car hit the step it losened the tiles? even though this wouldnt be apparent until later?

 

I agree that £300 seems excesive, but i do think they are correct to ask you to contribute a little. Try and not let it go to court and make a reasonable offer yourself?

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Ok to let you realise something about my neighbour. He bought a thai bride back from a holiday that then cheated on him, stole half his money and owns a thai restaurant down the street from us at his expense! He is a bitter twisted man that slammed the door in my face when I apologised and offered money.

 

Furthermore before this he slammed his door on my hand which caused the police to get involved. The whole neighbourhood is his enemy. I honestly could not have picked a worse person to do it to.

 

Any in response to your question. If somebody's car went into my house It's not their fault is it? I did not drive the car into it ****ed drunk..merely a extremely unlucky event happened.

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Oviously more to this than meets the eye. Thanks for the Thai bride story, while completley irrelvant it was a little entertaining.

 

I would disagree that if someones car went into my house it would not be their fault!, obviously a maintanance issue or some such, its certainly not your neighbors fault is it?

 

If it does go to court I am pretty sure you would end up paying something, so why not get it over with now?

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Also the policeman stated he would stand up in court to state that their was no damage.

would he be willing to put that in writing?

If he does, I think on presentation of the statement to your neighbour and their insurance company the problem will go away.

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I would love to pay out of court however as I say he does not want to! :( The storey unfolds again when I had just got my handbreak fixed two weeks prior to it happening.

 

The problem is that the claim is with his insurance company so I cant make them an offer because they want the full amount:(

 

I just want this nightmare over

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Anyway yeah, I aint paying £300 for a connifor tree and a broken plant pot. This is why Britain is such a dumb place to live at times. People get off for rape etc whereas I am getting taken to court for damaging a £5 conifor tree, £5 plant pot and some loose compost. No wonder I want to move away from degenerates that have nothing better to do but complain.

I understood from your previous posts that the £300 included alleged damage to some tiles. If you have photos plus the policeman's evidence that these were undamaged, you may win on this point in court and have to pay out less. I think you have to accept that you will have to pay out something to your neighbour, as there was some damage to the tree and the pot.

 

Does the £300 also include the cost of the tow truck, or have you paid this separately?

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If a policeman at the scene will testify there was no damage, and you have pictures then I can't see you have any problems.

you say you had the handbrake done a couple of weeks before?

Then the car was properly maintained. The garage that did the work might be liable.

Well My car insurers (Admiral) are not accepting any liability due to it being a mechanical fault

also, why is your insurer washing their hands?

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People have said I could sue the garage but they have done a lot of good work in the past for me. Also it is weird that my insurers have not wanted to have anything to do with it it!

 

I know I will have to pay something but as I keep explaining. A plant pot and conifor cost pennies

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You have a policeman willing to stand up in court and say that you did no damage? And you're still worried?

 

If I were you i'd be looking forward to the court date so you can make the judge ****ed off for time wasting, and you'll get to see your neighbours face when he loses and gets told to pay costs!

Up The Mariners

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I would write a letter to the OP offering to replace the conifer and plant pot, that way it will show the court that you have attempted to settle the matter.

ALong with the Policemans statement as well, should seal the matter for you.

If the police were called, it will be logged and a reference given. This log would have to be updated with the officers outcome of the situtation along with any damage caused. This will be good for you if the officer saw no real damage

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People have said I could sue the garage but they have done a lot of good work in the past for me. Also it is weird that my insurers have not wanted to have anything to do with it it!

 

I know I will have to pay something but as I keep explaining. A plant pot and conifor cost pennies

Do you have a breakdown of the £300 being claimed from you?

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Breakdown. £150 for re-tiling the front kerb

£100 to replace connifor tree, place compost down and remove cherry tree branches.

 

I phoned the company asked to quote to re-tile job and they told me that they were asked to give a price on doing the job but told me it did not even look like it needed done. However at the end of the day a company is not going to turn down work!

 

Also £50 for his excess they want me to pay

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Who paid the contractors the insurance company direct or did the neighbor get the money from the insurance company and pay the contractors.

I would want to see the invoices from the contractors explaining the work carried out the time taken the hourly rate the VAT paid if any.

I would contact any trade associations which the contractors belong to

make sure the rate charged for the job was correct.

If the amount claimed can be substantiated well then thats it however

if the amount claimed is in excessive (the job could be done for £110)

I would suggest that some one may be obtaining money under false pretentious and by using inflated invoices gaining a pecuniary advantage

which is fraud (£100 for the job and the rest is mine)

Should you have to pay £300 then I would request that the damaged goods are returned to you.

I would watch my neighbor very closely check his car tax just in case

bald tyres excessive noise children not attending school make inquiries to the law society to make sure he really is registered .

You are only making inquiries for the benefit of others.

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Ok just to update. I was going into my house last night when my neighbour smiled and laughed at me.. I could not understand why until I noticed that his kerb had been re-done. Luckily I have taken pictures of his kerb before hand. I feel like he is doing it to get me back over previous arguments because in the pictures the kerb is fine. Is there any way I can upload pics to show you guys..?

 

Maximum I would pay is £20.

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if i were you I would get in touch with the policeman and ask him to give a written statement about damage and then send a letter to the lawyers with said statement and also with a good will gesture of a reasonable amount for tree and compost and include the cheque for it and saying on the letter that the cheque if cashed is used as final settlement

 

 

personally I would offer £20 and if they send back cheque of offer then i would go to court

 

 

I am no by any means ans expert but a bit common sense is all i have !

 

 

Idax

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Northern Rock have a duty to justify that it is not an exagerated claim. Get the policeman to release a copy of his notes at the time of the incident and anything extra he is willing to add. Check out your own house/car insurance or union to see if you are entitled to free legal advice (sometimes you are even if not making an actual claim).

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