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My Nightmare Neighbour! Where do I stand re obligations legally???
Comments
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She was angry because of the way you were behaving. You flooded her house with water on more than one occasion yet you say "it was in her interests to behave in a civilized manner" when you clearly had NO INTENTION of rectifying the damage - so of course she is angry. I don't believe that if she'd been polite to you that you would have rectified the problem and clearly neither does she. You clearly don't care about what you have done. Are you are just one of those people who refuse to take any responsiblily for anything? It's not my fault it's the previous owners fault that I have a faulty boiler, leaky plumbing, etc It's not my fault it's the insurance companies problem. It is your fault and your responsibilty.
No, no and no.
It is not up to the OP to give money to this woman.
She needs to go through her insurance company.
If they then chose to sue the OP, then all well and good.
And she needs to keep a civil tongue in her head.
You can't go round swearing at people and harassing them. No matter how angry you are. If she carries on being abusive like this then she could land herself in trouble."One day I realised that when you are lying in your grave, it's no good saying, "I was too shy, too frightened."
Because by then you've blown your chances. That's it."0 -
She was angry because of the way you were behaving. You flooded her house with water on more than one occasion yet you say "it was in her interests to behave in a civilized manner" when you clearly had NO INTENTION of rectifying the damage - so of course she is angry. I don't believe that if she'd been polite to you that you would have rectified the problem and clearly neither does she. You clearly don't care about what you have done. Are you are just one of those people who refuse to take any responsiblily for anything? It's not my fault it's the previous owners fault that I have a faulty boiler, leaky plumbing, etc It's not my fault it's the insurance companies problem. It is your fault and your responsibilty.
In the end you can bury your head in the sand but this will become a bigger problem for you in the long term when you lose thousands because of your refusal to pay for a few hundred pounds.
If you can't speak to your neighbour face to face then you should communicate with her in writing. If she decides to take you to a small claims court for the damage you have done to her property repeatedly how do you think a magistrate would respond?
You are so wrong, Jackblack.
Op has fulfilled his legal obligations. A magistrate or Judge would throw it out. The neighbour has no grounds to persue a claim through the courts. OP has mitigated the loss and damage. He has not been negligent.I love giving home made gifts, which one of my children would you like?
:A 0 -
Yes yes yes!
The OP has damaged someone's property and can be taken to the small claims court and sued. How do we know this woman has insurance? How do we know she is covered for the damage the op has caused?
Do you think a magistrate will believe that the OP wasn't abusive?
You can't tell the OP it's OK to do nothing and ignore what he/she has done. It clearly isn't 'cos he/she could end up in a county court. The OP should seek advice from the Citizen Advice Bureau. If necessary they might provide a mediation service betwen the two parties.
If she has no insurance, then more fool her. However, she could always represent herself in claiming against OPs house insurance.
Most people, me included have advised OP to inform his insurer, I would certainly not recommend he do nothing.
As has been mentioned several times, the OP is not legally liable, he has not been negligent. I know I have worked in the insurance business for a long long time.I love giving home made gifts, which one of my children would you like? :A 0 -
How has the OP fulfilled his obligations? How has he/she mitigated the loss or damage? How has he/she not been negligent?
Edit since we obviously disagree over whether the OP could end up in court then I think the OP would be best advised to seek advice from a CAB solicitor. The OP probably shouldn't use the internet to try to solve his/her problem on this occasion.
Hi Jack Black. You clearly are angry about this situation. The Neigbour does have insurance and CAN claim but refuses to.
I was not abusive to the neighbour as I personally do not think anything can be achieved in a situation like this if it involves hostility. Neighbour is very emotionally erratic and has tried to use intimidation to avoid contacting her insurance co. She is late 30's female. I'm 26 year old female. I am being bullied. If she wanted to claim through her insurance co and they told me that I was liable - i would use my inurance to pay out. Thats what it's there for at the end of the day
I don't know the extent of the damage so her insurance co should send over someone to assess. If I cash out, not only do I admit liability, I leave myself open to any further payments if Neighbour is not happy about workmanship or the "handyman"not doing the correct job. Insurance co will ensure the issue is corrected and address my liability within legal means without intimidation.
I have spoken to the Freeholder and the Insurance co regarding this. They are aware of leaks and action taken. Mitigating the loss/damage means acting to stop leaks and taking appropriate steps to ensure no leaks occur/re-occur.
I am not here to ignore what I have "done". My appliances leaked - I didnt leave taps on etc.. I have insurance. Am more than happy to pay out via insurance. Not happy about being bullied by someone bigger who is physically intimidating me.
JACKBLACK. You clearly think its ok to intimidate someone in these circumstances.0 -
How has the OP fulfilled his obligations? How has he/she mitigated the loss or damage? How has he/she not been negligent?
Edit since we obviously disagree over whether the OP could end up in court then I think the OP would be best advised to seek advice from a CAB solicitor. The OP probably shouldn't use the internet to try to solve his/her problem on this occasion.
That would be her obligations.
She gave the neigbour a vouluntary contribution towards paint and remedied any leaks.
How was she negligent, proof needed, not wild accusations.The truth may be out there, but the lies are inside your head. Terry Pratchett
http.thisisnotalink.cöm0 -
I I know I have worked in the insurance business for a long long time.
If you have worked in insurance for a long time, how do you think the OP's neighbour's insurer will react to a third claim for water damage? Do you think they would ask qustions about the OPs negligence..I only ask as I don't know?What do we do when we fall? We get up, dust ourselves off and start walking in the right direction again. Perhaps when we fall, it is easy to forget there are people along the way who help us stand and walk with us as we get back on track.0 -
adouglasmhor wrote: »That would be her obligations.
She gave the neigbour a vouluntary contribution towards paint and remedied any leaks.
How was she negligent, proof needed, not wild accusations.
She hasn't repaired the damage has she? Or have I mis-read?
Imho I'd pay up, just for a quiet life. It can't be worth having someone stalking you in this way. In the end your flat mate will probably leave - think of all the lost rent:o.What do we do when we fall? We get up, dust ourselves off and start walking in the right direction again. Perhaps when we fall, it is easy to forget there are people along the way who help us stand and walk with us as we get back on track.0 -
If you have worked in insurance for a long time, how do you think the OP's neighbour's insurer will react to a third claim for water damage? Do you think they would ask qustions about the OPs negligence..I only ask as I don't know?
You have asked a valid question. There is a simple answer.
Basically if all the three claims had arisen through the same appliance/boiler/pipe leaking, then the insurer may impose conditions such as increasing the excess. It is unlikely to affect the premium.
HOWEVER in this instances the 3 lots of water leakage were from 3 different sources. It was simply bad luck and the insurer would not impose terms on the policy at all. So now you know. I love giving home made gifts, which one of my children would you like? :A 0 -
I would like to know the qualifications you hold for expressing such an opinion? Your advice is wrong - an insurance company would not pay out for three such leaks.
FYI I hold several professional General Insurance qualifications, and have worked in the insurance industry for over 15 years. How about you?
And yes the insurer would pay out for 3 claims resulting from 3 different leaks. So pop down off your high horse.I love giving home made gifts, which one of my children would you like? :A 0
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