Help im being sued!

dane-katie

Sorry if this is in the wrong place

Long story!

May 2008, a man (who we know of) drove up our drive, opened our double gates which were shut (also had signs on saying "dogs running free" x 4, 2 on each gate)
Parked his car at one end of my bungalow, and walked all the way around to the back door (utility) as he was walking around my 2 dogs (GSD cross and Rottie cross) where barking at him, i heard the noise and the man tried to walk in to my utility room (door was open) and my GSD cross bit him on the arm. The man shouted "argh" and my GSD walked off, i brought the man in to the kitchen and saw the puncture wounds, got a tea towel etc and helped him, while my OH put the dogs in the outside pen.
I offered to take the man to hospital, or get an ambulance etc he refused, got in his car and disappeared.

2 weeks later, he arrived again, unannouced, again through the closed gates(!) threatening us, saying that our dogs was dangerous and should be put down etc what if it had been children etc etc saying he was going to contact the police.

To which our reply was, on the day it happened we rang the police within 30 minutes of it happening to let them know, and if they wanted to visit our dog, the police was happy with what happened and said they wasnt going to take it further (so if he had been dangerous, wouldnt they have come out?)

Anyways he tried suing us, we got letters off the solicitor saying they are going to take me and my partner to court, they also got hold of the land owner (who is my FIL) saying they where going to sue him as he owns the land (but has nothing to do with the dog or our house, just rents it to us) we ignored it and eventually FIL solicitor wrote to them telling them not to involve him as he has nothing to do with it and that me and OH have no money (i had just gone bankrupt)

So we hear nothing for ages, and now suddenly a new solicitor has taken it on, ordering FIL to pay 6k, which he refuses as its not his dog he just owns the house and land, they wont write to me as they know i have no money.

How do i get this off my FIL back, its nothing to do with him and they have only wrote to him as they know he has some money.

Its my dog, on my rented property and land!
So why do they want to sue the land owner! ARGH please help!

dane-katie

I would rather it go to court in my name and no other, seems stupid how they can sue someone else even though they had nothing to do with the dog.

I do remember them asking for my home insurance or pet insurance details, but i never had either at the time.

wilykit

Why was he coming to your house in the first place?
x

dane-katie

The is a model flying club at the end of the field next to our house, which FIL owns the field, i have been down and spoke to this man who runs it and said he is not allowed on the land to collect fallen model aeroplanes without first asking (so either we collect it or they do depending on the crop) in which i gave him my mobile number, he never rang my mobile just turned up to my house, and then the above happened.

hippyadam

Unless they have a judgement the solicitors are just fishing for cash...

If you know a friendly brief ask if they will write a letter on your behalf, failing that i'd be tempted to write to the solicitor stating the claimant was trespassing on private property and had no right to enter. State that any and all claim arising from this incident will be vigorously contested and that you will issue a counter claim on the basis that the claimant is a vexatious litigant Linky here....

"Vexatious litigants bring legal proceedings for the purpose of annoying the defendant and are characterised by an absence of a reasonable prospect of success"

But then i'm very grumpy and would quite happily fight a muppet like this just for laughs... Please note the above should in no way be considered legal advice!!!

Torby

wilykit wrote: »

Why was he coming to your house in the first place?
x

wondered that myself...was he a burglar or tresspasser?

oops....just seen posts above...tresspasser ( who cant read then )

dane-katie

We always advise anyone including the man to ring as we have dogs who play in the garden.

Hintza

wilykit wrote: »

Why was he coming to your house in the first place?
x

Good question. I would ignore his letters to yourFIL has nothing to do with him.

bingo_bango

Really sounds as if he is rtying it on.

Wilykit asks a relevant question as his coming onto your land uninvited may be viewed as trespass if he didn't have a valid reason for doing so.

If so, then the question is did you take reasonable precautions? Did you have forethought of the consequences of allowing your dogs to run free on the property? These are the sorts of questions that the solicitor is thinking about as he seeks damages for an action in tort.

I think he is grasping at straws in tackling the landowner, as he wouldn't necessarily know that you allow the dogs out, and therefore could not reasonably be expected to take any mitigating action to nullify the threat they (allegedly) posed. Actions in tort require that element to be successful, so I would be telling the solicitor to take it to court and await the outcome. I suspect there is no case to answer.

themull1

What happens if the postman comes in? have the dogs bitten anyone before?

hippyadam

themull1 wrote: »

What happens if the postman comes in? have the dogs bitten anyone before?

I imagine the postman uses the letterbox on the front door, and doesnt open the side gates and attempt to enter the house via the utility room tbh....