Help im being sued!

DCFC79

What a predicament and why on earth could the guy not have called the OP first or ring the front door bell

dane-katie

FIL isnt scared into giving money away easily, saying that he aint good at giving money away at any point :P

The solicitors have been informed the 6k is for the scarring he was left with, there was puncture wounds which i saw but he bit him and released didnt drag his arm or anything, so they must be small.

I just find it annoying bringing my FIL in to the matter when the dog was mine, id gladly go to court over this and contest it, if dog hadnt of bit him i would have battered him for walking in my house!

BlueAngelCV

As you FIL is the owner then any good solicitors would involve him.
The 1 thing you must not do though is ignore correspondence from his solicitors. I know it's tempting to do that then you think it a spurious claim but that will just cause more problems.
Have you checked your home insurance policy to see if you have legal cover? If so you should try & get this sorted ASAP.
Out of interest who as his solicitors? That may given some indication of whether they are just trying it on or likely to proceed.

Optimist

The question would seem to be, did you owe a duty of care to this person. Given he ignored all the warning signs and still entered your property I would suggest not. The general rule ever since Tomlinson v Congleton Borough Council 2003 is that people should take responsibility for their own actions.

That said you might be wise to take proper legal advice.

dane-katie

I am going to try and make an appointment with the CAB tomorrow, ive tried every solicitor in my area and they wont touch me or give me advice, TBH i know it wont go very far, especially if he annoys my FIL as he is ruthless and will get his own back, even if it takes years.

One bloke tried to rip him off, that bloke ended up in prison (the bloke did something illegal)

DVardysShadow

dane-katie wrote: »

I am going to try and make an appointment with the CAB tomorrow, ive tried every solicitor in my area and they wont touch me or give me advice, TBH i know it wont go very far, especially if he annoys my FIL as he is ruthless and will get his own back, even if it takes years.

One bloke tried to rip him off, that bloke ended up in prison (the bloke did something illegal)

Legal help line with your house insurance?

WhiteHorse

What is his explanation for (a) Entering onto your land, (b) parking his vehicle there, (c) trying to get into the house uninvited and (d) through the back door?

Crazy_Jamie

dane-katie wrote: »

Is it true he only has 3 years to claim?

So if he doesnt take me to court by May then nothing can be taken further?

Yes and no. The limitation period for personal injury claims is three years, so if this occurred in May 2008 then he will have until the same date in May this year to issue a claim. That said, it is not necessarily the case that he cannot do anything after this date. He can still issue a claim, and the Court does have discretion to disapply the limitation period, but in the current case the Court would likely be reluctant to exercise that discretion given that correspondence has already passed between the parties. So it's not the case that nothing can happen at all after May, but certainly your position becomes significantly stronger in May, to the point where you are probably out of the woods at that point.

BlueAngelCV wrote:

As you FIL is the owner then any good solicitors would involve him.
The 1 thing you must not do though is ignore correspondence from his solicitors. I know it's tempting to do that then you think it a spurious claim but that will just cause more problems.
Have you checked your home insurance policy to see if you have legal cover? If so you should try & get this sorted ASAP.
Out of interest who as his solicitors? That may given some indication of whether they are just trying it on or likely to proceed.

These are all solid points; take note of this post if you haven't already.

dmg24

Do you not have legal cover with your pet insurance?

balloo_2

dane-katie wrote: »

As for someone to get a ball from our garden WOW they must be a pretty good kicker.
1. they would have to be trespassing on the field to one side of our house.
2. kicked it over 3 barns.
3. kicked it through a set of woods.
4. kicked it from an industrial estate past my paddock to my house

I live on a non working farm so there is land all around my house, but fencing securing it in.

Ahh Now you tell me didn't know that

vyle wrote: »

To be fair, illiterates aren't retards. Surely they'd know it isn't their house and should not try entering the land without knocking on the front door first?

And children should know better than to tresspass. I did when I was young. When I was 5 I was too paranoid to go into my neighbour's back garden for my ball even when they had said "if it ever goes over the fence, feel free to get it back" but I always checked, just to be sure.

You and me might have checked but lots of other children would have just climbed in to get whatever I have caught a few in my garden after thier ball. Dont get me wrong I have lost loads of items that have been taken from my garden Kids Bikes BMX Scooters Plants from the Greenhouse, Heaters. I have a 6ft wall and the first time the Police came and I said that i was going to cement broken bottles into the top of the wall and he said If anyone gets hurt they can sue you even tho they were breaking in to steal my property, I am not on the side of the guy who tresspassed I was just trying to get a point over at what a solicitor would say. Sorry Keep my Mouth shut time again!