Lying on SPIF

n_s_simpson

Hi


We bought a house and the sellers said there had never been any neighbour disputes.


We moved in and found that our neighbour has mental health issues and had notes through the door, our side gate taken down, etc, etc.


Ended up having the police go round to have a word (which means when we sell we'll now struggle because we'll have to complete the SPIF correctly). They confirmed that they were aware of the ongoing issues with her and the local community support officers kept a close eye on her.


We then were told by our other neighbours that the old owners had sold up because of her. They had paint thrown onto their car (some of which is still on our brickwork), caught her on camera dancing naked outside the house, etc.


I then found out that lying on the SPIF is illegal so thought I'd take the old owners to court because of the whole saga (which fortunately seems to have now died down). My house insurance legal cover meant I could take this up with a solicitor but they never seem to get anywhere.


The latest thing is that we're not covered for the cost of getting the courts to disclose the information they hold relating to the issues between the old owners and our neighbour. The solicitor says that if our neighbours write a letter confirming that they are aware of the issues then they'll accept that and will then push forwards but my neighbours don't want to get involved.


Surely my solicitor is wrong.


Can anyone help?


Cheers


Nick

dancingfairy

I don't know but you are paying your solicitor (alebit indirectly through the insurance). If you are doubting what they are saying maybe you need to get a different solicitor?
I guess you have to prove beyond reasonable doubt that the vendors lied (which may be very difficult without your neighbours co-operating). Also do you have to demonstrate a loss at all (I'm just wondering how you would quantify it).
Ask your solicitor why they think it is vital to have evidence from your neighbours and what they suggest to get round the problem.
df
edit: it also sounds horrendous and very stressful

Iwantabighouse

I would persevere. Think about the questions in the SPIF. It asks "are you aware of anything which might result in a dispute?" You need to show that the vendor was aware. Send an email to the local police to confirm they knew of the issue if the neighbour doesn't want to write a statement.

Then find a surveyor who can give you the value with and without the neighbours.

It happens every day, some people take action and some don't. I would.

KMMT

If this would be heard in a civil court it would not have to be proved beyond all resonable doubt. It would only need to be 'on the balance of probability'. In other words, if it's likely to of happened & the judge believes that than it will go in your favour. Civil courts are much different to criminal courts, whereby it has to be 'beyond all resonable doubt', which means if anyone is not 100% certain than in the eyes of the law it did not happen.

zarf2007

KMMT wrote: »

If this would be heard in a civil court it would not have to be proved beyond all resonable doubt. It would only need to be 'on the balance of probability'. In other words, if it's likely to of happened & the judge believes that than it will go in your favour. Civil courts are much different to criminal courts, whereby it has to be 'beyond all resonable doubt', which means if anyone is not 100% certain than in the eyes of the law it did not happen.

it still shows the SPIF system as bit of a farce though, whats the point in having it if its too difficult and expensive to enforce? its all very well quoting legal action etc if people lie on these things but who has to the time and money to pursue it and what if the vendor who sold then claims they are broke.....

KMMT

zarf2007 wrote: »

it still shows the SPIF system as bit of a farce though, whats the point in having it if its too difficult and expensive to enforce? its all very well quoting legal action etc if people lie on these things but who has to the time and money to pursue it and what if the vendor who sold then claims they are broke.....

I'm making no comment on the SPIF, just stating that the criminal & civil courts work differently as someone previously said she would have to prove it beyond all resonable doubt. I am not quoting any legal action. The person says she wishes to pursue it, I'm not saying they should or should not

zarf2007

KMMT wrote: »

I'm making no comment on the SPIF, just stating that the criminal & civil courts work differently as someone previously said she would have to prove it beyond all resonable doubt. I am not quoting any legal action. The person says she wishes to pursue it, I'm not saying they should or should not

ok ok disclaimer duly noted, now wind your neck in!

n_s_simpson

Thanks for all your comments. Since sending the police round which coincided with when she got with a fella she seems to be grounded. She's actually offered to attest to the disputes she had with the last neighbours silly as that sounds. As long as she stays with this new bloke we might get some peace but I'm really annoyed that the old neighbours lied. I even remember asking them about the neighbours and they told me that the woman next door was a retired recluse and we'll never see or hear from her!

It's silly that i have to prove that i have a case before they'll take it on. What's the point of me paying for legal protection cos surely any firm would take on a case on a no win no fee basis if they knew they would win. It's all wrong.

princeofpounds

Why is it silly that you have to prove some evidential basis before they will take a case? You will have to do so in court. Neither the insurance company nor the solicitor want to waste time if you yourself are lying.

If you were employing the solicitor yourself you could instruct them to do whatever you like (subject to their own reputational limits), as long as you paid the bill.

I suspect you will find that the neighbours are not the only evidence that might be acceptable. Council records, police records, other witnesses etc.

Eejay

I'd still pursue it. Even if the neighbour never troubles you again, it's not her you'd be taking to court - she could become your best friend but the seller still lied to you! I'd try harder to get some evidence - do the police not have records of the paint on the car etc?

ognum

Eejay wrote: »

I'd still pursue it. Even if the neighbour never troubles you again, it's not her you'd be taking to court - she could become your best friend but the seller still lied to you! I'd try harder to get some evidence - do the police not have records of the paint on the car etc?

OP you clearly have every right to peruse this but like very issue in life you need to balance the stress and hassle with the favoured outcome.

What outcome are you looking for, apology, monetary compensation or something else?

How likely are you to get these things and at what cost to your wallet and to your mental health?

Take a bit of time to look at adjudication on issues like this, have half an hour free with a solicitor to get some idea if you will win and what the benefit would be if you did.

Think carefully, these actions can run on and on, take all your thoughts and the return is negligible, sometimes it's better to move on!