Neighbour's Wheelie Bin Damaged my Car

MercOwner

I don't think anyone on here is a solicitor. I can see it's not worth seeing one over this, but I think they've been pretty intransigent and their letter is pretty dismissive and arrogant, so my plan is to make a small claim and see what they do then.

dacouch

MercOwner wrote: »

I don't think anyone on here is a solicitor. I can see it's not worth seeing one over this, but I think they've been pretty intransigent and their letter is pretty dismissive and arrogant, so my plan is to make a small claim and see what they do then.

Keep us updated.

ta

missile

MercOwner wrote: »

I don't think anyone on here is a solicitor. I can see it's not worth seeing one over this, but I think they've been pretty intransigent and their letter is pretty dismissive and arrogant, so my plan is to make a small claim and see what they do then.

If your neighbour is reading this thread, they will know exactly how to respond<LOL>

magpiecottage

undaunted wrote: »

If it's not on a letterhead it probably isn't (officially?) written by a solicitor at all - it's not like a bright person couldn't google for such information.

Or talk to a law helpline (most household insurance policies include one even if they do not have one.

You just have to decide whether to chalk it down to experience or take a punt on making & winning a small claim for negligence.

Which, because you will then need to disclose it when you sell your home (assuming you own it) is likely to knock a lot more than £600 off the price.

They then have to respond to it officially (if they do you'll possibly have to go to a preliminary hearing - where I reckon each of you would likely be encouraged to mediate - which wont cost you anything & the courts a lot less) if they didn't defend it at all you'd probably get judgement by default.

Since they responded so comprehensively to the initial demand, it seems unlikey that they would not respond to the court.

undaunted

There's no serious reason to believe that you should not take up your legal rights in a dispute with a neighbour or that a dispute with this neighbour will knock much if anything off the price - Mercowner may not sell for years, neighbours may move before he / she does. He may win case etc etc

Whilst I agree they may well respond, so what. We don't know that it was a comprehensive response. If they respond it will go somewhere - either mediation, claim or defence is struck out, hearing whatever. Lots could happen before they had to worry about a hearing

dmliverpool

Claim on your own insurance, then build a bug brick wall.

MercOwner

What are the rules about declaring a dispute on a sale? Would I have to even if I won? Surely not, as then I would have been right to bring the case?

Skint_yet_Again

Just a few hits from websearch below - advice incudes not to get into a dispute with your neighbours and not to put anything in writing and everything must be declared when selling which will probably de-value your property


http://www.leonkaye.co.uk/declaring-problems-with-the-neighbours-when-selling-your-property/

http://www.telegraph.co.uk/finance/personalfinance/6719303/Almost-100000-home-owners-move-due-to-neighbour-disputes.html

http://www.theguardian.com/money/2002/nov/17/movinghouse.property1

Parking_Trouble

About 12 years ago I was looking out of my window and I saw a neighbour's child trying to do a wheelie on their bike. He lost control and it looked like the handlebars landed on the wing of my car.

Lo and behold when I went to look there was a dent in the wing exactly where I thought he had landed. Another neighbour's kid confirmed the other boy had indeed damaged my car.

I knocked on their door, spoke to the Mum who called his child to the door to ask if he had done it. His words were that "it was an accident".

And indeed it was.

Mum said come back later to speak to her husband, which I did.

He looked at the damage and started denying his son could have done it.
I suggested he talk to his sons friend across the road to get an independent view. He refused.

I conceded that I only wanted him to pay my £150 excess. I would have probably been out of pocket anyway even with protected no claims (I naively assumed it wouldn't affect my future policies)

The guy offered me half the excess. Surely an admission he knew the truth? Out of principle I refused, claimed on my insurance and paid the excess myself.

I vowed never to acknowledge their existence from that point on and in the early years was plotting revenge (which I never carried out but came up with some good ideas).

I haven't spoken to them in that 12 years and totally ignored them.

2 weeks ago their son (an only child) died in tragic circumstances and his funeral was on Friday. I feel totally and utterly gutted for them. My street seems jinxed. A little while ago another neighbour lost both their sons in a car crash.

!!!! happens in life but you have to put it into context and move on. Far worse things happen than a bin denting your car. It can be repaired.

My advice to the OP is let it go, claim off your own insurance and assuming you got on with your neighbours before, maintain a good friendly relationship with them. You only get one life.

Quentin

MercOwner wrote: »

What are the rules about declaring a dispute on a sale? Would I have to even if I won? Surely not, as then I would have been right to bring the case?

You were alerted to this as long ago as #30, dated May 18th!!. People have tried to stop you causing problems for yourselves, though you chose to ignore the sound advice given to you originally


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