Can i take my neighbour to a small claims court?

waamo

AndyMc..... wrote: »

Read the OP.

Easier said than done.

mac.d

Some paragraphs added to the original post just to make it readable. And FWIW, I'd agree with Aylesbury Duck, probably just best to live your life and ignore your neighbour as much as possible, certainly in terms of taking them to court to cover the loss of your iPod. Buy a cheap used dictaphone and use that for recording any abuse, and keep it in case you need to contact the police again, but leave it at that. Life is too short to waste your time and energy on dealing with what sounds like a horrible neighbour, so just concentrate on having as little to do with them as possible and enjoy what time you have left with your elderly Mum.

ckes101 wrote: »

I have been involved in an ongoing neighbour dispute for the past 4 years. We have been subject to constant ongoing abuse etc. This has resulted in my 40 year old neighbour being taken to court in February by the police and found guilty of harassment against myself and my 86 year old mother (for whom I care for).

I submitted audio recording of my neighbour verbally abusing myself and my mum to the police. During the court case I was asked by the CPS solicitor how I obtained the audio recordings to which I replied that I place my iPod by the dividing fence on my side of the property.

After the case was over the CPS solicitor told me that if I received any more abuse from my neighbour to carry on recording and call the police again. Sure enough a few days after the court case he started shouting obscenities at me over the fence. I placed my recording device in the same place and went back into my house. Later when I went outside to retrieve my recording device it had gone. I have CCTV installed so checked back and sure enough I saw my neighbour hanging over my fence stealing my iPod (he obviously heard me in court when I told the court how and where I placed my recording device.)

So I phoned the police and gave them the CCTV footage. About a week later I was contacted by the police who informed me that my neighbour had admitted taking my iPod. But as my neighbour also lives with his mother she told the police it was all her idea to steal it. So the police are going to give her a police caution and take no action against him. Asked where my iPod was they both told the police they had thrown it in the river. I asked the police how I go about getting compensation or a replacement only to be told as they were giving a caution to my neighbours mum I would have to take in on the chin and lose the iPod.

I think this is totally wrong. I have irrefutable CCTV evidence of my neighbour stealing my property and also admittance by both of them that they did it. My question is this.....can I claim for compensation/new iPod at a small claims court? Or is there another way I should do this. Or should I just accept what the police are saying and "take it on the chin". I know that it's a low value item (about £100-£130) and not the crime of the century but it's the principle of it all. Anyways any advice would be greatly appreciated. Thank you.

Poison877

I appreciate having someone damaging something that belongs to you is infuriating regardless of the value of the item and how You want justice.
Although more than focusing on the iPod which is just a consequence, an incidental situation I would focus more on the roots of this dispute and whether it can be fixed/resolved at all.

I have been involved in neighbors disputes in the past and to be fair it's not a good thing to experience to have so much drama in the only place where You are supposed to relax.

However ,

Given he has continued shouting obscenities at You and harassing You even after You have taken him to court, I can't see how dragging him to court again can make any changes to the situation, and even if the small court was to order him to pay for your iPod, to actually get the money from him will be the real challenge (You'd probably have to take him to court again for that).

I think it would be very interesting to learn what triggered these long-lasting arguments?
Would You like to tell us ? ( Even briefly )

steampowered

Yes, you can absolutely take your neighbour to small claims court for damaging the ipod.

You can include in the same claim a case for compensation under The Protection From Harassment Act 1997.

It is all very easy to do, and very effective - given that you can ultimately send bailiffs round to his house to collect the court's judgment if he does not pay.

Whether taking him to court is a sensible thing to do is up to you really.