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Noise complaint from neighbour who assaulted me

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  • Smodlet
    Smodlet Posts: 6,976 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 27 January 2020 at 6:30PM
    I would love to know what your job actually is, NewShadow; it sounds fascinating. The way you come across about drafting laws for a living makes me think you are in the House of Lords or something! Given your other thread about buying the house in Wales, I think I may have that wrong...
  • NewShadow
    NewShadow Posts: 6,858 Forumite
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    Smodlet wrote: »
    I would love to know what your job actually is, NewShadow; it sounds fascinating. The way you come across about drafting laws for a living makes me think you are in the House of Lords or something! Given your other thread about buying the house in Wales, I think I may have that wrong...

    According to many, obstructing democracy and wasting tax payers money - or is that only my mother? ;)

    Fascinating is a synonym for tedious and pedantic, yes?

    The Welsh Government has been a devolved legislature - a body capable of enacting primary legislation - since 2006. No need to be in Westmonster...

    For more off topic information on how Laws can be made in places other than Westmonster... link

    In my case, the house purchase/relocation to North Wales actually coincide with stepping away from legislation - It's hard to work on a Bill and care for an infirm relative, or have any form of life outside work in realty; plus more difficult to work on something like a Bill if you're away from Ministers/Cardiff - I'm moving back in to a job I did a few years ago, working with clinical stakeholders/advisory groups to support evidence based policy.

    I think it's fair to say that we all have our own expertise when it comes to life - mine generally means I'm more suited to domains such as the DT board than more practical pursuits - but I'm hoping to learn under your kind tutelage :p
    That sounds like a classic case of premature extrapolation.

    House Bought July 2020 - 19 years 0 months remaining on term
    Next Step: Bathroom renovation booked for January 2021
    Goal: Keep the bigger picture in mind...
  • Smodlet
    Smodlet Posts: 6,976 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 27 January 2020 at 8:03PM
    NewShadow wrote: »
    According to many, obstructing democracy and wasting tax payers money - or is that only my mother? ;)

    Fascinating is a synonym for tedious and pedantic, yes?

    The Welsh Government has been a devolved legislature - a body capable of enacting primary legislation - since 2006. No need to be in Westmonster...

    For more off topic information on how Laws can be made in places other than Westmonster... link

    In my case, the house purchase/relocation to North Wales actually coincide with stepping away from legislation - It's hard to work on a Bill and care for an infirm relative, or have any form of life outside work in realty; plus more difficult to work on something like a Bill if you're away from Ministers/Cardiff - I'm moving back in to a job I did a few years ago, working with clinical stakeholders/advisory groups to support evidence based policy.

    I think it's fair to say that we all have our own expertise when it comes to life - mine generally means I'm more suited to domains such as the DT board than more practical pursuits - but I'm hoping to learn under your kind tutelage :p

    Fascinating to me means fascinating; I am really interested.

    Sorry if I touched a nerve, NewShadow, I did not actually expect a reply to my incredibly cheeky post; thank you. I admit I know nothing about the legislature in Wales or, indeed, much else about the country. OH thinks he has Welsh blood in him, for whatever that's worth.

    I trust your input here has been of help to the OP. I remember what it was like to live in a block of flats on my own and to be scared of every little sound so I do empathise with the OP.

    A complete aside, if I may; I realise this is the stuff of fairytales but it happened to me and I will never stop being grateful.

    One Saturday afternoon there was a knock on my door, while I was living in this block of flats. I opened it and there was this guy I worked with. My first thought was that he must have the wrong flat and just happened to know someone who lived in the same block as I did... He did not have the wrong flat. I must have told him where I lived at some point; still have no memory of doing so but I did ask him to help me un-wire my hi-fi as I was moving so it is hardly unfeasible. We will have been married for 26 years next month and I will never stop being grateful for that random visit. :)

    This is not in any way meant to detract from the OP's distress; just trying to put a bit of perspective on the situation: I could have refused to answer the door; it was locked.
  • aroominyork
    aroominyork Posts: 3,310 Forumite
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    This probably goes beyond the remit of a finance site and more into legal issues, but if we could only sell the house at a discount, would we have a case to sue the neighbour for damages amounting to the level of discount? It would be a loss directly attributable to his lawlessness; perhaps it comes down to how the law views our 'choice' of selling the house?
  • NewShadow
    NewShadow Posts: 6,858 Forumite
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    edited 29 January 2020 at 11:37PM
    This probably goes beyond the remit of a finance site and more into legal issues, but if we could only sell the house at a discount, would we have a case to sue the neighbour for damages amounting to the level of discount? It would be a loss directly attributable to his lawlessness; perhaps it comes down to how the law views our 'choice' of selling the house?

    You're not the first to have that idea:

    https://www.telegraph.co.uk/news/uknews/1413829/Couple-sue-neighbour-from-hell-for-60000.html

    Proving it is likely the tricky bit.

    And on MSE:

    Sue neighbours or landlord for devaluing property?

    Neighbour dispute & devaluation in property


    Yes/No/Maybe? Unlikely.

    Definitely ask a solicitor before proceeding...
    That sounds like a classic case of premature extrapolation.

    House Bought July 2020 - 19 years 0 months remaining on term
    Next Step: Bathroom renovation booked for January 2021
    Goal: Keep the bigger picture in mind...
  • aroominyork
    aroominyork Posts: 3,310 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Thanks NewShadow. I don't suppose you know the outcome of the 2002 case (Harpin/Griffin) reported in the Telegraph, where the defendant had convictions for harassing the plaintiff?
  • NewShadow
    NewShadow Posts: 6,858 Forumite
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    Thanks NewShadow. I don't suppose you know the outcome of the 2002 case (Harpin/Griffin) reported in the Telegraph, where the defendant had convictions for harassing the plaintiff?

    There are some follow up stories from subsequent years where they were trying to force him to demolish a balcony he apparently built without consent for the purposes of spying on them in the garden... so I'm going to suggest they either didn't pursue the civil litigation or were unsuccessful... eitherway, they didn't end up selling.

    https://www.gazetteandherald.co.uk/news/7303445.balcony-row-man-is-back-in-court/

    If it actually got as far as court, you could try containing the Courts and Tribunal service and asking for a transcript/the judgement: https://www.gov.uk/apply-transcript-court-tribunal-hearing

    You know the names of the parties and the rough time in which it would have taken place - there will be a processing fee, but if it's important to you...

    As I said above it's unlikely that it either got to court or was successful.

    The biggest issue would be proving the amount of loss - given a valuation is not the same as a sale price and you can't know how much a buyer would have been willing to pay if there had not been a dispute - followed by the need to attribute it directly to the dispute... and further, attributing the dispute solely to one of the parties.
    That sounds like a classic case of premature extrapolation.

    House Bought July 2020 - 19 years 0 months remaining on term
    Next Step: Bathroom renovation booked for January 2021
    Goal: Keep the bigger picture in mind...
  • aroominyork
    aroominyork Posts: 3,310 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Luckily I have a cousin who works in property law so I'll call him (for the first time in a number of years...)
  • NewShadow
    NewShadow Posts: 6,858 Forumite
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    Luckily I have a cousin who works in property law so I'll call him (for the first time in a number of years...)

    Let us know what he says?

    I must admit that Administrative law - civil litigation - isn't an area I'm all that familiar with...

    If this is an avenue you seriously wish to pursue - It may also be worth you phoning your insurance to see if you have legal cover on your policy, and phoning any local solicitors - family/administrative law rather than conveyancing - to see if they do a free half hour consultation.
    That sounds like a classic case of premature extrapolation.

    House Bought July 2020 - 19 years 0 months remaining on term
    Next Step: Bathroom renovation booked for January 2021
    Goal: Keep the bigger picture in mind...
  • aroominyork
    aroominyork Posts: 3,310 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    NewShadow wrote: »
    Let us know what he says?
    Will do, though I'll wait til after next week's plea hearing before contacting him.
    If this is an avenue you seriously wish to pursue - It may also be worth you phoning your insurance to see if you have legal cover on your policy
    I know the answer to that - it's No.
    and phoning any local solicitors - family/administrative law rather than conveyancing - to see if they do a free half hour consultation.
    After the assault we had a meeting with a very good (and pricey) direct access barrister. If we go this route we'll probably go back to him.
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