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  • FIRST POST
    Former MSE Lee
    Money Moral Dilemma: Should I pay for my excess dust?
    • #1
    • 5th Aug 10, 5:36 PM
    Money Moral Dilemma: Should I pay for my excess dust? 5th Aug 10 at 5:36 PM
    This is a real life MMD so please bear in mind the MoneySaver in question will read your responses:

    Please give this MoneySaver the benefit of your advice...

    Should I pay for my excess dust?

    We are in the process of having our driveway reflagged and recently a new neighbour from across the road came over to complain about the dust from the flagging that had fallen on his car. My husband apologised and said we didn't know what we could do. We then saw the neighbours taking pictures of the dust on his car before driving off. I am a bit taken aback by this and wondering what the neighbour hopes to achieve. Should I pay to have his car cleaned?

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Page 8
    • speedypete07
    • By speedypete07 12th Aug 10, 7:31 AM
    • 11 Posts
    • 7 Thanks
    speedypete07
    Let Him Prove WHAT dust is yours !
    His car is going to get dust anyway !
    so a lot of his dust does not belong to you anyway !

    Simply ask him to point out exactly your dust and then offer to clean only that dust !

    Perhaps then he will realise what an IDIOT he really is!

    In addittion print out all the comments in this forum and stick them in his letter box !
  • taxing
    Exactly the point I was making.

    No matter how a few people on here want to admit it, there is legal precedence to the neighbour having a case for claiming damages if they can prove the dust damaged their car. Likewise the OP can in turn sue the builder if it can be found that they did not sufficiently mitigate the OP's risk.

    All the OP can do is wait for the neighbour's next move. Hosing the car off might be the best option (domestic hoses are rarely powerful enough to do any damage through pressure).
    Originally posted by kneelbeforezod
    To claim damages - or TORT under common law it is a duty of the aggrieved (the 'damaged person' )to MINIMISE their loss. What would the Court expect here - for him to have the sense to move his car out of 'harms way' if at all practicable - to COVER his car if at all possible - simply leaving it there unprotected after you realise the danger would not 'cut it' with any Judge. I rest my case m'Lord....
  • sluggy1967
    Tell him to get a bleedin' life! Jealousy is a very sad thing.
    • chommin
    • By chommin 12th Aug 10, 9:22 AM
    • 22 Posts
    • 1 Thanks
    chommin
    Dust on car
    He's been watching Judge Judy again.
    If he hasn't photos of the car before your works for comparison then tell him politely he can get it cleaned and polished for 5 or less even in London.
    His driving off should blow most of the dust off !!!
    Sarah x
  • louisajonas
    It'll rain soon...
    if it hasn't already and that should take care of the problem, it's only dust!
  • criochan
    Dusty drives
    The man's an idiot. He needs to cool down.

    1. Get a bucket of water.

    2. Throw it over him.
  • spikedouglas
    Depends on the facts.
    Did you inform your neighbour(s) before the event that you were having something messy done that would potentially affect their property or the enjoyment of their property?

    If no, pay what he wants, and hope that your other neighbours don't read this. While I don't believe you have a duty to inform them, nevertheless something you did - or got done - has inconvienienced/damaged their property. If they go to court they will probably win given a sympathetic judge. The contractors arn't liable as they were carrying out your instructions and shold have warned you about possible issues - if they didn't of course you could sue them; but most likely lose.

    If you did advise them then apologise, offer a fiver or a hose down. (Not a scrub as that may damage.)
  • Flatbat
    Surely , the contractors carrying out the job would reasonably be expected to know that a lot of dust would be created when cutting flagstones - after all they do it every day . I think they should take reasonable precautions to prevent excessive dust causing problems to neighbours - or be liable for any damage .
    If you were having your house painted and the contractors splattered paint on your neighbour's car , the contractors would be liable for the damage not the householder ... it's just that dust travels further than paint ( usually ! )
    • lutzi1
    • By lutzi1 12th Aug 10, 12:51 PM
    • 2,671 Posts
    • 48,236 Thanks
    lutzi1
    As somebody who's had to sue their neighbour for harassment, (and won), I'd say that this kind of bizarre and controlling behaviour is absolutely par for the course - they all start somewhere, and it's often very petty. Photographing bizarre things is very common, in an attempt to support their imaginary grievances. Ignore this person as far as possible, and make sure you're always a reasonable neighbour in your behaviour to others. (I'm sure you are, but it's nice to have others who will testify for you if it becomes necessary in the future). Good luck!
    Last edited by lutzi1; 12-08-2010 at 12:54 PM.
    Hope is not a strategy.
  • spikedouglas
    Surely , the contractors carrying out the job would reasonably be expected to know that a lot of dust would be created when cutting flagstones - after all they do it every day . I think they should take reasonable precautions to prevent excessive dust causing problems to neighbours - or be liable for any damage .
    If you were having your house painted and the contractors splattered paint on your neighbour's car , the contractors would be liable for the damage not the householder ... it's just that dust travels further than paint ( usually ! )
    Originally posted by Flatbat
    Agreed, but they would surely advise the client to move things out of the way and advise the client to notify their neighbours. That's what the contractors painting my house right now did. They have also offered (before anyone complains) to remove any paint spots, but I'm guessing that doesn't apply if you choose to ignore the advice. In this scenario the chap opposite may well leave his car in his drive all day, that's his perogative, but if he's not warned and comes home to it covered in gritty dust then it's somebodies job to put that right.
    • lutzi1
    • By lutzi1 12th Aug 10, 1:01 PM
    • 2,671 Posts
    • 48,236 Thanks
    lutzi1
    The man's an idiot. He needs to cool down.

    1. Get a bucket of water.

    2. Throw it over him.
    Originally posted by criochan

    I love the sentiment, but then he really WILL have something to complain to the police about, and he's clearly somebody who loves to nurse a grievance. What winds these people up more than anything, (other than losing at court), is being ignored. Oh, and don't be surprised or feel intimidated if you get a solicitor's letter or some other response in due course - otherwise why was he taking the photos?
    Hope is not a strategy.
  • YeOldOne
    I think the health and safety executive now say that when using a hand held grinder it should use water to suppress the dust.
    Originally posted by lee-uk
    But that is only to protect the person USING the grinder.
  • Marco12452
    No, offer to hose it down for them. They'll ask for a full valet.
  • lisao1
    ha ha ha like the above suggests, the guy has too much time and too short a fuse.
    WOOOW! are you sure this guy hasnt answered way up the list??? What was it ? Beware corrosive acid on your new drive, later in the year. Ha ha ha
    Its dust not concrete chippings.Is it ? lol. Dont go near his car, he could accuse you of damage already there. I'd put the price of the local drive through in an envelope and post it through his door. On the front "Clean Me!!!".
    However, if the car is used for his job or a rental, he does have a point. I would've parked my car out of the way if i'd seen work bein carried out in close proximity,just, to avoid other damage occurring. Hope its sorted 8)
    • pineapple
    • By pineapple 12th Aug 10, 4:49 PM
    • 6,312 Posts
    • 30,275 Thanks
    pineapple
    This happened to me. I was that person with the dust!
    My car got covered. It was hardly just a speck or two. I didn't have the nerve to complain to my neighbour but I wish he had had the forethought to warn me about the work being done because I could have moved the car. I'm not fit and don't have a hose pipe even. I had to take the car to the car wash again having just had it done.
    I always warn the neighbours in advance if there is going to be any noise, dust etc and frankly you should have done the same. It's just common courtesy, so apologise. Maybe take round a bottle of wine as a conciliatory gesture.
    Sometimes the most difficult people can be won over (wrongfooted?) by a nice gesture. And it can give you the moral high ground. Life is too short for neighbour disputes.
    Last edited by pineapple; 12-08-2010 at 5:18 PM.
    • zipman23
    • By zipman23 12th Aug 10, 5:46 PM
    • 289 Posts
    • 68 Thanks
    zipman23
    Same thing happened to me when I had my back garden landscaped...my neighbour (who had been told we were having the work done) had her washing out. The lads cutting my paving stones knocked beforehand and told her she might want to take her washing in as they were going to be cutting them which would mean alot of dust! You should have seen her face...the miserable cow!!

    We had the work done in 1 day for their sake rather than having it done in the 4 days some companies said it would take which would have just caused more problems!


    If you had pre-warned him and he didn't move his car, thats their fault! Then again, you can't control the wind can you? Well not unless your name is Aeolus!!
    English by birth. GEORDIE by the grace of God.
    • BigMummaF
    • By BigMummaF 12th Aug 10, 6:58 PM
    • 4,269 Posts
    • 32,002 Thanks
    BigMummaF
    Did you inform your neighbour(s) before the event that you were having something messy done that would potentially affect their property or the enjoyment of their property?

    If no, pay what he wants, and hope that your other neighbours don't read this. While I don't believe you have a duty to inform them, nevertheless something you did - or got done - has inconvienienced/damaged their property. If they go to court they will probably win given a sympathetic judge. The contractors arn't liable as they were carrying out your instructions and shold have warned you about possible issues - if they didn't of course you could sue them; but most likely lose.

    If you did advise them then apologise, offer a fiver or a hose down. (Not a scrub as that may damage.)
    Originally posted by spikedouglas
    Yes, if they are alongside you or you are in a very small cul-de-sac, but this guy lives opposite. I'll ask again, how big should the catchment area be for informing the 'neighbours' of your intentions?
    My immediate neighbour on one side is always attempting DIY, often begins at 8am on a Sunday morning & loves to show off his *ahem* prowess & latest acquisition on the front lawn. The ones the other side are having an extension built, I can't use my washing line most days & shut the door because of the noise. The physical fall-out from both are just as likely to land on or miss my property completely & we're in a terrace
    Surely , the contractors carrying out the job would reasonably be expected to know that a lot of dust would be created when cutting flagstones - after all they do it every day . I think they should take reasonable precautions to prevent excessive dust causing problems to neighbours - or be liable for any damage .
    If you were having your house painted and the contractors splattered paint on your neighbour's car , the contractors would be liable for the damage not the householder ... it's just that dust travels further than paint ( usually ! )
    Originally posted by Flatbat
    Just thinking out loud..would it possible there is more dust around, given the exceptionally dry conditions we've had? I have no idea where the OP is located & of course, could be suffering the wettest weather in the country Even so, I can't help coming back to the fact he is across the road & not even next door but one...
    ....In this scenario the chap opposite may well leave his car in his drive all day, that's his perogative, but if he's not warned and comes home to it covered in gritty dust then it's somebodies job to put that right.
    Originally posted by spikedouglas
    So if I came home & found the gas had dug up the roads/the council erected a bus shelter/replaced a lamp post et al, & my newly-cleaned-before-I-went-out beloved motor covered in carp...I can sue? I think not, plus I don't agree with the 'claim it!' culture that is growing far too readily these days.

    Someone mentioned it is in the WAY you say something & that is so true. For example the OP's hubby could have said ("
    My husband apologised and said we didn't know what we could do. ") 'Sorry; I don't know what we can do about it ' OR 'Sorry? I don't know what we can do about it '...Same words but completely different connotations & what I was trying to say in my post yesterday KBZ
    Oh, and how exactly is saying "I don't know what we can do about it" 'offering solutions'???
    Full time Carer for Mum; harassed mother of three;
    loving & loved by two 4-legged babies.

  • Valhaz
    Cleaning Neighbour's Car
    I think it would be fair to buy him a car wash at the local garage or hand car wash.
    When we had our driveway done, we told our neighbours and they parked up the street for a day.
  • tomell
    Dust
    If you do decide to wash his car (i wouldnt) Make sure you hose it down first to get rid of the dust as it will be gritty and sharp and will scratch the paint if just rubbed by a sponge or equvalent.
    Or tell him to stop being so petty or tell him him its the after effects of icelandic volcane ash
  • spikedouglas
    Catchment area
    [COLOR=SeaGreen][SIZE=2][FONT=Trebuchet MS]Yes, if they are alongside you or you are in a very small cul-de-sac, but this guy lives opposite. I'll ask again, how big should the catchment area be for informing the 'neighbours' of your intentions?
    Originally posted by BigMummaF
    I would guess, as far as you expected the mess to go and then a bit more. Of course, you don't have to do anything; that would suit some people who don't give a damn about their neighbours, but I guess that's down to your attitude and however much you fear being held to account.

    And as far as your other remark goes, that's once again down to attitude, if the council had screwed up as in your example, then yes, I'd expect them to pay. And I'd enforce it.
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