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  • FIRST POST
    • aroominyork
    • By aroominyork 19th Sep 19, 6:41 PM
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    aroominyork
    Noise complaint from neighbour who assaulted me
    • #1
    • 19th Sep 19, 6:41 PM
    Noise complaint from neighbour who assaulted me 19th Sep 19 at 6:41 PM
    Last year our neighbour complained about the noise of rain falling from our guttering during heavy storms. We had the guttering attended to. This summer he again said there was a problem and we again had it repaired. I do not know how well the repair was done but during heavy storms (we live right on the coast) some rain does fall. In July he came round during a storm and assaulted me, leaving me with a broken ankle and other injuries. The police have investigated and the matter is now with the CPS to make a charging decision.

    Today we received a letter from the council saying a local resident has complained that he is regularly disturbed by rainwater cascading from defective guttering. The council say they have made enquiries and are satisfied the guttering needs attention.

    Where do we stand with this? Is the assault a factor they would take into account or would they consider these two completely separate issues? How far should guttering be able to stand up to severe coastal storms without any rain falling from it?
    Last edited by aroominyork; 19-09-2019 at 6:44 PM.
Page 1
    • elsien
    • By elsien 19th Sep 19, 6:44 PM
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    elsien
    • #2
    • 19th Sep 19, 6:44 PM
    • #2
    • 19th Sep 19, 6:44 PM
    The assault is a separate issue but my first question to the council would be what enquiries, and what led them to reach the conclusion that they have without speaking to you at all.
    What is the difference between your guttering and that of your various neighbours, who presumably don't have an issue?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • aroominyork
    • By aroominyork 19th Sep 19, 8:09 PM
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    aroominyork
    • #3
    • 19th Sep 19, 8:09 PM
    • #3
    • 19th Sep 19, 8:09 PM
    The assault is a separate issue but my first question to the council would be what enquiries, and what led them to reach the conclusion that they have without speaking to you at all.
    Originally posted by elsien
    He may have given them a DVD of a storm. He gave me one in June but I never watched it - I had seen the problem and got a guttering specialist round. So if I am right it was taken before the last repair. If he did get EH to look at our house, would they do so without informing or talking to us?

    What is the difference between your guttering and that of your various neighbours, who presumably don't have an issue?
    Originally posted by elsien
    They are different builds but I don't know enough about guttering to answer that properly.
    • adonis
    • By adonis 19th Sep 19, 8:31 PM
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    adonis
    • #4
    • 19th Sep 19, 8:31 PM
    • #4
    • 19th Sep 19, 8:31 PM
    I am more concerned as to why the CPS are only considering a prosecution,
    unless you gave him a good hiding first,
    some storms can be really severe and the gutters cannot cope, if there is a problem with the gutter look for similar houses and gutters like yours in the area and ask the residents if they have had problems.
    • shaun from Africa
    • By shaun from Africa 19th Sep 19, 8:55 PM
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    shaun from Africa
    • #5
    • 19th Sep 19, 8:55 PM
    • #5
    • 19th Sep 19, 8:55 PM
    I am more concerned as to why the CPS are only considering a prosecution,
    Originally posted by adonis
    The CPS will normally only start a prosecution if they consider that there is a realistic chance of getting a successful conviction so if in the OP's case there are no witnesses or little or no other evidence, they may well decide not to proceed further.
    • aroominyork
    • By aroominyork 19th Sep 19, 11:07 PM
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    aroominyork
    • #6
    • 19th Sep 19, 11:07 PM
    • #6
    • 19th Sep 19, 11:07 PM
    Adonis, by ‘considering’ I mean the case is with them but their workload means decisions are not made overnight. Anyway, thanks one and all for the guttering advice.
    • Davesnave
    • By Davesnave 20th Sep 19, 9:45 AM
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    Davesnave
    • #7
    • 20th Sep 19, 9:45 AM
    • #7
    • 20th Sep 19, 9:45 AM
    Why are you not phoning or visiting the relevant dept of the council to ascertain exactly how they came to their conclusion, and also whether they're aware of the work you've already had done?


    That's the first thing I'd do.
    You have been warned!
    • Dan-Dan
    • By Dan-Dan 20th Sep 19, 10:57 AM
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    Dan-Dan
    • #8
    • 20th Sep 19, 10:57 AM
    • #8
    • 20th Sep 19, 10:57 AM
    Yes to the answer do councils come out without consulting homeowner, they come out when they are in the area or as and when it suits and make their report wether you are in or not if its something that can be investigated frpom the outside
    Never, under any circumstances, take a sleeping pill and a laxative on the same night.
    • aroominyork
    • By aroominyork 20th Sep 19, 3:09 PM
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    aroominyork
    • #9
    • 20th Sep 19, 3:09 PM
    • #9
    • 20th Sep 19, 3:09 PM
    Why are you not phoning or visiting the relevant dept of the council to ascertain exactly how they came to their conclusion, and also whether they're aware of the work you've already had done?


    That's the first thing I'd do.
    Originally posted by Davesnave
    My wife did that this morning. Left a voicemail. I'll keep you posted.
    • Norman Castle
    • By Norman Castle 20th Sep 19, 4:30 PM
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    Norman Castle
    Today we received a letter from the council saying a local resident has complained that he is regularly disturbed by rainwater cascading from defective guttering. The council say they have made enquiries and are satisfied the guttering needs attention.
    Originally posted by aroominyork
    Assaulting someone because of a leaking gutter suggests he is disturbed in many ways.

    Explain work has previously been done and mention the assault. It won't change their decision but they are likely to be more forgiving of you and less accommodating towards the neighbour.


    Good luck with the prosecution.
    Don't harass a hippie, you'll get bad karma.

    Never trust a newbie with a rtb tale.
    • aroominyork
    • By aroominyork 14th Jan 20, 3:32 PM
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    aroominyork
    Well, to cut a long story short our neighbour kicked off again and is now being held on remand on a charge of racially aggravated criminal damage. The police have asked us to fill in a compensation form. I can cost the items I have already paid for (and will include the CCTV we very wisely installed after the assault last summer) and excesses I have paid on our household and motor policies, but do these processes take into account the higher insurance premiums we will probably have to pay in future and the impact on our no claims bonuses?
    • k3lvc
    • By k3lvc 14th Jan 20, 3:43 PM
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    k3lvc
    Well, to cut a long story short our neighbour kicked off again and is now being held on remand on a charge of racially aggravated criminal damage. The police have asked us to fill in a compensation form. I can cost the items I have already paid for (and will include the CCTV we very wisely installed after the assault last summer) and excesses I have paid on our household and motor policies, but do these processes take into account the higher insurance premiums we will probably have to pay in future and the impact on our no claims bonuses?
    Originally posted by aroominyork
    OK so there's far more to this than guttering if he's been remanded on something racially aggravated.
    Unless someone comes on here and proves different you're not going to be compensated for a CCTV system you installed or future insurance increases. What are the reasons for the excesses having been paid ? Are they following a crime for which he's also been charged or seperate issues ?
    • aroominyork
    • By aroominyork 14th Jan 20, 3:52 PM
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    aroominyork
    The excesses are for insurance claims after, last weekend, he smashed 17 house windows and my car with a metal bar (all on CCTV), having just screamed racist abuse (which I recorded). As I said, I was cutting a long story short. The guttering is now irrelevant - unless he unwisely uses it as a defence in court.


    PS The CPS didn't charge re the assault because of a lack of witnesses. I was still in the process of challenging that decision (the neighbour was unaware I was challenging it) when last weekend's events happened.
    Last edited by aroominyork; 14-01-2020 at 4:05 PM.
    • markin
    • By markin 14th Jan 20, 4:34 PM
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    markin
    He likely will use it as a defence, and make up lots off other stories against you, And sadly he will probably get a slap on the wrist and a fine, with time served.


    How about moving costs? You don't want to live next door to this nut anymore do you?
    • George Michael
    • By George Michael 14th Jan 20, 4:50 PM
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    George Michael
    How about moving costs? You don't want to live next door to this nut anymore do you?
    Originally posted by markin
    Unfortunately, that is something which even if the OP wanted, will be far from easy.
    Legally, they will have to declare the problems with the neighbour on the property information forms they have to complete when selling and once the scale of what has happened comes to light, I can imagine that most potential buyers will walk away.
    • aroominyork
    • By aroominyork 14th Jan 20, 8:56 PM
    • 1,103 Posts
    • 381 Thanks
    aroominyork
    He likely will use it as a defence, and make up lots off other stories against you, And sadly he will probably get a slap on the wrist and a fine, with time served
    Originally posted by markin
    Maximum tariff for his offence is 14 years and while I doubt he will serve anything close to that I expect more than a slap on the wrist.

    Unfortunately, that is something which even if the OP wanted, will be far from easy.
    Legally, they will have to declare the problems with the neighbour on the property information forms they have to complete when selling and once the scale of what has happened comes to light, I can imagine that most potential buyers will walk away.
    Originally posted by George Michael
    That's helpful to know. Thank you ( I guess...)
    • venison
    • By venison 14th Jan 20, 10:27 PM
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    venison
    You may not have to declare the problems with the neighbour if he ends up doing time and will be an ex neighbour.
    If you fail to plan you plan to fail
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