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Neighbour taking friend to court

(315 Posts)
Clappingforjoy Fri 17-Jan-20 10:30:26

My friend had a fire in his garden last April and it caused damage to some neighbouring gardens especially the one neighbour. My friend didn't and still doesnt know how it started so that remains a mystery and the fire brigade could only say that it started in our garden but they didnt know how.
Now several months later we have been made aware that the neighbour that suffered the most damage is taking him to court and is getting all the others on his side and got witness statements off them and gave them to his solicitor to say my friend was burning rubbish the day before he denies this and says the only thing he did was get a weed burner out from his shed st the side of the house and take it to the front garden to burn weeds then he put it back ensuring it was out.
After this he went out and on arriving home abt an hour later the fire had already started way at the bottom of the garden far from the side shed.
His son was there and had noticed the fire from his bedroom window and had already called the fire brigade.
All neighbours have since few months ago had all repairs done so I can only think they are claiming for thier excess.
What should he do friend is dismissing saying he is totally innocent and despite the fact he has a burner he hadnt used it for several weeks but claims he has smelt burning before from somebody else's garden in the past and there is no proof of anything except probably some made up statements from neighbours trying to get money.

Clappingforjoy Fri 17-Jan-20 10:32:22

I mean he has a bin burner he hadnt used for several weeks before the fire

JasonPollack Fri 17-Jan-20 10:32:52

So "your friend" was burning things in his garden, and completely independently of that, a fire started? Right.

Well you'd better hope "your friend" has insurance.

thecatfromjapan Fri 17-Jan-20 10:33:45

Why is your friend being taken to court if the fire started in your garden?

Frenchw1fe Fri 17-Jan-20 10:34:32

The fire started in your garden?
Who is this friend? Your friend needs to get legal advice whether or not it's his fault.

Clappingforjoy Fri 17-Jan-20 10:35:34

Fire started in his garden also he wasnt burning rubbish when the fire started he was out the front with a weed burner not the back garden where the fire started later on

Cheeserton Fri 17-Jan-20 10:35:37

'Your friend' had a fire that started in 'our garden'? hmmconfused

Tombliwho Fri 17-Jan-20 10:37:02

"Friend" needs legal advice.

FizzyIce Fri 17-Jan-20 10:37:24

Why did you say “started in our garden “?
I’m confused.. are you this ‘friend’?
Either way , it was obviously started by your friend , it’s too much of a coincidence otherwise. He should pay up

mummmy2017 Fri 17-Jan-20 10:37:29

Have you asked the fire brigade how the fire started?

They should have a report, and if anyone else had a fire.

Clappingforjoy Fri 17-Jan-20 10:37:31

So error it was in friends garden and yes he has insurance the neighbours repairs where done months ago and friends repairs where done by his own insurance.

JasonPollack Fri 17-Jan-20 10:39:11

What's a "weed burner"?

Clappingforjoy Fri 17-Jan-20 10:40:22

I havent seen the fire report but when they attended the fire they could only say it started in his garden but didnt know how.
His ds says one of the firemen commented that it hadnt started in his fire in because there wasnt anything in there to combust

GiveHerHellFromUs Fri 17-Jan-20 10:40:35

You posted about this at the time - I remember the thread. It was in your garden (presumably why you made the mistake when changing your story and left 'our' in there).

Everyone told you to accept liability and claim through your home insurance.

If the repairs have been done via their own insurance you should pay their excess.

WheresMyChocolate Fri 17-Jan-20 10:40:40

It'll be balance of probabilities in court. So which is more likely, friend is out burning weeds in his garden and accidentally somehow starts a fire in a different part of the garden, or friend is out burning weeds in his garden and a fire starts randomly in a different part of the garden with no identifiable source? I know which I'd go for.

Clappingforjoy Fri 17-Jan-20 10:40:59

Fire bin bloody autocorrect

LagunaBubbles Fri 17-Jan-20 10:41:34

Fire started in his garden

and the fire brigade could only say that it started in our garden

Mmm 2 contradictory statements. You, sorry your "friend" had better get legal advice.

thecatfromjapan Fri 17-Jan-20 10:41:38

Your friend needs legal advice, I guess.

🤷‍♀️

Newyeardietstartstomorrow Fri 17-Jan-20 10:42:44

Let the insurance companies deal with this. The neighbours are entitled to claim against your neighbour's 3rd party liability insurance as the damage was caused by a fire on his property. I am not sure why court action is needed?

SureTry Fri 17-Jan-20 10:44:06

My friend didn't and still doesnt know how it started so that remains a mystery and the fire brigade could only say that it started in *our*^ garden^

I'm confused is it your friend's garden or yours?

thecatfromjapan Fri 17-Jan-20 10:45:49

I'm guessing OP refused liability, neighbour's insurance trying to recoup pay-out from OP's insurance - but unable to do so because OP refused liability.

So now it's going to court.

TheMostHappy Fri 17-Jan-20 10:48:49

<cringe>

I would be in touch with a solicitor OP.

JeffreysWorkTrousers Fri 17-Jan-20 10:49:10

His son was there and had noticed the fire from his bedroom window and had already called the fire brigade

How old is the son and could he have started the fire?

Clearly this is about your garden. Just name change in future and be honest.

Clappingforjoy Fri 17-Jan-20 10:51:28

He has denied responsibility because he says no way is he saying he has done something that he hasnt.
It has been explained over and over again to this neighbour that he doesnt know how it started but he isnt having it.

Clappingforjoy Fri 17-Jan-20 10:52:12

No son hasnt started the fire he was 18 at the time

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