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Share your dilemmas and get honest opinions from other Mumsnetters.

Would you take this neighbour to Court? *[Warning from MNHQ: thread describes dog attack, including graphic image]

121 replies

mydogisthebest · 26/04/2019 22:03

Me and DH moved house at the beginning of last year. Next door neighbour and his wife and children had moved in about 3 weeks before us.

He was very friendly from day 1 but was always wanting to borrow something - lawnmower, hedge cutter, hose pipe, screwdrivers, drill - loads of things. He also borrowed money twice - one time £50 and the other time £100 (he came to the back door at 10.30pm for the first loan and 7am for the second which annoyed me).

Anyway about 4 months after moving his dog got into our garden through a gap in the hedge. It's a thick hedge and there was a gap big enough for him to get into his side and then wriggle his way through to us. We have 2 dogs but they were indoors at the time. He had already told us his dog did not like other dogs so I called out to him and he came into our garden and got his dog. I showed him where the dog had got through and he said he would put something there so he didn't get through again.

About a month later our dogs were in the garden but up by the house. We have a fence round the patio with a gate so that if it is muddy we can keep them off the grass. Next door's dog came through (in the same place as before) and started barking and growling at our dogs. One of our dogs started barking back at him. As soon as he did so next door's dog flew at him and grabbed his face. Our dog was screaming and the other dog was just literally ripping at his face.

The neighbour came in and had to keep punching his dog in the head to get him off our dog. Our poor dog's face was ripped open one side and he was bleeding badly. The neighbour was so apologetic and kept saying he would pay for the vet and please would we not report his dog or tell anyone about it. He said he had not done anything to the hedge as he forgot!

Our dog needed over 100 stitches in his face from his mouth up to his ear. The vet bill was £500.

We were meant to be going to London for a long weekend 2 days after this happened but could not go as we could not put our dog with a sitter when he had to have painkillers and antibiotics every couple of hours. Also he can get a cone off within seconds so had to be watched 24/7.

We had paid out for an Airbnb, theatre tickets and tickets for the anniversary games at the Olympic Stadium - about £400 in total.

We told the neighbour we had lost the money but never expected him to pay it only the vet bill plus the £100 he still owed (this was over a month after he borrowed it). He kept saying he had no money and would have to pay weekly but just didn't. He paid £25 about a month after and then nothing. We didn't want to hassle too much - he has 2 young children and had just found out his wife was pregnant again (not planned) and they obviously don't have much money.

He then started getting stroppy saying we should have sorted the hedge so he was only going to pay half. He said he would pay £250 In October and then the remainder in November (the attack was in July). He paid the £250 but then nothing.

I must admit we didn't chase him partly because we felt sorry for them and also we didn't really want the unpleasantness when it was the next door neighbour. The thing that annoyed us the most was that he just didn't say anything else about it. If he had said they just could not afford it we would not have been so annoyed.

So we haven't spoken to them since October. We put a fence along our side of the hedge (over 100 foot long so cost a fair bit). Their dog still lunges at the hedge every time one of our dogs is in our garden snarling and barking which bothers me.

The last couple of weeks the guy has been a pain. He keeps moaning about us parking opposite his garden gates. He doesn't park in his garden and, even if he did, it is an ordinary width road and we park partly on the pavement so he can easily get in and out. If we don't park there other neighbours do.

Wednesday he started shouting about our car and said we were not to park there. There are no yellow lines and there is room for his 2 cars to park too so we couldn't see what his problem was.

We have had 2 large metal gates stored in his garden from about last June. He had more room for them than us and, at the time, was happy to store them.

To be honest we had forgotten about them. Anyway on Wednesday he said he wanted the gates moved the next day or he would get the scrap man to collect them. DH said he would move them but could not do so before the weekend. They are really heavy and need at least 2 people to move them and there was no one to help until the weekend. DH warned him that if he got rid of them we would take it further and also take him to Court to get the money back for the rest of the money owed to us

This afternoon a scrap guy came round and took the gates away on a truck. It looked like a tow truck with a hoist and that is how he lifted them.

I haven't told DH because I know he will be furious. Also I guess the neighbour got money for them and they were over 6ft high and very large and heavy so possibly a good amount.

I am so angry when I think how we helped him so many times plus we didn't report his dog or tell anyone when we could have told all the other neighbours.

I know when I tell DH he will want to take him to Court for the vet fees and, quite possibly the money we lost on our cancelled trip.

I do realise that we should not have left the gates in his garden for so long and he was entitled to want rid of them but to give us 1 day to move them and to probably make money from them when he owes us I think is disgusting.

Would you take him to Court and, if so, would you also claim the money lost on the cancelled trip?

OP posts:
choronzon · 26/04/2019 22:11

Absolutely! What a CMF neighbour. You have given him too many inches and now he's taking you for every mile on offer.

You owe him no loyalty and for the sickening incident with your dog alone you can't let this go on any further without stern resistance!

MrsKrabbapple · 26/04/2019 22:19

I can’t get over the fact that his dog viciously attacked yours to the point where it needed 100 stitches and you didn’t report it. What if it attacks a person?

MrsKrabbapple · 26/04/2019 22:20

And what would you say in court was the reason you didn’t report it?

ItsAllOkay · 26/04/2019 22:21

Would you take him to Court
Yes, and you'll likely win for the gates & remaining vet fee.

would you also claim the money lost on the cancelled trip?
No, you made your peace with this at the time.

Choose your battle and pursue! judge rinder

covetingthepreciousthings · 26/04/2019 22:26

can’t get over the fact that his dog viciously attacked yours to the point where it needed 100 stitches and you didn’t report it. What if it attacks a person?

This, but also, what is the timescale of the dog attack, I've worked it out to be around May last year - is that right? It's quite a long time to then be taking them to court for the remaining vets bills.

The dog attack sounds horrific though Sad

HirplesWithHaggis · 26/04/2019 22:29

I agree with the pp who suggested Judge Rinder. You have no upfront court fees, and if you win the programme pays the money. In a real court, your neighbour would have to pay (and if he doesn't have it, or doesn't pay it, you either don't get it or face more fees to recover) and he'd end up with a CCJ, which won't help neighbourly feelings in the future.

AnnieMay100 · 26/04/2019 22:31

Not only would I go to court I’d report their dog - it could be a child one day and report them to their landlord/the local council for anti social behaviour. They sound like horrible people you can’t sit back and put up with this it will only get worse. Keep logs of anything that happens and any evidence you may need it.

FamilyReferee · 26/04/2019 22:35

Bear in mind, to take it to any court (Judge Rinder or real court), you will need to prove that he owes you this money - do you have proof? If he denies owing you money in court, then you saying he does owe you probably won't be enough.

DialANumber · 26/04/2019 22:39

I'm not sure that there is an effective legal process here as some of the 'costs' are hard to prove.

Is your dog insured? I think we have have legal cover incjranve for issues relating to dog attacks etc as part of our insurance.

However, I think it's going to be pretty tricky to justify not reporting the incident at the time.

I believ any dog attack should be reported to the police as a child could be the next victim.

SnowyAlpsandPeaks · 26/04/2019 22:41

Bang on the door, ask for the money from your gates, and you’ll deduct it from what you owe when you file the court costs.

(You should have moved the gates as soon as things got unpleasant, that is your own fault, shouldn’t have lent money after the first and stop being a fucking pushover!!)

Warpdrive · 26/04/2019 22:44

Not only should you recover the costs, but you need to report the dog attack to the police. As PP said, that animal needs to be monitored.

Ellisandra · 26/04/2019 22:45

I’m still trying to get over him turning up at 22:00 and asking for £100 and you saying “right you are then”. Do you have no boundaries?

You forgot that you had gates so massive it takes 2 people to move them, stored at his place, for nearly 11 months?!

The guy’s obviously a total arsehole, but you have been part of creating a weird relationship.

By all means speak to a solicitor - I’d be interested in the law on these various things! I the gates could be considered abandoned, though I’m sure he wouldn’t pass any test or giving you reasonable notice before disposal. I don’t know what the time limit on claiming for the vet bills would be. I’m not sure that you’d be able to claim that the trip away was a close enough connected financial loss though. Maybe the cost of kennels or vet in patient fees so you could go on the trip. But the trip itself - one of you could have gone, you possibly could have sold it on... thinking aloud and not a solicitor! But it’s not as simple as people saying “just go to court”. If you have texts proving the money he owes you, that could be a simpler case in small claims.

He’s a total arsehole, I hope you can get something.

mydogisthebest · 26/04/2019 22:47

The attack was July last year. I believe that for a money claim you have 6 years to take it to Court.

I do think it is doubtful he will pay so that is one reason I feel reluctant to take it further. We would, obviously, have to pay Court fees so would be out of pocket by more money if he didn't pay.

Can we claim for the gates? I believe because we didn't remove them from his garden earlier we may not be able to. It was unfair of him though to give 1 day for DH to move them. Also, as I said, I really think the scrap guy will have paid him for them.

We didn't report the dog attack because we didn't want to be responsible for the dog being put to sleep. It seems to be fine with the children. I hear them playing with it in the garden. Also although we were angry that he had not sorted the hedge out we did feel that to a certain extent it was an accident. We were new in the area and really didn't want to start falling out with neighbours. We had no idea that he would turn nasty

We were just so glad his dog didn't kill ours and he seemed so upset and apologetic. We really did think he would pay the money although we knew it would probably be in instalments.

OP posts:
optimisticpessimist01 · 26/04/2019 22:47

You may have missed the boat with the dog incident. Was this reported at the time? You absolutely should've regardless if the dog was that vicious. If you didn't you'll get questioned as to why not and your sudden motive to do so now.

You have half a leg to stand on with the gate, is there anything in text/written that says they gave you permission to have your gate on their property? This would help massively.

Without a shred of proof though, without proof it was his dog that attacked yours, without proof he owes you money etc. it's his word against yours and it could become very costly.

You are entitled to a free consultation with any solicitors in the country, go straight to them and pick a good one. It's free, the only thing it will cost you is your time. But I know my dog is worth all the time in the world for as I'm sure is yours

Might be worth threatening to take them to court see if this gets a reaction out of them?

optimisticpessimist01 · 26/04/2019 22:48

Also, legally you have to disclose any disputes/disagreements/arguments you have had with your neighbours if you ever come to sell. This is really worth sorting out

girlwithadragontattoo · 26/04/2019 22:48

You need to report this to the dog warden. Did you take photo's of the attack? My dogs were attacked it December, not in the UK but Portugal and the GNR were rubbish. I took photo's and recorded the man, he even tried to run me over but did nothing. Mine had a huge hole ripped into his leg and needed antibiotics for 2 weeks.
It's probably not too late to report this, imagine if there dog did this to a child

Ellisandra · 26/04/2019 22:49

Given that he did tell you that he was going to get the scrappie next day, I’m not sure why you didn’t move the gates. They were only next door, and there are 2 of you. It would have been a ball ache to move them slowly, but I’m sure you could have shuffled them just next door. That didn’t give him the right to get rid, as I said above you have to give reasonable notice legally I believe, to dispose of abandoned goods. Though actually, I wonder whether a judge might say to shift a heavy gate same day was actually reasonable notice, when he told you directly, and they only had to be moved next door?

AJPTaylor · 26/04/2019 22:50

You are throwing good money after bad. Stop doing it. Build a feck off huge fence and have nothing to do with them

MoaningMinniee · 26/04/2019 22:51

Poor dogs - his and yours. Not fair on any of them. Dogs are only bastard dogs if someone in their life has been a useless owner. Your neighbour sounds like the sort of person who would be a useless owner or know people who are.

Ellisandra · 26/04/2019 22:52

@optimisticpessimist01 that’s utter nonsense that any solicitor in the country has to give you a free consultation!!

Many - but far from all - will give you some time so they understand your issue high level and let you know if it’s something they can take on. But they do it for commercial reasons, not because they have to!

mydogisthebest · 26/04/2019 22:53

We have the vet bill showing the amount and we have texts between neighbour and DH, We can prove how much the gates cost too.

When he asked for money it was because he had recently started a new job and his wages had not gone into his bank. He needed fuel to get to work and also they needed food. Yes we were silly but we are both kind hearted. They are a young couples (29 and 30) and obviously have very little money. Also he had been so nice and friendly.

We tried to sell our trip on but it was too short notice. Neither of us wanted to go alone. Also we were having to sit with our dog 24/7 because he could get the cone off and scratch his stitches. We took it in turns to stay with him during the day and night

OP posts:
OKBobble · 26/04/2019 22:53

Yes for all of it. Also report the dog.

Giving you one day notice was not a reasonable time especially when you said you would move gates at weekend ie. Within a reasonable time.

purpleme12 · 26/04/2019 22:53

Jesus I'd have proper kicked off after the dog incident and never spoken again! His dog should never have been on your property! But then no way would I lend that amount of money to a neighbour!
You've been way too lenient with him

PolarBearDisguisedAsAPenguin · 26/04/2019 22:54

We didn't report the dog attack because we didn't want to be responsible for the dog being put to sleep. It seems to be fine with the children.

So your dog was attacked and if the wounds had become infected or the bites had been in an artery, you own presumably loved pet could have been put to sleep. But instead you were worried about his vicious dog? And just because it seems fine with children, doesn’t mean it will be; it clearly is aggressive.

I would report the dog now. The vet report for your dog will be evidence of an attack although whether you would be able to prove his dog did it is debatable.

RainRainGoAwayPlease · 26/04/2019 22:56

Sounds like that dog needs putting down its out of control, imagine if that'd been a child. Get it reported first, then look at taking them to court.