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AIBU?

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:
DonkeyHohtay · 27/04/2019 10:16

Also, if he's so skint that he keeps borrowing money, do you really expect that he would pay any court ordered fine anyway?

LakieLady · 27/04/2019 10:16

You can even report him to the police for the gates. Knowing they were yours it is theft for him to have sold them, even though you had left them in his garden and he had asked you to move them

If that's the case, whoever he sold them to is guilty of receiving stolen goods!

Decormad38 · 27/04/2019 10:21

I think you overstepped and so did he when he asked for money and you gave him it! Bizarre! He clearly thought you were mugs from day 1 and took you all for a big ride!

Dongdingdong · 27/04/2019 10:27

All the posters saying you’re not entitled to 30 minutes free legal advice are wrong. Some solicitors DO offer this service - it’s on the CAB website FGS!

www.citizensadvice.org.uk/law-and-courts/legal-system/finding-free-or-affordable-legal-help/

Very sorry to hear of your situation OP - you and your DH sound like lovely people and I hope you get it sorted soon.

LakieLady · 27/04/2019 10:29

You're a better person than me, OP, I would have pursued the CF for the money, it'd be worth the £60 court fee even if it only meant ruining any credit rating he might have had. And I would go for the lot: the vet bill, the cost of the fence, the money lost for the cancelled weekend, the value of the gates and anything else I could can think of.

I don't know how much it costs to instruct a bailiff these days, but if it wasn't a huge sum, I'd do it just for the crack of him freaking out when someone rocked up to take possession of their stuff.

I wouldn't do anything about the dog now. It's not the dog's fault that its owner's an arsehole. Now that it can't get in your garden it's not a danger to you or your dogs. At the time though, I'd have been livid and reported it to the police or the dog warden.

MrsKrabbapple · 27/04/2019 10:34

Dong, nobody is saying that some solicitors offer free consolations. You are not entitled to a free consultation at any solicitors in the country.

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.

Qweenbee · 27/04/2019 10:45

Small claims court surely. It's not a difficult process and there will be ways too ensure it is enforced.

He's created the bad feelings.

Langrish · 27/04/2019 10:47

You should have reported the dog, it could kill someone.

PlainSpeakingStraightTalking · 27/04/2019 10:53

You have absolutely no documentary evidence. You'd be laughed out of court.

JaneEyreAgain · 27/04/2019 10:58

Speak to the police about the gates that they have sold on and see if they think you have any recourse.

Speak to the scrap merchant and inform them in writing that the gates were not his to sell.

Speak to the RSPCA about the dog.

InceyWinceyette · 27/04/2019 11:05

DingDong The links you have provided suggest the ways in which anyone MIGHT be eligible for legal aid (which absolutely does not cover any of the OP’s issues in the small claims court) and describe the discretionary help which SOME solicitors offer to certain clients, which is a long way from being ‘entitled ‘ to it.

Your links actually demonstrate that the advice “You are entitled to a free consultation with any solicitors in the country” is bollocks.

youknowmedontyou · 27/04/2019 11:07

@Dongdingdong that link doesn't offer definite free advice, you're giving wrong information.

AdobeWanKenobi · 27/04/2019 11:07

Always amusing to see the fabled 'Free half hour' appear. Brilliant stuff.

First thing to do would be to report the theft of the gates.
Secondly, if you have a local area FB might be worth a post on there to say they have been sold on without permission. In our area the scrap men are all on these pages and if it's seen they might return them rather than become embroiled in a theft dispute.

Lastly, the cancelled trip is not something you can claim for. Sadly hindsight is a wonderful thing, but travel insurance, even in the UK is always a good idea for just this occasion.

InceyWinceyette · 27/04/2019 11:08

OP, did you stand by and watch the scrap guy take the gates?

AdobeWanKenobi · 27/04/2019 11:10

might is not entitled to

Would you take this neighbour to Court? *[Warning from MNHQ: thread describes dog attack, including graphic image]
InceyWinceyette · 27/04/2019 11:11

Honestly the AIBU board should have a disclaimer that no legal or financial or health information should ever be relied on on this board.

Not in any, of course, but AIBU attracts people who are more concerned with shouting the odds and having or promoting a ruck than giving considered informed advice.

Drum2018 · 27/04/2019 11:17

Did you actually see the gates being taken away? If so why did you not go out and try to stop them from taking your property?

prh47bridge · 27/04/2019 11:28

He sold them because his got financial issues

Whether or not he has financial issues is irrelevant. Under the Torts (Interference with Goods) Act 1977 there is a process he had to go through before selling the gates. He did not do so therefore he was not entitled to sell the gates. And, even if he did, he must pay the sale price to the OP less any reasonable costs of sale.

You can even report him to the police for the gates

This is a civil matter. The police won't get involved.

You have absolutely no documentary evidence. You'd be laughed out of court.

This is a civil matter so the OP needs to prove things on the balance of probabilities. She does not need absolute proof. Documentary evidence would help but she won't be laughed out of court just because she doesn't have any. The courts will enforce debts where there is no documentary evidence provided they are convinced that, on the balance of probabilities, the debt exists.

Honestly the AIBU board should have a disclaimer that no legal or financial or health information should ever be relied on on this board

Agreed. There is a lot of rubbish "legal" advice on this thread, the classic being that the OP is entitled to a free half hour consultation with any solicitor in the country. Some solicitors will give a free half hour as a way of attracting new clients but that is their choice. They don't have to.

blackteasplease · 27/04/2019 11:28

Dog warden yes but also RSPCA because in fairly to repair the fence/ keeping the dog in the neighbour has caused unnecessary suffering to your dog.

I'd also be concerned the dog could attack a child.

Bluntness100 · 27/04/2019 11:30

Actually I'm curious. How do you know what kind of truck took the gates. Were you watching and allowing it to happen? Was your husband?

woollyheart · 27/04/2019 11:36

You need to distance yourself from this neighbour in future.

Absolutely no lending money. No more favours, either way. Call the police if his dog escapes and is aggressive.

You have become far too involved with his welfare and 'helping' him. It is generally a bad idea to have any financial interactions with neighbours unless the interactions are very short and sweet.

Dongdingdong · 27/04/2019 11:41

Adobe - read the whole page.

It clearly states “Some solicitors give 30 minutes' legal advice for free.”

This is a fact. It may be helpful to the OP to be aware that 30 minutes of free legal advice is available from some solicitors if you know where to look.

00100001 · 27/04/2019 12:01

it might state that " “Some solicitors give 30 minutes' legal advice for free.”

but that isn't the same as being entitled to 30 minutes free.

Confused
Fiveredbricks · 27/04/2019 12:07

"We didn't report the dog attack because we didn't want to be responsible for the dog being put to sleep" is this a fucking joke??

But you'll be responsible for it going on to attack other dogs and possibly humans Confused

The dog should have been destroyed.

If another dog did that to my dog I'd have dragged it to the vets myself along with mine.

AdobeWanKenobi · 27/04/2019 12:19

Dongdingdong

some and again that is not the same as you are entitled to

Seriously, admit when you're giving misleading information..

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