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Share your dilemmas and get honest opinions from other Mumsnetters.

Neighbour taking friend to court

314 replies

Clappingforjoy · 17/01/2020 10:30

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.

OP posts:
LivingTheThighLife · 17/01/2020 12:02

Actually maybe Meghan Markle had to hide from the paparazzi and made a smoke screen in your friend’s garden and it just accidentally caught fire. That’s why she has run away to Canada to escape justice. Definitely the most likely explanation. Your friend is clearly not at fault.

FlaskMaster · 17/01/2020 12:02

Well I haven't read the thread at all I'm afraid so can't comment, but my friend has read it. My friend says it's clear it's you op and not "your friend" and it's quite baffling why you're insisting on posting about it as if you're a third party. My friend also thinks you should take responsibility for the damage you clearly caused, and pay for everyone's repairs (hopefully through insurance) because it's your fault and your responsibility. My friend also think it's pretty poor to try to weasel out of it. Anyway I wish you well, I mean my friend wishes you well. Hopefully you'll learn from this to be much more careful and responsible.

YasssKween · 17/01/2020 12:04

I really think him talking to his insurance company ASAP is a much better idea than speculating on MN with posts that don't outline the reality of the situation (it seems) at all. If every single person is saying the opposite to you (that yes he is responsible but his insurance are in charge of it) do you not think it might be you and him who are being unrealistic about this?

PaddyF0dder · 17/01/2020 12:06

Hey OP, it’s ok to drop the pretence and admit the “friend” is you. It’s fine.

Aposterhasnoname · 17/01/2020 12:06

His insurance have just told him to forward everything to them

He plans to wait for the inevitable solicitors letter then call his insurance

I’m getting more confused by the minute, has he called his insurance company or not?

Mummyoflittledragon · 17/01/2020 12:09

He needs to talk to his insurance company NOW. The longer he leaves it, the more likely he will be financially ruined as the insurance company will not stump up court fees it didn’t agree to. The insurance company therefore needs to settle before it goes to court.

ProfessorSlocombe · 17/01/2020 12:10

Trying to read the runes it seems things have spiralled (a) out of control and (b) in the opposite direction than intended.

There is nothing funnier - and/or sadder - than someone who has resisted every single piece of good advice they have received and ends up a serious cropper as a result.

www.bbc.co.uk/news/uk-england-hereford-worcester-49641063

A man spent £30,000 of his savings on a failed legal battle "for justice" over a £100 speeding fine.

Richard Keedwell, 71, said a "seriously flawed" legal system meant fighting the fine had taken nearly three years and used up his sons' inheritance money

...

The comedy gold here is that even though a court has decided, he is still in the right (in his universe). Whenever someone tries to tell me off for being nasty and cynical and for daring to believe that some people really are thick as mince, stories like that crop up.

thecatfromjapan · 17/01/2020 12:11

You refused to hand over insurance details and didn't inform your insurers, did you?

Clappingforjoy · 17/01/2020 12:12

Lets get it straight that it's not me and I am not liar.

OP posts:
Clappingforjoy · 17/01/2020 12:13

And nothing has been withheld

OP posts:
GiveHerHellFromUs · 17/01/2020 12:14

Just because you no longer live there doesn't mean the story doesn't involve you

thecatfromjapan · 17/01/2020 12:14

OK.

In that case, your friend needs to speak to his insurance company.

Fast.

But he is also a bit stubborn and not giving you the whole story.

Clappingforjoy · 17/01/2020 12:14

People are getting stupid now

OP posts:
SchadenfreudePersonified · 17/01/2020 12:14

Is this how it works then despite him not causing the fire because it's like a fire starting in a forest sometimes its a freak of nature

ANYONE could claim they didn't start a fire. The court will decide (on the balance of probabilities) whether or not that believe them.

Yes - fires can start spontaneously "in a forest sometimes it's a freak of nature", but this freak occurs in long hot summers, when there has been no rain for weeks, trees and grasses are as dry as tinder. and it is a particularly hot day which causes leaf litter to become increasingly hot, until it combusts, and then the flames spread to other areas, or from the effects of dry lightening - flashes which hit the ground many miles from the storm cloud, and will ignite dry trees and vegetation.

They don't happen in cold, damp weather, particularly if there have been no storms.

I think your "friend" has inadvertently failed to extinguish and cool his weed burner, and it has re-ignited (wood fires are especially prone to pretending that they are out, and then sneakily re-igniting - that is one of the things that makes forest fires so difficult to deal with - they smoulder out of sight and it takes only a tiny breeze/draught to fan them into life again.).

I think you also seem remarkably invested for someone who is no longer with your "friend". In view of the overwhelming opinion on here that he is on a hiding to nothing, I think he would be better to accept liability, apologise, say it was accidental (and I'm sure it was), and pay up.

Alternatively he could go down the nature route, I suppose.

Is there any chance that there is a Phoenix nesting in his garden?

FlibbertyGiblets · 17/01/2020 12:15

This thread is as complicated as Wolf Hall with all the he said he said he said.

GiveHerHellFromUs · 17/01/2020 12:16

The court will decide (on the balance of probabilities) whether or not that believe them.

Have you been swotting up on your Judge Rinder legal advice @SchadenfreudePersonified? Wink

Puzzledandpissedoff · 17/01/2020 12:16

Next door had solar lights hanging over the adjoining fence

I wouldn't worry about that; your average firefly lights up like the surface of the sun compared to most of them

Brilliant thread though ...

Clappingforjoy · 17/01/2020 12:16

I wasnt living there when it happened I just dont want to see him dragged through this he is only human after all and if you lot could never feel this way then I guess your all heartless.

OP posts:
Hazelnutlatteplease · 17/01/2020 12:17

Your friend needs to hand the insurance details over to the neighbours and pass correspondence to his insurance company.

The point of insurance is that you pay a small amount so when something goes wrong you dont pay a large amount. Your premium may go up a little after a claim, not always.

It doesnt matter if youve/ you friend has been a dipstick on contacting the insurance company previously. You can still do it now asap.

Did i mention phone the insurance company

VenusClapTrap · 17/01/2020 12:19

Just popping my head round the (shed) door to say that weed burners are bloody lethal. I accidentally set fire to my own garden with one, a number of years ago. I had been burning some weeds in a gravel path next to a flower bed. Unknown to me, the flower bed started smouldering and the fire travelled under the mulch all the way along the border. Flames eventually surfaced about ten metres away, I kid you not.

It was a bastard to put out; who knew flower beds were so combustible.

GiveHerHellFromUs · 17/01/2020 12:19

We're not heartless we're just considering the feelings of the real victims.

We've also given you a lot of advice you're choosing to ignore.

Clappingforjoy · 17/01/2020 12:20

They had his insurance details shortly after the fire

OP posts:
GiveHerHellFromUs · 17/01/2020 12:20

@VenusClapTrap did your neighbours have solar lights because if so it might not have been your fault

Clappingforjoy · 17/01/2020 12:21

Well I know he wont admit any liability because he doesnt know how it started and if he did then his own insurance could come after him as well

OP posts:
VenusClapTrap · 17/01/2020 12:22

@GiveHerHellFromUs funnily enough they did... I must have a word....

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