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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Suing neighbour for character defamation

120 replies

CandiStore · 23/08/2020 20:10

A neighbour a couple of doors away got a dog several months ago which barked continuously when she left it out in the garden for long periods.

One Sunday when I was woken early yet again I went out and spoke to her, she was extremely confrontational and I stood firm, but didn't swear like her. She accused me of shouting out the window a few days previously to 'shut that f'kng dog up' but that I stated that had not been me (so obviously other people have been bothered and reacted).

I left it for a few weeks but struggled with early waking from the barking and on the days I worked from home my Teams meetings were disturbed.

I wrote a polite and convivial letter acknowledging that we hadn't got off to the best start when we spoke and apologising for that and asking her to tackle the barking as best she could, offering suggestions and telling her I was an animal lover too.

She has now written back, highly defensive, (using very poor spelling and grammar) saying she is fully aware that I have contacted the Council and failed to provide evidence of alleged noise nuisance - this was not me so how can she assume this? She has accused me of 'howling abuse' stating this shows my true personality, again untrue.

She accuses me of not being a pet lover. Basically she has made me look and sound really bad.

In her letter she has told me that after 'taking legal advice' she has distributed my letter and her letter in response to all the houses in the street.

I am planning to sue her for defamation of character because she has distributed a letter written to her only, made several attacks on my character and falsely accused me of being the person who contacted the Council (surely that would be confidential anyway?). This has obviously been upsetting and will negatively affect my reputation in the neighbourhood. My name and address are clearly marked on my letter to her so I will be easily identified. She had no right to do that without prior consultation.

Has anyone had similar experiences and can offer advice - I attempted to find a solution to this problem via an amicable and factual letter. AIBU to sue?

OP posts:
1Morewineplease · 23/08/2020 20:12

Go straight to a solicitor and tell them exactly what you’ve said here.

Thepilotlightsgoneout · 23/08/2020 20:13

It would cost you a small fortune. Instead, you could instruct a solicitor to write her a letter to warn her off, or perhaps call 101 and report it as harassment. Forget suing for defamation, that’s a dead end.

EveryDayIsADuvetDay · 23/08/2020 20:13

suing would be prohibitively expensive.
presumably a few of your neighbours know you, so unlikely to believe it, and are equally irritated by the noisy dog?

Minnie888 · 23/08/2020 20:14
Biscuit
Suzi888 · 23/08/2020 20:15

Personally, I don’t think you’ll get very far with suing your neighbour. It’ll just cost you ALOT of money to get a solicitors letter send to her which she will probably rip up.
Obviously you aren’t the only disgruntled neighbour, so is anyone going to listen to her? I can’t imagine many people like her.

MissLucyEyelesbarrow · 23/08/2020 20:15

Don't be daft. She can copy a letter sent to her to whoever she likes; she doesn't need your permission. And, by distributing it, plus her reply, she has probably got all the neighbours on your side - assuming your letter was as polite as you say.

And it's not defamatory to say that you contacted the Council.

You sound as silly as her, tbh.

tiredanddangerous · 23/08/2020 20:16

You could try but unfortunately I don't think you'd get very far.

DimidDavilby · 23/08/2020 20:16

I think that for you to have a case her slander would have to have cost you money or a job or something. Not just embarrass you.

Has she actually done this? Surely it just makes her look crazy if she does.

I don't think pursusing a legal avenue is worth the effort. Just speak to the council about the dog noise.

tiredanddangerous · 23/08/2020 20:16

You could try but unfortunately I don't think you'd get very far

Butchyrestingface · 23/08/2020 20:17

I don't really think you've got a leg to stand on. And really, why would you bother?

I seriously doubt she had no right to disseminate your letter. It became her property once you sent it to her, surely?

If your letter to her had the nice, polite tone that you claim it did, why should you care that she's distributed it to the neighbours? They'll draw their own conclusions from your 'convivial' olive branch and her splenetic rejoiner, no?

Allgirlskidsanddogs · 23/08/2020 20:18

Oh grow up.

Butchyrestingface · 23/08/2020 20:18

Who the hell voted 'YANBU'? 🤯

Show yourselves!

MissLucyEyelesbarrow · 23/08/2020 20:18

@1Morewineplease

Go straight to a solicitor and tell them exactly what you’ve said here.
Why not log it with 101 and cancel the cheque, while you're at it?
HeyBlaby · 23/08/2020 20:19

In all honesty you will get nowhere with this.

PlanDeRaccordement · 23/08/2020 20:19

It’s not character defamation if you are judged by your own words which you wrote in a letter to person X. The letter belongs to person X and they can publish it on the internet and in books, make a movie out of it etc all they want. Unless, of course, you have an enforceable nondisclosure agreement that person X has signed specifically referencing your letter as confidential information?

CrocodilesCry · 23/08/2020 20:23

A defamation action is a complete dead end - you cannot prove (as you have not suffered) any serious financial loss - because you haven't.

CandiStore · 23/08/2020 20:24

Wow thanks for the swift responses! Interesting points from you all. It's true she isn't widely liked and in comparison my letter wipes the floor with hers politeness-wise, so she does come across as silly and hysterical.

I appreciate the input!

OP posts:
NailsNeedDoing · 23/08/2020 20:24

How does it negatively affect your reputation if your letter was reasonable and hers is as crazy as she sounds? Surely people with have sympathy for you?

Justajot · 23/08/2020 20:24

What do you think your neighbours will think of the two letters? There's a reasonable, polite, friendly one trying to tackle the noise nuisance that the whole neighbourhood is experiencing and the crazy one. She's doing her own reputation more harm than yours.

heartsonacake · 23/08/2020 20:26

YABU. She has every right to copy your letter and send it on if she wants.

You’ll get nowhere with this and spend a lot of money in the process.

MissLucyEyelesbarrow · 23/08/2020 20:28

A defamation action is a complete dead end - you cannot prove (as you have not suffered) any serious financial loss - because you haven't

An individual doesn't have to have suffered financial loss to prove defamation - that only applies to organisations.

BlogTheBlogger · 23/08/2020 20:29

I think you will actually have a lot of support from what you have said - so she has done you a favour. She may find that now people know she has been reported to the council, they will follow suit and report her too

romeolovedjulliet · 23/08/2020 20:31

she sounds abit bat shit, the neighbours will have a laught with this one and no doubt await the next installment.

Howyiz · 23/08/2020 20:32

she does come across as silly and hysterical
Grin Grin

Hepcat75 · 23/08/2020 20:33

Some wrong answers on here. It's not like contract law and damages - you don't have to demonstrate you've suffered a loss - pecuniary; employment; whatever. Not my area but the definition is something like 'Lowered in the eyes of right-thinking people' so it certainly can be defamation if she disseminates material which makes your neighbours think less of you. That said your letter and her letter are v v v v v unlikely to be defamatory. If she plastered the area with pictures of you emblazoned with 'PSYCHO DOG HATING BITCH CONTACTED COUNCIL; WATCH UR BACK!!!!! you might be on to something. You'd need v deep pockets anyway. Not a good idea. If, as you say your letter is polite and coherent, and hers is bonkers, you've got nothing to worry about anyway.

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