HELP PLEASE WITH CIVIL LAW-NEIGHBOUR DISPUTE!!!!

[tahira]

Hi
Recently our neighbour's dog escaped into our garden and caused damage to our garden-broke pots and garden lighting. When we told them about the damage they were not apologetic and didnt offer to pay for the damage (as you'd expect any decent person would do). They made excuses and said they would get round to fixing the fence. They did not keep us informed as to their intentions at all so the next day I contacted the local dog warden through the Council who went round and said they had to fix the fence within 7 days. They made more excuses and said that they couldn't because of our shrubs. I wrote a letter after speaking to a professional fencer (who said they were talking a load of crap) and put in his details.
They have now got the fence fixed but are refusing to pay for the damage caused because they say we have no evidence that their dog caused it. I have a quote from a landscaper who has put that there is evidence of dog poo and the dog is the likely cause.
These neighbours have caused trouble for the 2 previous owners so I don't want them to feel like they can push us around just because we're young and they're older.
Please someone help with advice

I had read the thread - today and during the week so posted in full knowledge of the 'background' you have presented on this thread.

This is one recent indcident. If is moves you to such a state of anger and emotion that you wish an old lady was dead and to judge her daughters life as sad because it doesn't mirror your choices suggests you need to develop other coping mechanisims.

I am pleased for you all that the issue appears to have been resolved.

Gomez
I have no problem at all with my coping skills, thank you very much.
As I previously said (and you did not respond to the comment), you obviously have no experience in this field.
Yes, it was a 1st time incident. They are now starting another one within a few days of the other being resolved. This is what has made me so furious.
I should be allowed to feel comfortable within my own home without having 2 busy bodies next door telling people in the local area we wanted their dog exterminated and generally stirring trouble and spreading lies.
If you have no experience in this, or any helpful advice to give, please do not comment.

Ah but Tahira whether I have or haven't had experience of neighbour disputes is neither here nor there I am afraid.

And as has been said many time before on this forum and many others the Internet is public and if you post, you should be prepared for comments you like and agree with and of course the converse.

Have you thought that if this woman is living at home with her elderly mother that they may not have much money to have done a fence immediately?

They may have spoken to someone who said he couldn't put up a fence without damaging your shrubs, our old neighbour had to walk on our border and theirs to replace their fence and despite being careful they did damage our plants. Just because they said something that didn't agree with what you were told doesn't make them malicious or liars.

You say you contacted the dog warden 'the next day' and you are already going on about claiming damages through the courts and collecting evidence. What are you going to do DNA their dog just to make sure it was its poo?

You have listened to others opinions about them and condemned them without giving them much of a chance from the sounds of it. Do you know word for word what they 'said' about you or have you had chinese whispers from other people??

Perhaps they have a right to be upset as you appear to have been confrontational and agressive over an incident that could have been solved with the cup of tea and discussion in the first place rather than dog wardens demanding they repair things in 7 days which is threatening to two women alone (and indirectly came from you). If they didn't repair in 7 days what was he going to do??? Take away their pet and destroy it???

Perhaps you need to take a step back and think that perhaps other neighbours are bad mouthing these women to you just as they supposedly are doing to you.

Have you thought that all this may be making the old lady ill and may contribute to her death??? It certainly isn't going to be make her last few months/years whatever stressfree and unhappy.

I think you may need to take a step back and calm down you do appear to have been very confrontational over the first problem you have had with them.

And just incase you are interested our previous neighbous had 7 cats who used our garden as a latrine (nothing you can do about cats they are outside the law) and the current ones scream, shout, swear, rant and rave nearly 24/7 and their kids call my DS's 6 year old bestfriend a 'paki'.

This has ended up a lot longer than I expected - sorry (-:

Tahira,
I think that perhaps the people next door should be able for the damage on their house insurance. I took out pet insurance for my dog and he got into a fight with another dog and when I went to claim on the pet insurance they said I had to claim through my house insurance??! I was a bit puzzled but appantly your dog is classed as someone within your household and it came under liability insurance (which may cover damage done to your property by thir dog). My house insurance company did cough up the whole vets bill without question.

Sorry, it's been a long day. I meant to say that they may be able to CLAIM on their house insurance.

Hi Kathlean
Thanks for your input-i do appreciate it and I'm not being sarcastic. Firstly, you have assumed that all this has taken a day to happen-I can assure you it has not!!!
I agree with all you've said to an extent which has made me laugh because everything that has been suggested has all been tried and tested. I never put down all the details of the case b4 because my message would have turned into an essay, but here goes....
On the night of the incident, they were both very unco-operative to the point of just being rude. When I mentioned the fixing of the fence they said they'd get round to it at some point. I said it was a matter of urgency especially as I'd been out in the garden with dd that afternoon and she said she would sort something the next day as she got back from work early. I never heard anything more of it. I contacted the dog warden because of their attitude the night before and the fact that we had no evidence anything was being done. I assumed they were doing nothing-which they weren't!!!
I won't apologise for that!!! If you'd had a huge labrador barking and actually throwing himself against your glass patio doors in the middle of the night-I'm sure anyone would do the same!!!
In the 1st letter I sent them I offered them round for coffee to resolve the problem (as I've already written in one of my previous message). I wrote them a letter so that it would not turn into a confrontation. I heard that she had told others in the neighbourhood as an admission from the horses mouth!!!She'd also passed my letter around to them. I told her that I'd heard she was a trouble maker and she started telling me about why she didn't like the previous owners, the ones prior to that and our other neighbours-again, an admission from the horses mouth. I never listen to heresay or Chinese whispers. I've got sense enough to make up my own mind.
Your comment about the dog warden-it was through the council!!! They do not destroy animals and it was down to him to demand the 7 days not me. It is obvious that the local council also thought this a matter of urgency. The warden also commented on the fact that people like that should not keep animals in such cruel conditions-kept out in the garden, even in the snow, no walks!!! He also said they were very unco-operative-would not allow him to check the condition of the dog.
The fact that the old woman is ill was only told to us very recently. Yes, it is unfortunate, but I'm sorry, it's not an excuse to not face up to your responsibilities!!! When we found this out we again invited them round to discuss the problem, again they refused. If it is making her last days miserable-that is her choice. We gave them options to resolve the problem amicably-they flat out refused!!!
The situation did become confrontational but this is because we were left with no other options. My husbands nan and I have a wonderful relationship (she's 84) and she's disgusted that someone should think their illness an excuse to not cough up. She is also ill. At the end of the day-we're all in a critical state-I could get run over by a bus tomorrow. I believe its even more reason to face up and correct mistakes you've made in your life.
Yes I did think about the fact that they may not be able to afford the cost but then knowing that they have the cable men and builders round there all the time made me think otherwise!! At the same time-why should I fork out for someone not being able to look after their dog properly. If you can't afford to contain and control him-you shouldn't own a dog!!!!
Did you ever think that maybe we, as a young family with a baby, may not be able to pay for the damage caused by someone else's negligence!!!
I tried every alternative before threatening court action. I had even got in touch with someone about mediation.

It is unfortunate that it was only the threat of court action that got them to face up to their responsibilites as decent human beings.
I have probably come across as being incredibly agressive but I've just been using this website as a means to vent my anger.
We were backed into a corner-forgive me for becoming emotional when my family's happiness is compromised!!!
The worse thing is that my gardener and the council's dog warden have said that what they say is not consistent. They say one thing one day, and another thing the other. Even conversations the daughter has had with me, she's then said she never had. Either she's a bit of a crack pot or she's simply a dishonest liar!!! The dog warden has nothing to gain by lying, nor does the gardener as he'd already been paid!!! It seems strange that anyone who's had any contact with them come out with the same comments. They were rude, unco-operative and the things they said were either excuses or just inconsistent (a nice way of saying lies!!!)
With regards to the fencing, the old lady admitted she'd not spoken to a fencer which is why I gave them contact numbers-I even arranged a quote for them for God's sake!!!
I can put my hand on my heart and honestly say that I tried my utmost to resolve this "like adults in an amicable fashion". What's exactly what I wrote to her!!!
I'm sorry that you seem to think it's acceptable for people to make excuses for their actions. We all live in an (apparently civilised) society. We should all be held accountable for our actions and be big enough to admit mistakes and attempt to correct them!!!

Katiepoo
I also already suggested it to them. My MIL has cats so I'm aware of the insurance thing, but judging by the condition in which they keep their dog-I doubt they bother with it!!!

"I'm sorry that you seem to think it's acceptable for people to make excuses for their actions. We all live in an (apparently civilised) society. We should all be held accountable for our actions and be big enough to admit mistakes and attempt to correct them!!! "

No I don't think it is acceptable I was merely giving my opinion on the facts as you had presented them. A lot of your posts have come across as very agressive whereas you are probably frustrated.

If you had wriiten what you just did in your original post then I probably wouldn't have bothered to reply apart from to tell you to throw their dog shit back into their garden as I ended up doing with my neighbours catshit (7 cats make a lot of shit!!!) (-:

My opinion is if you have pets, you should take responsibility for them, Out on the streets them owners would avoid a fine of the dog shitting and clean up its mess(which not everyone does i know),then why shouldnt they take responsibility of what there dog has done.
Dont give up, stand your ground with them.

Hi Red39 and Kathlean
Thanks for the encouraging comments. Our gardener told us to put the poo in a bag and give it back to them telling them not to leave their property in our garden. I didn't bother-didn't want to stoop to their level.
The funniest thing is that this old lady who is apparently critical (wouldn't surprise if that was also a lie) came running out to tell my gardener to clear up some leaves that fell into her garden. She may be old, but she's definately not frail.
With the problem at hand, what do you suggest I do?
What should I do if they persistently try to aggrevate us?
Ive kept all the reports from the dog warden and gardener in case they continue troubling us in the future but how do you think I could prevent it from starting up again????
Any helpful suggestions would be appreciated!!!

TBH I dont speak to my neighbour, after a dispute, the last words I said to her was PISS OFF.(cant go into to much detail but believe me she deserved it)
We just dont speak or have anything to do with each other which suits me fine!!!

Tahira,
We had to claim our liability claim through our house insurance not through our pet insurance. And we didn't have to pay any excess because it was a liablilty claim. Maybe too late for for your situation but useful for anyone with pets and no pet insurance!

Katiepoo

I have agreed that they pay for half the damage-that has all been resolved. Since then, they have started other issues with us.
Once the gardener had finished his job the neighbours called me to say their fence has been damaged. Their fence to begin with is rotting and falling to pieces.

The terminally ill mother came running over to the gardeners (not knowing I was standing in the doorway with their drinks) and had a go at them.
They said that it nothing to do with us and to dispute it directly with them, yet as soon as he drove away in his truck, the old woman was banging on my door insisting I get them to sort it!!!

Ah god, there's no helping some people. I know that it must be really hard and I know that I would find it difficult but it's maybe best getting half the money for the repairs and just completley ignoring them from now on. There are some people in life that just like moaning and being miserable. Don't let them bring you down!