jase555

basically i had a run in with a neighbour, it was reported to the police and i have been formally charged (long story),

basically guy wants £250 from me for the damage i have done to his door, i doubt this and i have been getting letters from his solicitor. Its the principal on this

where do i stand , i have asked him via his solicitor for valid information regarding to certain things

like

A few things have not been answered as to my first letter. The extract from Mr xxx's insurance is merely a letter quoting the excess, there is no “extract from the insurance policy” attached which I did in fact ask for, due to the nature of this incident we feel more information is required to proceed.

Secondly I did ask for an extract from the “police report” stating what the reported damage was done to the said door as this is an area of “uncertainty”, Mr xxx speaking to Officer yyy is infact no real proof.

Thirdly due to the longevity of this matter a point of contention has appeared. If the door was so badly damaged that it needs replaced to the sum of several hundreds of pounds why has Mr xxx not done this. If the door is damaged in such a way that it is not safe surely from security and insurance purposes this would need to be resolved as soon as possible not still outstanding nearly two months later. From this I would ask for a copy of the damage report that was issued to the insurance company stating “what was the damage” and “why it needs fully replaced” especially as the door is still in use.


Today I come home and have a solicitors letter saying you have 14 days to produce £250 or legal proceedings.

Basically this guy threatened my wife and family and because the witness is a minor no action can be taken, I reacted and from this have been charged with assault and breach of the peace, it has been reported to the fiscal but i need to wait and see if any proceedings are going to be taken.

Any advise please regarding the action

thanks

Sporky McGuffin

I would be inclined to think that you would be better asking your solicitor than anyone here.

bengie

speak to the CAB and their solicitors, very helpfull people

best of luck

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owner of a skoda octavia 4xvrs3

ncarring

Indeed - seems there are two sides, and yours would be best represented by an impartial legal counsel.

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Nick

North Wiltshire RoADAR

MisterGT

Have to agree. Seek Legal advice.

Dr Zoidberg

I'll quite happily advise in more detail (by PM if preferred) having had some experience of such matters , but at the end of the day the most important fact irrespective of whatever else has happened is , did you at any point do anything that could have damaged his door?

Reading between the lines it sounds like you did do , and if so then he would be quite at liberty to call a professional in to fix it and even minor damage could cost £250 to put right.

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Alex

"I laugh in the face of danger, then I hide until it goes away"

www.drzoidberg.co.uk

CupraR-Rog

1) Get legal advice pronto!! I believe you will be requiring a criminal law specialist here. (don't look so shocked! Driving offences are treated by criminal lawyers!)
2) Ignore said neighbour, and record any further attempts by them of witness intimidation, and threats to your family.

Info for you: A threat, or threateing behaviour is assault... hitting someone is battery. If the police are already involved this much, don't even call your neighbour a name! And record (writing good, voice recording better) anything said by them to you / family etc.

When you find yourself a solicitor, they will be able to advise you far more.

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Some people say I'm stark raving bonkers...
...the others just smile and nod...

heresmo

(extract) and have a better chance of getting formal information - if only because they know what they're asking for and where to get it from. Check out costs in advance though, including CAB, since you could finish up paying both your solicitor costs and £250 for a new door. I dunno if you would finish up paying theirs as well if it does go to court?

Now is the time to get good advice. Concentrate on the facts and decide whether standing on ceremony is worth the potential hit to your wallet.

I'm with the flow here - act properly and act quickly IMO.

Mo

Johnnyc

Speak to CAB. If there's any chance it could your responsibility just pay it. A bog standard mahogany door fully fitted with locks and door furniture could easily cost £250. If its a PVC door then £250 is a bargain.

I wouldn't go down the legal route over £250 if you have already been found responsible for damaging his door as the legal costs could easily cost more than this. Even if you go to court and win there is no guarantee the judge will award you legal costs potentially leaving you out of pocket either way.

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Johnny

"Americans have different ways of saying things. They say "elevator", we say "lift" ... they say "President", we say "stupid psychopathic git."

flyingscot

If you don't fancy paying for legal advice, try 5ive-o.com general legal section

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Colin

To come second is to be the first of the losers!

MikeF

you did it

pay up

if you admitted it and it goes to court then there could be trouble.

As for the letter, i dont think it holds any legal weight (wait to be proven wrong). It seems like a notice of intent letter, its there just to frighten you into paying up. Its bull**** really, its just notifying you that they may take legal action (well duuurrrr wasnt that already apparent) If you ignore it there are no issues but i am not a solicitor, i would as already stated get real legal advice

stopan1j

I would contact his insurance co and ask if a claim has been made for repairs to their clients car, if so the insurance company need to get the cost of the repairs from you I would have thought, as for the their clients access I thought if he was out of pocket by this element would be taken up through an uninsured loss claim.

I would take the action of dealing with his insurance company although you will have to pay I geuss as you have admitted to damaging the door however slight, at least you will be seen to be following the correct course.

Just my thoughts not an expert.

John

heresmo

Hi

I found a free legal service in the phone book, but can't remember who. However, here is one of several sites obtained by Googling: legal +free

http://www.clsdirect.org.uk/index.jsp

Also, you might find that your household contents policy offers a legal service, or one of your credit cards.

There might be something to be said for paying up just to try preserve a good-guy image, i.e. "I lost my rag under extreme provocation and am sorry" - just a thought.

mo

el richy

btw if your intension to procicute letter doesnt arrive in two weeks from the incident there can be no criminal investigation!!! thats how i got off a driving offence!

peterc10

Err don't think so. Otherwise police would only have 2 weeks to catch anybody for anything. Think about it - how many high profile crimes get solved within 2 weeks. Motoring offences have rules of their own that don't necessarily apply to criminal cases.