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DESPERATE FOR ADVICE PLEASE!
Profile | Posted by | Options | Post Date |
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Heather | Report | 16 Jun 2005 11:20 |
Exactly Jane, we had been very close to our old neighbour, I had virtually looked after her the last couple of years. When we knew new people had bought the place we thought they would be 'nice' everyone else along here is and we all get on well, lending tools and stuff and giving lifts. Yes, if he had been sane, hubby would happily have lent him scaffolding and cement mixers and stuff, just as we do the rest of the road. He is a pig, so he thinks like a pig and imagines bullying will get him anywhere. |
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Mandy | Report | 16 Jun 2005 11:30 |
My Aunt had a very similar problem with a new neighbour soon after he moved in. She lived in a very small, close knit village and was used to leaving the door open. She was in the bath one day and the dog was going mad, the neighbour had let himself in and was walking upstairs to have a go at her for complaining about him removing her fence and replacing it 18' on her side of the boundary. She ended up scaring him off with her late husbands shot gun (it wasn't loaded be he wasn't sure!!) She just let him think she was a 'mental old bat' and out of control. At what piont was this 'person' reasonable toward you and earn any right for you to be reasonable in return? If you actually proceed with court action against him ( and I should think that you have grounds for this on several counts ) He would be forced to take heed of legal advice and pay costs most likely. In spite of the fact that you have already spoken to the planning dept about some of the issues it might be an idea to write EVERYTHING in a letter and give it to the planning committee. Ask them if they can put his building on hold until it has been put before a planning comittee meeting. Suggest that he needs better guidelines as it appears that he doesn't have a grasp of laws and regulations that govern building. Think its time for the gloves to come off TC!!!!!!!!!!!! Mandy :-) |
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Heather | Report | 16 Jun 2005 12:47 |
Yes I am coming round to the idea to fight this pig we have to be pigs too. But it is so hard when you arent one! Ive just been talking to my sis on phone. She says 'do this, do that' and I said to her, that is just what I would say to anyone else but when you are actually in this situation, the obvious and right things dont seem to work. You go to solicitor and although you have EVERYTHING to prove you are in the right they um and er, same with planning, same with courts. Its just not right will win through - it really isnt. Well, all these traveller sites have proved that havent they. No leg to stand on, where have they got the hundreds of thousands to buy the land? How come they dont have car tax or insurance but dont get done? And when they are told to go, they dont. Its maddening, it really is. At the beginning of all this, I thought, one letter pointing out the facts and it will be over. No way. |
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Scrummy | Report | 16 Jun 2005 19:22 |
Phone the Planning Dept and ask to speak to the enforcement officer and I am sure he will come out and take a look and give you advice brenda |
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Suzieuki | Report | 16 Jun 2005 21:25 |
I agree phone asap, if he shouldn't be doing it they can enforce it. Somone I know had a problem with neighbour wanted to put a gate in their fence to acces their garden through her property path. She thought at first they were just doing up the garden so didn't make any fuss when they trailed mixers, wheelbarrows, fencing etc through...being a nice considerate neighbour. Then they turned nasty as were found out about gate cost my relative some in solicitors fees and was more difficult as had left it and allowed acess to start the job. Goodluck. |
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Heather | Report | 16 Jun 2005 21:47 |
Yes, decided to go tomorrow and sort it. Trouble is, knowing our luck, they will say, oh no that will be fine! Thing is these people honestly dont seem to realise they are doing anything wrong, do they. I mean when they came to view the property, did they walk round thinking, oh yes, we can cut down the neighbours trees and then we will remove their bike shed ..........it beggars belief doesnt it. I mean when you buy a place you respect everyones privacy and property not ignore that and blunder on. |
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Felicity | Report | 16 Jun 2005 21:52 |
My (very wise) father has told me on a number of occasions that you can't deal with unreasonable people by being reasonable - and he is absolutely right as I have learned to my cost. It isn't really anything to do with your level of 'niceness' and honestly, in the end, what does it matter what he thinks of you, it's not as if he has given any sign of caring a jot what you think! Really, do what you have to do to protect yourself and your health and use whatever means are available to you. Sometimes you just have to fight fire with fire and make the best of any ashes that are left. You've been given some very good advice on this site from some very knowledgeable people. All you need now is the courage to take it. With very best wishes to you and your husband. xoxoxo |
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Jane | Report | 16 Jun 2005 23:02 |
TC, Good luck for your mission tomorrow! All the best, Jane x |
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Heather | Report | 17 Jun 2005 08:51 |
Well, went to bed last night determined to go but hubby awake at 4.30 a.m. saying he thought it could escalate the trouble and the thing is guys, he isnt frightened of this pig but frightened what he may do to him if it does escalate. Felt a bit choked that we havent gone but I do understand what hubby is saying. We could end up in deep poo if he reacts next time. I think I shall just keep all the photos in the file and use them at a later date if things come to a head. This is really making our lives a misery. |
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Scrummy | Report | 17 Jun 2005 10:12 |
dont let them win !1 Go to the Planning Office and ask to speak to the enforcement Officer - they are used to dealing with difficult people !! brenda |
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Peterkinz | Report | 17 Jun 2005 23:00 |
TC I have been sitting back for weeks watching this saga. It really is time you changed your name to totally indecisive! Get off your backside and do something, it isn't acting like a pig to defend yourself against a bully. Let the worm turn. 1. Send him a bill for reinstatement of the damage he has caused. 2. Ring your planning department. Insist on speaking to the head of department and then insist that he visit you personally and look at the situation (You are paying his wages). Don't take no for an answer. 3. Talk to your solicitor again. Take out an injunction to stop the pig coming onto your property. 4. Get ready to take him to court if he doesn't pay the bill you sent him in 1 above (when you send him the bill - give him seven days to pay! If you hit a bully often enough he will turn and run. Get with it lady - give him hell!! Peter |
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Rosemary | Report | 17 Jun 2005 23:20 |
TC, Do not be afraid to contact your local planning office. Also do what somepne else suggested, talk to the Citizen's Advice Bureau. Also, involve your local Councillors. They are there to help you. Above all don't let this man get away with what he is doing. Rosemary(Essex) |
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Heather | Report | 18 Jun 2005 11:19 |
Hi guys many thanks. Its not indecision - its my husband fears an escalation. I have got off my backside!! I have gathered singed witness statements going back to 1947 when our house was the first built on farmland, from neighbours, from the gardener who tended next doors garden for 20 years, from bt wayleaves and english heritage aerial photography archives. I also have photos of the damage, of the removed boundary sakes and so on. We have threatened him with an injunction. We have now arranged for a chap who has maintained our hedges/trees over the last 13 years to come and price the work - though of course you cant replace plants my deceased mum and neighbour gave me. We have written to him giving him 21 days to agree in writing not to commit any more damage or we will immediately issue proceedings for damage, loss and reinstatement and costs. All he did was ring our solicitor mumbling about not disputing the trees (he has lost interest in removing them now that the Building Inspector made him do deep foundations anyway) but our bike shed protrudes into his passageway (I wish it did). Again this is because I overheard him saying he needs 3 extra inches to get a jcb by! He has removed the original (put up by neighbour) fence panels between the two house side walls and dug and raked over the post holes! Fortunately we also took photos of the panels before he did so. This shows our bike shed 4' our side of the panels. Our solicitor seems to think that if we take him to court it should be crown court because it is a boundary dispute but I cant see that, if we claim for damages etc we could surely do that in small claims. I already have the pack to do that as soon as the 21 days are up. |
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Jane | Report | 19 Jun 2005 12:48 |
TC, Great stuff ... keep up the pressure! But do try to keep a perspective whilst you beat the pig into submission ... if you don't ensure you 'have a life' whilst you fight him, he will have won just a little bit! He has played outside of the rules, you can beat him using the rules. Wishing you continued good luck, Kind regards Jane |
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Phoenix | Report | 20 Jun 2005 16:47 |
Good for you T.C. - don't let him bully you. It is true what they say - sometimes you have to fight fire with fire. Keep at it and keep your chin up - you'll get there in the end. Kaye x |
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Deanna | Report | 20 Jun 2005 16:55 |
Angie, I have absolutely no advice to give you. BUT, you have all my sympathy. We have had nieghbours from HELL. AND HOW? I just hope your solicitor can sort it for you. It seems such a shame, that a peaceful nieghbourhood for so many years should be disrupted in this childish manner. Best wishes. DEANNA |
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Animal Lover | Report | 22 Jun 2005 23:45 |
Hi TC - how's it going? Have you got any further with pig? J |
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Sharron | Report | 23 Jun 2005 00:32 |
Is your parish council involved.They often have a voice that you don't.Get them in and they can call in the big guns more easily. |
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Heather | Report | 23 Jun 2005 08:09 |
Hi guys, Ive kept quiet as I thought it was becoming boring for you all. Well, not a lot to report - tomorrow the 21 days we gave him to give written agreement not to damage any of our property is up and obviously no such written agreement arrived,. I guess next step is to go to small claims court. Have got three different guys coming to give us a quote for panel fencing and replacement of our plants/shrubs. Trouble is we have to pay for them and them try to claim the money from pig. The law is an ass guys, dont ever imagine that although you are totally in the right that things will come through for you. I have to phone solicitor which Ive delayed as he charges £175 an hour. I thought Id get Cherie Blair for that much. Im going to ask him to send pig a letter saying, we have to regain our privacy (the gap in hedge is just outside our back door, next to the patio where we can no longer sit without seeing the pigs grinning face when he comes on site) and that it came to xxxx and that we hold him responsible for payment. If he doesnt pay then he will have to go to small claims in defence and I cant see what defence he could possibly give! But the laws an ass as I said. If he doesnt defend and doesnt pay then we would get judgment in default which would land him with a CCJ which would be some consolation. Very very tired. When he comes and kangos concrete our house vibrates with the noise. He only comes evenings and weekends so we have no relaxation when hubby comes in from work. And to add insult to injury, neighbour two doors down thought it was us making all the noise!!Put him straight on that one! Went to local planning office yesterday. Its only our little town one - one room, two people. Asked if I could see files for pigs plans at this place and at the place he is living. As told through a friend of a friend that he cant sell that place due to planning infringements. Id like to see if this is true as it could be useful if we have to go to crown court. Have to go back next Tuesday. Thanks for your support, and when I get through all this I am taking Briefs for anyone with similar probs! Love xx |
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JackyJ1593 | Report | 23 Jun 2005 08:14 |
I wondered what was happening. Don't forget to take photos as you go along of everything you do incase of any 'alterations' made by others. If the kango is going on evenings, I would have thought there would be some by law he was infringing. Might be worth checking as environmental health do act on noise problems. Good luck and keep posting updates. Jacky :-) |
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