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Neighbours from hell/ legal insurance difficulties

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  • Neighbours from hell/ legal insurance difficulties

    Hi
    I'm wondering if someone could provide some advice

    In March 2021 neighbours from hell moved nextdoor ( i live in a terraced house). They are really really loud, inconsiderate and anti social (swearing, smoking weed, kids screaming from 7.00am until gone midnight in the school holidays, bang up and down uncarpeted stair case, shout really loudly at football matches, burning waste in the garden) but I was friendly towards them hoping I could just move away after redecorating my home. However they undertook DIY ( removed all carpets and smashed off all the plaster from the walls and took down ceilings etc) 7 days a week, often outside sociable hours. After 3.5 months of this I knocked on their door to ask them to stop hammering plaster off a party wall at 9.30am on a Sunday morning and since that time they've gone out of their way to make my life hell.

    First they started to shout at me that my gutter was on their property and that I needed to remove it immediately. I advised that they would need to get a solicitor to write to me about it as I purchased the property with said guttering 8 years ago. They refused but kept shouting at me at about it whenever I was in the garden or in my conservatory. They threatened to have lots of loud parties and to grow a hedge which is a boundary feature on their property as high as possible to block my light or remove it completely and install 10ft high fencing. They shouted at me to go and die if I was in my garden or conservatory and would scream, shout, tap on the fence loudly or refer to me in derogatory terms and on one occassion shouted at me in the street which I recorded on my phone.

    One evening in August 2021 they cut the hedge in half lengthways, threw the branches onto my property and then at me when I told them to stop. I was having a video call with a friend when this happened so have a witness. The following day I was shouted at and threatened with violence whilst in my garden and recorded my neighbours shouting insults and that they were going to let their fence, another boundary feature fall down, which it did in Feb 22. I reported them to the police who gave them words of advice.

    I installed solar CCTV. This wasn't enough of a deterrent. They started kicking footballs on to my land and casually walking on to my property to retrieve them as well as making loads of noise if I went I to my garden or conservatory and placing a site radio right by my conservatory and playing really loudly even though they weren't even there. I erected chicken wire to stop my dog entering their garden which they then cut but was too far away for my CCTV to be triggered. I reported this to the police and purchased wildlife cameras for the end of the garden and build a barricade with compost bins. They still continued to enter my garden.

    They parked over my lowered kerb to my drive or an inch from my car despite their being plenty of space in the road, all of which was captured on my CCTV. They eventually erected fence panels to replace the broken ones, but put them on my land by about 15cms and continued to refer to me in derogatory terms or make a lot of noise if they thought I was in the garden or my conservatory. They periodically removed fence panels so they could see into my house and when I was in the garden. They started shouting really loudly on the phone next to the boundary by my conservatory doors and got their kids to scream and shout when i returned from work. The noise and stress got so much that I couldn't work and resigned my position and didn't work for a number of months.

    In November 22 I was assaulted by the male neighbour when I challenged him whilst he was trespassing in my garden after winds blew down a fence panel and some of their belongings were blown into my garden. I called the police who had words with them and took photos of the bruising on my arm where I was dragged about.

    i had a topigraphical survey undertaken on advice of my legal insurance company which shows that their fence is on my land and that the remainder of the hedge is also on my land. I purchased proper CCTV which I have in my garden, out front and inside my home to record noise upstairs and downstairs as they shout and scream and undertake sparodic diy at unsociable hours though neither of them work.

    Most recently, at the end of June 23 as I was trimming the top of my hedge as I have done since they cut the hedge in half, they began screaming and shouing and screaming at me trying to claim that the hedge was theirs and were calling me insulting names. The episode went on for hours and its all recorded as well as one of them telling their children thatvthey did it for fun. I called the police whomrevorded it as harassment. I have over two years worth of events recorded.

    Having passed all the relevant information to my legal insurance company today they have advised that I'm not covered because based on the information they cannot say my chance of success is over 51% because

    1. The incidents appear to be directed towards me, not the property. The matters are more akin to harassment than nuisance and is therefore not covered by the policy
    2. It might be difficult to difficult to prove that my neighbours ought to know their behaviour amounted to harassment given that it's more their day to day behaviour (shouting, diy)
    3. Trespass issues didn't seem Court worthy

    Can nuisance can be intentional? If so how does one distinguish one from the other?

    I'm at my wits end. I've called my insurance company to speak further about the matter and they advised that they are going tomrequest some funding so that I can obtain further advice. Meanwhile I'm absolutely devastated and can't help but feel my insurance company is just trying to find a way not to pay for any legal representation.




    Tags: None

  • #2
    It's funny how insurers don't like paying.

    Based on what you have written, you appear to have strong grounds to bring a case for harassment. See if you can escalate this to someone higher up to review.

    In the meantime, keep a log of all events, if you are not already doing that.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Although it's not a Council property, you can contact Environmental Health -

      https://www.gov.uk/report-noise-pollution-to-council

      https://www.gov.uk/how-to-resolve-neighbour-disputes

      Comment


      • #4
        Originally posted by Blinkin73 View Post
        Hi

        Having passed all the relevant information to my legal insurance company today they have advised that I'm not covered because based on the information they cannot say my chance of success is over 51% because

        1. The incidents appear to be directed towards me, not the property. The matters are more akin to harassment than nuisance and is therefore not covered by the policy Have you checked your policy wording to see if harassment is specifically excluded?
        2. It might be difficult to difficult to prove that my neighbours ought to know their behaviour amounted to harassment given that it's more their day to day behaviour (shouting, diy) Why mention that if harassment is not covered?
        3. Trespass issues didn't seem Court worthy Says who???
        Who issued the policy?
        can you post up the wording or a link to it?

        I bet you are actually dealing with a claims management company and not directly with the insurers

        Comment


        • #5
          Re point 2: whoever said this does not understand the law relating to harassment.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            The reply I got today...

            "​

            We have received the merit assessment back from our panel solicitors and unfortunately the policy requirements have not been met.



            The solicitor has reviewed the case and based on the information provided cannot the prospects of success above 51%, which is a policy requirement that must be met in return for cover.



            They have advised as follows:



            "Trinity should check whether these issues are covered by the policy. Sometimes nuisance

            under the policy is in respect of a legal nuisance that affects the property itself, rather than

            one that affects the person.

            It may be possible to bring a claim under the Protection from Harassment Act 1997, but you

            would need to show a course of conduct which amounts to harassment of another, and which

            he/she knows or ought to know amounts to harassment of the other. That might be difficult

            here, if the neighbours’ conduct is more their day to day activities (eg. loud voices, DIY etc).

            The PH should make enquiries of the local authority if she has not already done so, as they

            have anti-social behaviour powers and can sometimes install noise monitoring equipment

            which can be useful evidence to bring a civil claim.

            Issues of trespass are mentioned but none seem worthy of court action."



            Following the above, we further reviewed the definition of a legal nuisance, alongside our panels solicitors and they further advised:



            "Whilst I accept that the incidents that the insured complains of would interfere with her use and enjoyment of her property it appears that the incidents are directed towards the insured personally and do not directly concern the property.

            In my opinion the matters are more akin to harassment which appears to have started after the insured first complained about noise in June 2021 from building works."



            The Protecting Property from Damage section of cover, provides cover for professional fees to (1) take legal action relating to an event which causes or could cause physical damage to your home or personal possessions that you own or are responsible for (the damage must have been caused after you first bought this insurance); (2)take or defend legal action relating to a legal nuisance; or (3) take or defend legal action relating to a claim that our legal rights relating to owning, living in and using your home have been broken (someone trespassing in your home), based on the advice received from our panel solicitors, the claim you are wanting to pursue is seen more as a claim of harassment, and not a legal nuisance, and as such the claim does not fall within the scope of cover.



            I do understand that this is not the outcome you were hoping for, but due to the above and as our panel solicitors cannot assess the prospects of success above 51%, we cannot assist further with this claim.







            Kind regards,
            ​​​​​​

            Comment


            • #7
              I will try to get the wording of the policy now.

              I literally have numerous recording for nearly every week they've lived at the property. Some of their actions are just pure nuisance such as the banging I hear when they go upstairs after removing all the carpets, the od diy they do at unsociable hours, them shouting with their back door open so you can hear them 90ft away at the end of my garden, them yelling at football as though they are in the stands (they are doing it as I type) or yelling and swearing on the phone in the garden, which they do most days if the weather isnt too cold. Other bits like making it unbearable to be in my garden due to insults and noise and deliberately being noisy by my conservatory are definitely harassment.

              I've already spoken to my insurance company and expressed how disappointed I am as it seems that they are just trying to find a way not to fund a legitimate case. They've since said that they are going to refer me to someone to see if they can get some funding for legal advice. But I need an injunction. My neighbours won't stop until they are made to. Their kids are joining in, shouting at me and calling me lazy if I don't go and return their balls straight away, shouting and swearing in their home so loudly I can hear them through my walls, trying to climb over the barricade I built to stop them entering my property....I can't go on like this.

              Comment


              • #8
                What is insured?
                This policy covers the cost of professional fees charged
                by a claims handler, solicitor or accountant following
                an insured event.
                The limit we will pay for any one claim and the total
                amount we will pay in any one period of insurance is
                £25,000.
                We will pay for the following insured events that arise
                during the period of insurance:
                Personal injury - to take legal action for damages
                against another person or organisation, as a result
                of an event which has caused death or bodily
                injury to an insured person.
                Consumer disputes - to defend or pursue legal
                action arising from a contractual dispute relating
                to an agreement which an insured person has
                entered into for receiving services, buying, hiring
                or selling personal goods.
                Buying and selling property - to defend or pursue
                legal action arising from someone breaking the
                terms of a contract to buy or sell your home.
                Protecting property from damage - to defend or
                pursue legal action connected to a legal nuisance
                or trespass.
                Identity theft - to deal with credit reference
                agencies. To assist in removing any criminal or
                civil judgments which have been wrongly entered
                against the insured person.
                The policy also provides free access to a legal
                helpline service, providing advice and assistance
                on any private legal problem under UK law.

                Comment


                • #9
                  The company is policy expert, I'm dealing with Trinity Claims

                  I'm just going to go and find what is not covered and copy it here

                  Comment


                  • #10
                    What is not insured?
                    There must be reasonable prospects of being
                    successful in your claim (where we and the
                    authorised professional agree that there is at least
                    a 51% chance of the insured person achieving a
                    favourable outcome) for us to take over the claim
                    on your behalf and appoint a specialist.
                    We do not cover any activity connected to a
                    business or trade.
                    We do not cover claims against another person
                    who is insured on this policy, or disputes between
                    an insured person and their family (including
                    divorce or marriage disputes).
                    If an insured person is entitled to legal aid, our
                    liability will be limited to an amount equal to any
                    assessed income-based contribution the insured
                    person must pay towards professional fees under
                    the Crown Court’s means-testing scheme.
                    We do not cover any professional fees involved
                    in defending or pursuing new areas of law or test
                    cases.
                    We do not cover any claim directly or indirectly
                    arising from an allegation of mis-selling financial
                    services or products or not managing them
                    correctly.
                    We do not cover any damages, fines, compensation
                    or other penalties a court or other authority orders
                    you to pay.
                    We do not cover the excess of £250, which is the
                    first part of every claim that you must pay.

                    Comment


                    • #11
                      So how do I challenge my legal insurance company?

                      Comment


                      • #12
                        More in depth wording...Will have to copy and paste in a few parts but it doesn't say that harassment is excluded but does only mention nuisance in the section about what is included


                        "What’s covered?
                        .................................................. .................................................. .................................................. .................................................. ..................................................
                        Insured events
                        We will pay your claim (and if you ask us to, the claim of any other insured person) for professional fees
                        on our standard cost basis.
                        We will pay up to the claim limits for the following insured events that arise during the period of
                        insurance, as long as you keep to all the terms, conditions and exclusions of this policy.
                        We do not cover the amount of the excess, as shown in the schedule.
                        We will provide this cover as long as we and the authorised professional agree there is at least a 51%
                        chance of you achieving a favourable outcome, and the costs of the legal action are less than the value of
                        any damages that are likely to be awarded as a result.
                        1. Personal injury
                        Professional fees to take legal action for damages against another person or organisation as a result of an
                        accident resulting from one single event, which has caused death or bodily injury to an insured person.
                        If the legal action is going to be decided by a court in England or Wales and the damages you are
                        claiming are above the limit for small claims, the authorised professional must enter into a ‘conditional
                        fee’ agreement. This means they will not charge all or some of their own fees if you fail to recover the
                        damages that you are claiming.
                        What we don’t cover
                        Professional fees:
                        1. arising from any illness or bodily injury which develops gradually or is not caused by a specific or
                        sudden accident;
                        2. arising from stress, mental illness or psychological-related conditions unless the condition follows a
                        sudden accident that caused injury;
                        3. arising from defending your legal rights in claims against you, but we will cover defending a
                        counterclaim (a claim another person makes in response to a claim you have made against them); or
                        4. if the damages you are claiming are below the limit for small claims. We will not cover professional
                        fees, but you can call the legal advice helpline for advice on how to take your case further.
                        2. Consumer disputes
                        Professional fees to defend or pursue legal action arising from a contractual dispute relating to an
                        agreement which an insured person has entered into during the period of insurance for:
                        1. selling their own personal goods; or
                        2. buying (including under a hire-purchase agreement), hiring, or receiving goods and services for
                        personal use.
                        We will pay costs for any dispute about advice, specification, design, construction, conversion, extension,
                        renovation or demolition relating to any land or buildings, if they are part of your home and the contract
                        value is less than £20,000 (including VAT).
                        Claims that fall within the small claims court
                        We will pay appropriate experts to build your case, and court fees, as long as the value of the goods or
                        services in dispute or the total instalments due at the time of making the claim is more than £250.

                        Comment


                        • #13
                          Legal Select policy wording 15 What we don’t cover
                          Professional fees arising from:
                          1. any contract entered into in connection with the insured person’s profession, business or trade;
                          2. planning disputes;
                          3. any amount paid under an insurance policy; or
                          4. disputes with local, public or government authorities.
                          3. Buying and selling property
                          Professional fees to defend or pursue legal action arising from a dispute over the terms of a contract to
                          buy or sell your home.
                          What we don’t cover
                          Professional fees arising from:
                          1. claims where you bought this policy after the date you completed the sale or purchase of your home.
                          4. Protecting property from damage
                          Professional fees to:
                          1. take legal action relating to an event which causes or could cause physical damage to your home or
                          personal possessions that you own or are responsible for (the damage must have been caused after
                          you first bought this insurance);
                          2. take or defend legal action relating to a legal nuisance; or
                          3. take or defend legal action relating to a claim that your legal rights relating to owning, living in and
                          using your home have been broken (someone trespassing in your home).
                          What we don't cover
                          Professional fees arising from:
                          1. damage or potential damage to any land or buildings other than your home;
                          2. claims relating to planning, building, extending, altering, converting or demolishing any building on
                          your land;
                          3. disputes involving leased or rented property, or relating to or arising out of any tenancy agreement or
                          a licence to use land or buildings;
                          4. actual or planned construction, closure, adoption or repair of roads or bridges, or the actual or planned
                          construction, demolition or adaptation of buildings, housing or other work;
                          5. claims relating to damage to goods covered by another insurance policy; or
                          6. claims relating to subsidence, heave, landslip, mining or quarrying.

                          Comment


                          • #14
                            My claim should be under s4 Damage to property. It only mentions claims for legal nuisance, but does not exclude harassment.

                            I don't understand how thy can say my neighbours actions are against me not the property...the value of my property is significantly diminished because of my neighbours actions

                            We are way beyond Envirnmental health being involved. And the fact is they have very limited role these days and very limited resources such as sound recording machines recording. There is a big wait for them because there are so many selfish people in the world today unfortunately
                            Last edited by Blinkin73; 21st August 2023, 20:49:PM. Reason: I forgot to mention something

                            Comment


                            • #15
                              I've found out how to complain.
                              I guess my claim should come under 4 (3) legal nuisance and 4 (3) "take or defend legal action relating to a claim that your legal rights relating to owning, living in and using your home have been broken

                              Comment

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