Neighbours from hell/ legal insurance difficulties

[Blinkin73]

Blabla

[Blinkin73]

Is this OK for a complaint ( happy to take constructive feedback)

To whom it may concern,

I am writing to you in response to your decision regarding the recent claim regarding my neighbours nuisance, trespass, criminal damage, assault and harassment.

Your response appears to be that my case doesn't have a 51% chance of success as my neighbours may not be aware that their behaviour is considered harassment or is regarded as more akin to harassment than nuisance and therefore it is not covered by the policy.

1. Some of my neighbours actions clearly fall into the nuisance category such as when they shout in the garden on the phone loudly often using profanities, when they bang up and down the stairs because they've removed all the carpets, when they shout indoors with the doors and windows open, when they undertake DIY at unsociable hours.

2. The law is quite clear that people don't have to be aware that their behave is considered harassment, only that they "ough" to know. I'm pretty sure that my neighbours know that referring to me as a **** or it and making as much noise as possible when I'm at home or in the garden will cause distress. The fact is I have footage of them loudly stating in August 2021 that they will let their fence fall down so we can have an open plan garden because they know it will be upsetting. Similarly the recording I have of them screaming and shouting at the top of their lungs whilst playing swing ball 3 metres from my conservatory and then one of them asking if I'm actually at home because they got no response from me strongly suggests that they know that their behaviour is likely to cause distress.

3. Your policy doesn't exclude a claim being made for harassment. In fact under heading 4, Damage to property, paragraph 3 expressly states that cover is provided to take or defend legal action relating to owning, living in and using my home have been broken and gives trespass as an example. I legally have a right to peacefully enjoyment of my home. I also have a legal right not to harassed or assaulted on my property

4. You state in your response to my claim that the numerous incidences of trespass are not Court worthy action, but the fences they have put on my property deprive me of using land that is legally mine and constitutes an ongoing trespass itself.

5. You've made no mention of the damage that it likely to occur to my property due to my neighbours allowing bamboo to spread and grow right beside my conservatory where it is likely to start compromise the foundations in time, let alone block out light to my property

6. You've stated that my neighbours actions are directed towards me personally and not the property. That seems pretty irrelevant. Damage has been done to my property because its value has significantly diminished due to my neighbours ongoing nuisance and harassment.

7. When I spoke to you on the phone in tears due to your response to my claim, you agreed to put in a request for funding for legal advice. What I need is an ex parte injunction given that numerous letter before action, CCTV and a number of police visits has done nothing to change my neighbours behaviour.

I would like my claim to be reviewed as I do not believe that I am not covered given the wording of your policy. Please .et me know if you would like any further information as I am aware that you haven't seen any of my recordings because you initially agreed to me providing links to the footage on an anonymous YouTube account and then at the last minute asked me to upload the hundreds of recordings somewhere else which I couldn't do.

Kind regards

[des8]

Assuming you do not live in an isolated position, do any of your other neighbours find their behaviour unacceptable?


I note "The policy also provides free access to a legal
helpline service, providing advice and assistance
on any private legal problem under UK law."

Have they given you any advice?

[Blinkin73]

The house on the other side of theirs is a rental property. Residents who lived there before the nuisance neighbours arrived moved away last year. They too experienced all the noise and had the neighbours trespassing onmtheir land. They chose not to say anything as they were concerned about reprisals and they could see what was happening to me. For context my nuisance neighbours present as really "rough" people. The male who is 6ft 3 ( who assaulted me a 5ft 3 woman) likes to shout about how good he was at fighting. Pretty sad when you're in your 50s but neither he nor his partner appear to have any insight or care about how they are perceived by others. I'd bet money that they both have a personality disorder of some kind.

Another neighbour further down the street reported that the on the first week that my neighbours moved in they shouted at her to move her vw camper van from the public road outside their house and trying to claim that spot for their own vehicle. She also reported that they have been making her life difficult ever since, calling her names and telling her noone likes her everytime their paths cross in the road. People around the area hear them rowing and swearing and have their homes filled with the smell of weed and bonfires and BBQs but acquiesce for some reason. The new neighbours in the rental.

I called the helpline on a number of occasions. I've variously been told to ; pay for a topigraphical survey, which I did; commission a surveyor who specialises in boundary issue, I had an appointment but was informed it was more complicated and wasn't a boundary issue; to write letters before action, which I've done many times. The legal helpline also informed me that the fence on my land was an ongoing trespass, that it was apparent my neighbours were harassing me and not simply causing a nuisance and trespassing on my land and assaulting me. To my mind the helpline tries to put barriers in the way, a topographical survey can cost a£1000, a surveyors report costs upwards of £1500 plus vat. I would normally expect things like this to be joint funded by parties to ensure that there is no bias in the report.

[Blinkin73]

So in response to my complaint I received the following email just now from the same person who dealt with my initial claim

Dear Ms xxxx



Thank you for your email.



I have noted your comments with regards to you believing that your claim falls within the nuisance category, under the protecting property from damage section of cover, however it is not for you or us to determine if your claim is defined as a legal nuisance or as harassment, we must take advice on this from our panel solicitors and currently they have assessed that the claim is more that of harassment, rather than a legal nuisance, as the impact of your neighbours actions is more on you as a person, rather than upon your home or property.



Notwithstanding the above, as discussed over the telephone, due to the complexity of the situation, I will agree to instruct our panel solicitors to further investigate the claim and to provide us with a detailed assessment following this, so that they can further advise us and you on how best to respond to the claim. Please do note, this does not mean that we have confirmed cover and instructed them, we will merely be providing them with funding and authority to complete a more detailed merit assessment and advice, and make brief contact with you to discuss the claim.



In response to your further query, you are of the view that the reference to trespass in brackets is just an example and that cover can exist under this clause even if there is no trespass. The insurer does not agree. The cover under section 4 is for physical damage to your property, or legal nuisance or trespass. It is not, and was never intended to be, wider than that. The reference in brackets is not an example, it defines the scope of cover under that clause. The claim is not therefore covered under category 3. This is further highlighted on the attached summary of key information provided to Policy Holders by Policy Expert “Protecting property from damage – to defend or pursue legal action connected to a legal nuisance or trespass”. Also where the insurer is intending for the wordings in brackets to be read as an example, they clearly state this, which can be seen on page 8 of the policy wordings under “our right to cancel your policy” and on page 16 of the policy wordings under the Identity theft section of cover.



I will provide you with further feedback from our panel solicitors once they are in a position to do so.



Kind regards,

[Blinkin73]

I'm about write again again and explain that damage had been been done to my property already as its value has been diminished due to my neighbours behaviour, that my neighbours were yelling at the top of their voices whilst watching football which I have to listen to as it is heard in every room of my home and that this is done not to harassed me but because my neighbours are selfish idiots and don't care if the cause a nuisance to anyone and that this is a regular occurance. I also want to repeat that harassment is not excluded in the policy.

[Blinkin73]

If my legal insurance continue to act in this manner, can I make an application for an injunction myself?

[Blinkin73]

Sorry for all the posts but,

am I the only one of the opinion the heading 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 " does not just include trespass?

Why name legal nuisance in heading in 4 (2 ")take or defend legal action relating to a legal nuisance;" but not state trespass in 4 (3) other than in brackets and why is harassment from neighbours not excluded in the policy.

Legally how is nuisance distinguishable from harassment? Someone can intentionally cause a nuisance ie persist with it knowing it causes you distress and interferes with your peaceful enjoyment of your property.

I think my case includes elements of both nuisance and harassment

[des8]

Policy covers "insured events" which include:
"Protecting property from damage - to defend or pursue legal action connected to a legal nuisance or trespass".

.Your post 13 doesn't read clearly.
I think you have cut and pasted and left a section out.
Either repost , or give a link to the wording on line (preferred as policies need to be read as a whole, not a series of snippets)

Until the full wording is available it will be nigh impossible to understand what this policy covers or excludes

[Blinkin73]

Overview of what's 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.

[Blinkin73]

Overview of what's not insured from product summary

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.

[Blinkin73]

From product details 1st page

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.

[Blinkin73]

Product details 2nd page

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.

[Blinkin73]

Product detail 3rd page

5. Identity theft
Following identity theft to an insured person, we will cover the following.
1. Professional fees:
a. to deal with organisations who are claiming money from an insured person as a result of
someone making a fraudulent application to them for credit, goods or services using the
insured person’s identity;
b. to remove any criminal or civil judgments (for example, county court judgments) which have
been wrongly entered against an insured person;
c. to deal with credit-reference agencies on behalf of an insured person, including to challenge
the accuracy or completeness of any information they hold; and
d. to create documents needed to prove the insured person’s innocence, in relation to any
financial irregularities.
2. Postal and phone costs the insured person has to pay in dealing with financial institutions, the police
and credit-reference agencies to report or discuss a case of identity theft.
3. Fees charged for reapplying for a loan if the original application was rejected just because the lender
received incorrect credit information.
4. Any earnings the insured person loses as a result of needing to take time out of work to go to see the
police, financial institutions or credit-reference agencies to report or discuss a case of identity theft.
What we don’t cover
Professional fees arising from:
1. any identity theft connected with the business, profession or occupation of the insured person;
2. any costs, expenses or losses that are the result of any fraudulent, dishonest or criminal act by an
insured person, or any other person acting together with an insured person; or
3. any indirect losses.
Conditions for identity theft claims
Please read the following carefully to make sure you keep to the conditions of this section.
If an insured person discovers their identity has been stolen, they must:
1. file a police report within 12 hours of discovering the identity theft;
2. let their payment card company (or companies) and all other account providers know about the
identity theft within 12 hours of discovering it;
3. report the identity theft to us within 30 days; and
4. take all necessary action to prevent further loss or damage caused by the identity theft.

[Blinkin73]

General exclusions from product details 1st page

This insurance does not cover the following or any amount arising directly or indirectly out of the
following.
1. Professional fees:
a) if the date of the incident was before your legal expenses insurance cover started with us;
b) if the relevant period for bringing a claim has passed (180 days);
c) if, when buying this insurance, you were aware of circumstances that you should have
realised may lead to a claim being made under it;
d) from before we accept a claim in writing;
e) we have not approved or which are more than we have approved;
f) if you fail to give us or the authorised professional proper instructions in good time;
g) if you are responsible for anything which we believe harms your case, or if the incident was
intentionally brought about by you;
h) if you withdraw instructions from the authorised professional without our agreement,
fail to respond to the authorised professional or withdraw from the legal action without
our agreement, or the authorised professional refuses to continue to act for you;
i) if you decide that you no longer want to continue your claim (if this happens, you will also be
responsible for all costs that have been charged up to this point);
j) relating to the amount that is more than our standard cost basis if you have decided to use a
professional of your own choice; or
k) while you are bankrupt or your affairs are in the hands of a receiver.
2. Pursuing, continuing to pursue or defending any claim if, at any time, your claim does not have a
reasonable chance of success or the cost of legal expenses to pursue your claim is not in proportion to
the settlement amount you are likely to receive if it is successful.
3. Claims which you carry out in a way which is different from the advice or proper instructions you
receive from us or the authorised professional.
4. Legal expenses of any appeal proceedings unless you tell us in writing that you want to appeal within
the time frames allowed and we believe there is at least a 51% chance of the appeal being successful.
5. Any professional fees and expenses that could have been recovered under any other insurance except
for the difference between the fees and expenses and the amount which would be payable under the
other insurance if this policy did not exist.
6. Damages, fines, compensation or other penalties a court or other authority orders you to pay.
7. Claims arising from an insured event which arises from your deliberate act, failure to act or
misrepresentation.
8. Any dispute relating to written or verbal remarks which damage your reputation.
9. Legal proceedings outside the territorial limits and proceedings in constitutional international or
supranational (involving more than one country) courts or tribunals, including the European Court of
Justice and the Commission and Court of Human Rights.
10. A dispute which relates to any compensation or amount due under a contract of insurance.
11. Any dispute with us that is not dealt with under the arbitration condition on page 7.
12. Any dispute relating to patents, copyrights, trade or service marks, registered designs, passing off
intellectual property, trade secrets or confidential information.
13. An application for judicial review (an application for a judge to review the legality of a decision made
or action taken by a public body).
14. Any professional fees involved in defending or pursuing new areas of law or test cases.