Neighbours from hell/ legal insurance difficulties

[Blinkin73]

Genral exclusions from product wording 2nd page

15. Any claim directly or indirectly arising from an allegation of mis-selling financial services or products
or not managing them properly.
16. Any claim involving medical or clinical negligence or pharmaceutical or any related claims (including
tobacco products).
17. Any claim against another person who is insured on this policy, or disputes between an insured
person and their family (including divorce, separation, marriage or civil partnership disputes).
18. Claims falling within the limits which can be dealt with in the small claims court other than as set out
under insured event 2– Consumer disputes.
19. Legal proceedings between an insured person and any government or public or local authority
concerning any statutory charges unless an insured person has suffered or could suffer financial loss
if the legal proceedings are not pursued or defended.
20. Claims relating to your alleged dishonesty, alleged violent behaviour, deliberate, reckless or dishonest
acts or failure to act.
21. Any matter arising from an insured person’s business or trade or your duties as a director or officer of
any company.
22. Any loss or damage that is insured under any other insurance policy.
23. Any claim, however caused (including by computer virus), relating to electronic data being lost,
destroyed, distorted, altered or otherwise corrupted.
24. Any claim caused by, contributed to or arising from:
• irradiation or contamination by nuclear material;
• the radioactive, toxic, explosive or other hazardous or contaminating properties of any
radioactive matter;
• any device or weapon which uses atomic or nuclear fission or fusion or other comparable
reaction or radioactive force or matter;
• any direct or indirect consequence of terrorism as defined by the Terrorism Act 2000 and any
legislation which amends or replaces that act; or
• any direct or indirect consequence of war, civil war, invasion, acts of foreign enemies (whether
war is declared or not), rebellion, revolution, insurrection, military or usurped power, or
confiscation, nationalisation, seizure, destruction of or damage to property by or under the
order of any government, local or public authority.

That's all of whats relevant thats on the policy

[Blinkin73]

Another incident happened yesterday at lunch time. My neighbours and a friend were smoking weed right by my conservatory door again, they know I don't like them doing that as my house house gets filled with the smell of it. They then started shouting lies about the last police involvement right by my conservatory door which was open, saying that when the police visited them the police told them I was mad and that only showed them footage of children playing and that I was a bitch and deluded and was trying to turn people against them.

The above above is regular occurrence...standing by my conservatory door smoking weed and shouting loudly for others to hear whilst they completely misrepresent the situation. It's really hard not to respond to. I pointed out that they kept doing this and that if they wanted to talk about me, especially if they were going to misrepresent things they should do it in their home not right by my open door.

I reported the incident to the police and rand the legL advice line. They advised to pursue a case of Nuisance if I was to pursue the case myself rather than Harassment as its easier to prove.

I've still yet to hear back from my insurance company about any timscales for their decision or whether it will be their final decision.

[Blinkin73]

So, I have an email from Trinity claims advising that Irwin Mitchell will be contacting me to discuss my situation further. I'm not hopeful of any change occurring in their stance and last night cried for hours. I can't go on like this.

[Blinkin73]

Can anyone elaborate further on the difference between Harassment and malice in Nuisance or know of where I might find more information as this is the crux of the matter I think. What's the difference between intending to cause distress and alarm and causing frustration and annoyance deliberatly or in spite?

Funding for legal fees depends on this I think.

What happens when a case has elements of both like mine?

[Blinkin73]

I feel a bit saddened by the fact that noone is providing any further information, guidance or opinion on this post. I thought it might be useful to list the behaviours exhibited by my neighbours and put an N for what I consider nuisance and H for harassment and N/H where I think it can be considered both nuisance and harassment. I will also elaborate on the circumstances a little more.

Bare in my mind that my neighbours knocked most plaster off the walls, removed ceilings and all carpeting during their first few months in the property and little progress has been made refurbishing the property. The male works on average 2-3 weeks a year as a labourer. The female has partime jobs on and off. Was a carer for the elderly for a few months and most recently started work in a shop two days a week.

1. Shouting from inside the property. Occurs from approx 7.30am until they go to bed approx 9.30-10.pm. usually takes place in the rear of the property where they keep their backdoor open all day. I can hear everybody at the end of my garden some 90ft away from their back door. Occurs nearly every day unless weather is really cold. N
2. Singing from inside property with backdoor open. Same as above N
3. Playing radio in the rear of the property with backdoor open so that it can be heard inside my house and at the end of the garden N
4. Playing radio right by boundary as close to my conservatory doors as possible H
5. Shouting on phone on threshold of back door with backdoor open so every word can be heard 90ft away at the end of my garden N
6. Shouting on phone by boundary and my conservatory doors. This happens most days N/H
7. Shouting and swearing on phone in garden. This happens nearly every day N
8. Shouting and screaming and banging of children inside house both upstairs in bedroom and in lounge and kitchen area (think they are playing football and or/jumping on 3-4 inflatable mat. During term time it peaks and abruptly stops at approx 10pm. During holiday time it can continue until past midnight. Heard throughout my home and garden. N
9. Playing football in the garden, several times a day, everyday by 11yr old and his father, often hitting fence panels or rubbish stored in the garden or the top/sides of a metal goal. Frequent and repetitive shouting by his father such as well done, 2-1 etc. Often goes on until 8.9pm. Can start as early as 8.00am but usually doesn't start until 5.00 6.00ish when I go out in the garden after work or return home from work. Balls frequently coming into my garden. Sometimes 3 or more a day. A park with a football pitch is literally 90 seconds away.N/H
10. Tapping loudly on the fence ( occured twice)N
11. Trespassing on my property to retrieve balls. N
12. Deliberatly planning on letting their fence falldown and refusing to allow me to make it good, then after 2.5 months erecting new fence panels to replace old panels, but putting them on my land. The new fence panels don't align with the old panel and one panel has no post at the end so blows about in the wind/breeze making banging sounds ( I live a mile from the sea so it's often windy. ( I seriously believe that they were hoping that I would pay for a new fence despite it being their responsibility N/H
13. Periodically removing the fence panel that isn't secured and looking into to my property. Only erected the panel after police told them to.H
14. Trespassing on my property to retrieve item blown over during a storm and ignoring me when I told them to bet out of my garden and returning into my garden to collect balls theyd kicked in my garden and causing bruising to my arm by dragging me when I went out into the garden to tell them to get off my property and then calling me a freak and saying noone liked me.H
15. Smoking weed right by my conservatory door. N/H
16. Having BBQ 5ft from conservatory door N/H
17. Playing music loudly from a mobile phone placed right on the boundary day by my conservatory door. N/ H
18. Shouting at me to go and die whilst I'm in my garden (6-7 different occassions) H
19 Loudly referring to me in derogatory terms when I'm in my conservatory of garden eg call me "it" "c###" "freak" when speaking to each other or on the phone H
20 Threatening to grow hedge as high as possible and threatening to erect 10ft high fence panels H
21. Growing bamboo as high as possible by boundary (currently about 17ft or so) and allowing it to grow alongside my conservatory and extension where its likely to cause damage to the foundations because they want to block light from my property N/H
22. Growing trees which form a hedge above 2m to block light from my property N
23. Parking very very close to my car if its on the road despite there being plenty of space not to N
24. Parking partially across the lowered kerb to my parking space in my front garden despite there being plenty of space in the road not to N
25. Shouting loudly in the street or garden that I'm frightening their children, though I'm doing nothing to their children. H
26. Shouting loudly in garden for the benefit of new neighbours that the police have warned me against harassing them (they havent), that the police told them I'm mad, that the previous owner reduced the selling price by £20,000 because I harassed previous tenants there ( none of this is true) H
27. Cutting the hedge, a boundary feature in half lengthways at 8.00 - 9.00pm one night and then throwing the branches on my land then at me when i challenged them. H
28. Shouting at me on one occassion that I'd better watch my back if I left my home alone.H
29. Shouting loudly at football matches whilst watching it on TV in the main bedroom next to my bedroom . This happens whenever Arsenal or England play and is heard throughout my home. N
30. Deliberately cutting chicken netting I erected when their fence blew down to prevent my dog entering their garden H
31. Further damaging the chicken netting when they ripped it out of the ground (the bottom of it was pegged down its entirety of 6 m) to put their fence on my land causing big holes in it. N
32. Screaming and shouting at me, calling me a bitch, a prick and a freak, mad when I trimmed the hedge which is on my land claiming its their hedge (despite me trimming the hedge like this for nearly two years since they cut it in half) for the benefit of the new neighbours) whilst poking my hedge trimmer with a garden cane whilst I was on a ladder H
33. Making a false report to the police that I was cutting their hedge and had cut it so I could look into their garden ( I cut it just below 6ft tall) H
34. Shouting repeatedly that my gutter was on their property and that I would not be able to sell it(I had planned to move the following year) because we had a boundary dispute but refusing to engage solicitors in the matter. H
35. Banging heard multiples times a day from neighbours running up and down stairs after removing all carpeting over two years ago N
36. Undertaking loud diy outside specified times on a regular basis. Hammering and scratching at walls N
37. Hoovering at 9.30 at night banging on skirting boards, power washing things in the garden in the dark at night.N
38. Reporting my parking to various agencies in attempt to get my parking revoked N/H
39 Kids shouting and screaming through walls upstairs when playing video games N
40. Placing a small tramopline on uneven concrete paving stones by my greenhouse at the far end of the garden so that it makes a loud clonking noise when their two children ( now aged 11 and 12) bounce on and their screams and roars and (swear words of recent) can be heard over 100ft away in my loung. This can go on until 9.00pm N/H

I think that covers everything. The effect is that unless they are asleep or out (which is rare) 20 minutes doesnt go buy without shouting, banging, roaring, screaming, loud singing, swearing or my house being filled with the smell of weed or smoke. I don't expect silence but they are SO loud and a lot of noise could be mitigated by closing their door. There are times I can't hear someone talking to me 1 metre away from me because my neighbours are shouting 7ft away fro me. I can't sit and read a book, or relax whilst watching TV anywhere. I can't even have a long soak in my bathroom because their sons bedroom is opposite.

Things became so bad in 2021 that I had to quit my permanent job as a social worker because I couldn't work at home due to the noise and harassment and was so stressed.

This is a quiet residential area. Noone behaves remotely like them.

[islandgirl]

I have great sympathy but do not know what advice to give - I don't know if you use Facebook but there is a group which may help https://www.facebook.com/groups/141801744452156/ - I am not a member though so have no idea. There used to be a very good website Neighbours from Hell in Britain but it appears to have disappered. I assume you are trying to get some kind of legal injunction against them? It may help with some of the issues but I cannot see it stopping them running upstairs or hoovering late at night for example. Is there really no way you can move and leave it behind?

[echat11]

Have you contacted the Council?

That should be the first thing you should do, they have a 'duty of care' towards the residents in their borough.

https://www.citizensadvice.org.uk/ho...our-neighbour/

[Blinkin73]

I cant imagine anyone paying full value of my home knowing that neighbours will happily scream and shout and trespass on hour land and assault you. Also I don't have a job at present.

As I type I've been forced to listen to my neighbours shouting and singing ( very badly and they know it) loudly and continously with their back door open.

If it was just a matter of hoovering late at night it wouldn't worry me. I think banging up and down the wooden stairs ( when walking) could be addressed.

I imagine they've ruined a few people's lives with their behaviour. I could easily start playing tit for tat and play loud bass music when they've gone to bec until 11pm or verbally abused them but I've been trying to be an adult about it all and take the appropriate steps. It seems ro me that being the nice guy and playing by the rules is for lovers and the law is only for those with lots of money.

[Blinkin73]

Have you contacted the Council?

That should be the first thing you should do, they have a 'duty of care' towards the residents in their borough.

https://www.citizensadvice.org.uk/ho...our-neighbour/

And what do you think they are going to do exactly. The reality is there is no funding to take any action apart from the most extreme cases. Even trying to report anti social behaviour and have that accepted is made extremely difficult. Its taken nearly 2 years for the police to accept that there is a problem. They dont want to even see the video footage I have. I doubt the council will either. I'm sick of trying to report the problem to the appropriate people. Various agencies just try to protect their service and point you elsewhere.

The police say its a noise issue go to the council. The council say its a harassment issue go to the police. My legal insurance says its both. Nobody wants to tackle the issues and people like my neighbours have no reason to change their behaviour.

Honestly, I can't stop crying the past few days after learning that my legal insurers think its a harassment case so they aren't liable. I just feel hopeless. It's ridiculous but at times I catch myself thinking of killing myself. I think it's because I have so much anger that I can't express, and that this situation seems so unjust and there's little I an do to escape.

[islandgirl]

Have you spoken personally to your local councillor rather than just "the council"?

[Blinkin73]

Haha. The current councillors contact details haven't been updated on my coucils website so I can't phone or even email them. I tried last week

[echat11]

And what do you think they are going to do exactly. The reality is there is no funding to take any action apart from the most extreme cases. Even trying to report anti social behaviour and have that accepted is made extremely difficult. Its taken nearly 2 years for the police to accept that there is a problem. They dont want to even see the video footage I have. I doubt the council will either. I'm sick of trying to report the problem to the appropriate people. Various agencies just try to protect their service and point you elsewhere.

The police say its a noise issue go to the council. The council say its a harassment issue go to the police. My legal insurance says its both. Nobody wants to tackle the issues and people like my neighbours have no reason to change their behaviour.

Honestly, I can't stop crying the past few days after learning that my legal insurers think its a harassment case so they aren't liable. I just feel hopeless. It's ridiculous but at times I catch myself thinking of killing myself. I think it's because I have so much anger that I can't express, and that this situation seems so unjust and there's little I an do to escape.

'And what do you think they are going to do exactly.'

'I doubt the council will either.'

The Council, your MP, they are the 'avenues' to complain, they have various powers if they aren't listening then you have avenues to complain about the service. Until you complain, you don't know what they will do.

[Blinkin73]

I tried completing the online referral form re anti social behaviour last week too. It's a horrible form. First you have to give the date of an incident...nearly everynday there is an incident. But I completed it for the most recent incident. It wouldn't allow me complete the form unless I input my home telephone number, but I don't have a home telephone number, only a mobile number. I made a number up to put in the box just so that I can progress to the next page. The questions were then repetitive, what's did your neighbours do" "how did affect you" " what did you do" etc etc. It took ages to complete. It then allows you to input a second incident but my Internet stopped briefly and I lost everything I had typed as it won't allow you to save what you've written unless you complete the form. That's when I tried to phone my local Councillor only to find their contact details weren't available. Then I cried lots

I'm still waiting to hear back from the police regarding the last incident I reported.

[Blinkin73]

I'm far from stupid or vulnerable. My first degree is in Law ( so I already knew that the law is only really enforceable for people with money). Hence gaining an Msc in Social Work and I've been practising as a children and families social worker formover 20 years but its a very stressful job with long hours which I can't do when my home isn't safe or a place I can relax in.

I've been living off my savings since April this year after completing a year of being a locum social worker having had to quit my permanent job because of the stress caused by my neighbours.

I don't have enough money myself to fund a solicitor to take action, I do have enough to take action as a litigant in person. Paying a solicitor to advice and assist me but I'm wary of finding a decent one. I recall being told in the first hear of my degree that generally a legal argument can always be made. Its not until you get to speak to a barrister that you really know whether or not you have a case. By that stage you've already spent thousands of pounds on solicitors fees.

Thing is, my neighbours dont have money to even pay their bills (they frequently argue about him not working and which bills to pay). They've told me they won't turn up to Court if I issue proceedings and they mock me for sending numerous letters before action but not taking action. I'd love to call their bluff. Ive got about £16000 and would happily initiate proceedings if someone impartial with knoweldge of the case advised I had a case.

[des8]

I wrote the following about 4 hours ago.
I was then called away on a family matter, so haven't finished yet.
Please remember that posters here are all volunteers who have other lives, so sometimes responses on unusual or difficult matters may be delayed.


For a nuisance you need to show your neighbour's actions have caused an interference with your enjoyment of the land.

For harassment you need to show your neighbour's behaviour is intended to cause you distress or alarm, and it has occurred on more than one occasion

At least a discussion with Irwin Mitchell is a move forward for you.

I'll try and read those policy extracts over the next 24 hours and then get back to you