Can i tale my neighbour to small claims court?

[barney47]

Hi Guys, I don't know if this sort of thing is dealt with on here but here goes....

My 72 year old neighbour has given my wife and I 10 months of hell, she moved in last December.
This woman has verbally abused us, spat in my wifes face, made false allegations to the police (all investigated and unfounded) sticks fingers up, laughs at us, I went and spoke to her old neighbour of 9 years and she did the same to them!!!!
The police have been round my house nearly every week since this started and advised us to install cctv at a cost of £400, we have several disc's of her sticking fingers up and pulling faces at us, she has had a harassment warning which she breached just 24 hours after getting it!

My wife and I have suffered sleepless nights, depression and anxiety, the police have been very helpful but can't seem to put a stop to this woman's campaign against us. I might just add that we are very quiet and private people

The question is can we take her to a small claims court to recover the £400 which we spent on the cctv to monitor her behaviour? or can we take it further in the small claims and sue for damages against us?

Thanks in advance

[des8]

Re: Can i tale my neighbour to small claims court?

Yes, you can take action against your unpleasant neighbour under the Harassment Act 1997.
Here's an excerpt from http://www.adviceguide.org.uk/wales/...harassment.htm
Take action under the Protection from Harassment Act 1997

Harassment is both a criminal offence and a civil action under the Protection from Harassment Act 1997. This means that someone can be prosecuted in the criminal courts if they harass you. It also means you can take action against the person in the civil courts.
When is something harassment under the Act?

Generally speaking harassment is behaviour which causes you distress or alarm. The Act also says you must have experienced at least two incidents by the same person or group of people for it to be harassment.
It's the courts that decide if something is harassment under the Act. The courts will look at whether most people or a reasonable person would think the behaviour amounts to harassment.
When can you take civil court action about harassment?

If you’ve been the victim of harassment you can take action in the civil courts against the person harassing you. You need to make your claim within six years of when the harassment happened.
You can still take civil court action even if the person harassing you hasn’t been found guilty of a criminal offence.
What can the court do if you take civil action about harassment?

The court can make an order or injunction that the person harassing you must stop their behaviour. If they don’t stop harassing you after the court has made an injunction against them, it's a criminal offence and they can be prosecuted in the criminal courts.
You can also ask the court for compensation if you’ve suffered financial or emotional loss - for example, if the harassment has made you feel very anxious or distressed

[barney47]

Re: Can i tale my neighbour to small claims court?

Thanks for the quick reply, however when you say " Civil Courts" is this the same as the Small Claims Courts?

[wales01man]

Re: Can i tale my neighbour to small claims court?

Have to say if you took her to small claims and won would she pay up ?

[des8]

Re: Can i tale my neighbour to small claims court?

Yes.
Any money claim must be issued at the County Court Money Claims Centre. Other cases can be issued in the local county court.
When your claim is lodged the court will allocate it to the Small claims Track.
This is commonly referred to as the Small Claims Court

Before starting any action I suggest you have a read here, to give yourself an idea of what happens.
You are of course welcome to return for more help

http://www.adviceguide.org.uk/wales/law_w/law_legal_system_e/law_taking_legal_action_e/small_claims.htm

[des8]

Re: Can i tale my neighbour to small claims court?

Have to say if you took her to small claims and won would she pay up ?

Good point Wales, but I think civil action leading to an injunction, which if breached leads to criminal prosecution, might persuade the h*g to cease her bad behaviour.
And that could be a better result than the reimbursement of expenses