Defamation - “Robbing B@st@rd”, “Liar” and a “Control Freak”- what can I do?

[Freepost]

Hi,

I wonder if somebody could advise me what to do with a problem that has occurred with a neighbour. I’ll explain the background and circumstances of the problem, although it may seem to go on a bit.

Background
A couple of years ago I purchase some land with my sister with a view of building for ourselves a couple of houses …. These new homes will be for us to live in. Also, a short distance down the road is a group of two houses, these are the nearest houses to us and would be our neighbours when we eventually move into the new homes.

The land has a spring water supply, which I had tested and not surprisingly the flow rate was rather poor and would require a level of investment to improve it. I also contacted the local water company to provide a cost/quote for extending the water main to our property. The water company quote was too high, £13K, so I would in due course improve the spring water supply.

It transpired that the neighbouring properties that I mentioned above are also feed by a spring water supply. This water supply, different to my own, was tested by Environmental Health dept. last year and found to be contaminated. My neighbours were instructed to cease using the supply and arrange for the local water company to extend the water main to their properties. Not surprisingly, the quote they received was quite high, £8K, although you will see not as high as mine had been but it is only half the distance for the water company. However, my neighbours were encouraged by the water company to approach me since I had made a previous enquiry and if we all agreed to extend the water main together then the cost would be drastically reduced. In actual fact the new cost would be £8300. My neighbours agreed that this cost should be shared by the number of properties that would ultimately utilise the supply, a little over £2K for each of them and rest paid by us. The water company insisted on payment in advance of doing the work and that it would be one bill given to the furthest property and they would only accept one payment. Consequently I would be liable for the payment, no problem here both neighbours gave me the money and I paid the water company. Take note that my neighbours required the water main extending immediately (yesterday if possible), I on the other hand don’t require it until next year but you take on board people’s needs and I arranged for the extension work to commence as early as possible. The work started 4 weeks ago and shortly after the problem occurred.

The Problem
Shortly after the work for extending the water main commenced, a Inspector from the water company called on one of the neighbours, I am not sure why. During the discussion between the Inspector and my neighbour, the neighbour mentioned that they had paid me money for extending the water main to which the Inspector told them that they should not have paid me anything, apparently “I was the developer and it was up to me to pay the cost for extending the water main”. The neighbour didn’t apply any common sense here, they had approached me to extend the water main and I’m not a “Developer”, sure I’m building two houses for me and my sister but that’s it, I don’t think we can be classed as developers!

The same day that the Inspector called on my neighbour I received a telephone from the water company to advise me that works for extending the water main were underway and if we required connection to the water main to be made at the same time it would cost an additional £700+ or it could be done later at £1300+. Whereas I am not in a position to have the connection to my new homes made, we haven’t yet laid the foundations, my neighbours should take advantage of this reduced cost. Once again the water company made it clear to me that I had to pay this cost the neighbours couldn’t pay directly, if the neighbours insisted on direct payment then it would cost £1300+ because it would be classed as a new job …………. I don’t make the rules! I contacted the first of my neighbours by telephone and immediately received an ear bashing about the visit from the Inspector and I was then accused of making money out of them. The lady I spoke with was very very venomous towards me and “they would not give me any more money”. There was no way to get through to her that I hadn’t done anything of the sort, my final response was “That’s fine sort it out yourself!”.

I then contacted the water company to advise them about their Inspector and what had happened. The water company called me back later and confirm that their Inspector had indeed visited the neighbour and confirmed what he had said but he was incorrect and his Supervisor would visit the neighbour to explain that. In the meantime the water company accepted direct payments from both neighbours for the connection at the reduced price.

A few days later I contacted my second neighbour to check that everything was okay and the situation was clear …. at least it was with her! but I had been referred to as a “Robbing B@st@rd”, a “Liar” and a “Control Freak” by the other neighbour, presumably a Liar and Control Freak because the neighbours were allowed to pay the water company directly. Two or three days later the Supervisor from the water company visited me at my home to advise me what had happened in his visit to my neighbours, to confirm that everything was okay and that the neighbours now know that I hadn’t deceived them or made money out of them. Whereas I accept that he had visited the neighbours, I explained to him that I will have to live in that area and it would be important to me to check for myself that no animosity remained, I would visit the neighbours over the weekend.

Of course animosity remains! When I rang the doorbell to my neighbour house the husband answered and immediately closed the door without speaking, the door was then opened again by his wife. I explained that the water company had called on me and told me that their Inspector had made a mistake in what he said and that they had visited my neighbours to explain this and hopefully everything was clear now? She agreed that the water company had called on her but she believed the Inspector and she was very angry and she thought I was rude and arrogant, she then slammed the door in my face. As I say animosity remains! I’ve reported this back to the water company who have said that they will send her a £100 bouquet of flowers to apologize.

What to do? From my position this has caused a problem with, at least, one of my neighbours. Most certainly the derogatory terms have not been said directly to me but word has got around, I’ve heard from a third party “fun and games with the water company and upsetting the neighbours”. This isn’t funny, I’ve got to live in this area and I don’t expect to have problems with neighbours that have been caused by a utility company.
Your thoughts would be most welcomed.
Thanks.
F.

[sean5302]

Re: Defamation - “Robbing B@st@rd”, “Liar” and a “Control Freak”- what can I do?

The problem with an action for defamation is proving exactly what has been said.
You have a lot of supposition and implication, but few hard facts, if any.
The water company representative visited your future neighbours, but you have no way of knowing what he actually said, so I wonder how you might prove that to a Judge.
What are you hoping to achieve? Money from the water company? A written apology from them?
The former is possible, but the latter unlikely as they don't know what their representative has said.
If I were you, I'd move on and try and show your future neighbours that you're not the person you circumvented the swear filter to describe.

[Kati]

Re: Defamation - “Robbing B@st@rd”, “Liar” and a “Control Freak”- what can I do?

I'd have to agree ... it might be worthwhile just holding your head up and showing these neighbours that you are better than they seem to believe. They've already had an explanation from the waterboard, if they don't want to believe it then (IMO) that's their problem not yours

[Freepost]

Re: Defamation - “Robbing B@st@rd”, “Liar” and a “Control Freak”- what can I do?

The problem with an action for defamation is proving exactly what has been said.

I understand and since it was not said to me directly I guess it becomes hearsay!

The water company representative visited your future neighbours, but you have no way of knowing what he actually said, so I wonder how you might prove that to a Judge.
What are you hoping to achieve? Money from the water company? A written apology from them?
The former is possible, but the latter unlikely as they don't know what their representative has said.

I have received a written apology from the water company who have questioned thier Inspector and acknowledge what he has said and that it was incorrect.

If I were you, I'd move on and try and show your future neighbours that you're not the person you circumvented the swear filter to describe.

I didn't purposely circumvent anything, I didn't particularly want to write the word, some people find the written swear words offensive but are able to accept the words with interchanged characters, that is what I've done.

if they don't want to believe it then (IMO) that's their problem not yours

Agreed but I'm the one that is being spoken about and accused of upsetting the neighbours and it's the venomous lady that gets a £100 bunch of flowers.

Clearly, I'm not happy about it. The water company messed up and I've got to live with it! Do I want compansation for it? I don't know, usually I would bemoan the compansation culture that has crossed the Alantic ocean to our shores but would I take it if it was offered .... sure.

Thanks for your input.
F.

[Kati]

Re: Defamation - “Robbing B@st@rd”, “Liar” and a “Control Freak”- what can I do?

You could always try writing to the CEO stressing how disappointed you are with the way you have been portrayed and requesting he steps in and ensures a satisfactory outcome

[MissFM]

Re: Defamation - “Robbing B@st@rd”, “Liar” and a “Control Freak”- what can I do?

Hi Freepost ,

What a galling situation - I'm so sorry. It's bad enough falling out with neighbours by one's own efforts but, as you say, when a third party does it for you it's even more frustrating.

I also appreciate that when you're relatively isolated cordial neighbourly relations are extremely important.

As Kati suggests, a letter to the CEO would be a good idea. He needs to understand exactly how unpleasant are the consequences of their lack of staff training, to do everything in his power to reverse the ill-feeling engendered by the inspector's blunder and to make sure that staff are appropriately trained from now on. If you are going to be building there will be plenty of opportunities for neighbours to be either helpful or obstructive and the Water Co needs to understand the possible longterm consequences of this mistake and neutralise it. Perhaps, since the inspector holds such sway he should be asked to return, with his superior, and explain his error in person.

The £100 bunch of flowers does seem bizarre but I suppose it might melt her heart and encourage the idea that it's the Water Co that made the mistake not you. She might even apologise to you.

Ask the CEO to write making it crystal clear that you have, in fact, saved them a significant sum of money and re-iterating that the inspector was completely wrong to say what he did.

If, however, your neighbours are the sort of people who will choose to bear and nurture a grudge regardless of justification then it was only a matter of time and at least you now know how the land lies. Cold comfort, I know.

As said above, it really isn't worth pursuing the legal defamation route - apart from the huge expense and unlikelihood of success it would, paradoxically, make you look touchy, guilty and unreasonable.

Stay cool and see what the Water People come up with.

Good luck.