Neighbour Owes Me £800 Over Fraudulent Repair Costs

[entseo]

Earlier on this year a neighbour managed to convince me that the water leak which was causing damage to his ground floor shop was coming from my property upstairs. I had known that there were existing issues with leakage from my property and so I agreed to pay half of the costs of the repair (around £800).

However, subsequent engineer's reports confirmed that the leak had nothing to do with my property, and instead came from next door. So I asked for my money back. He refused.

This was several months ago and I have tried negotiating with him all that I can. But now I can do no more. I need to get my money back. The police say they can do nothing as it is a civil matter. They advise I take him to the small claims court. But I cannot help thinking that he has some kind of defence.

Can anyone advise me on this? Am I just being too timid? On the face of it this is simply a straightforward case of theft, but the fellow is very shifty, the sort that always has something up his sleeve. But what can I do?

Can anyone help?

[paulajayne]

Re: Neighbour Owes Me £800 Over Fraudulent Repair Costs

Look up Letter before Action (LBA). Lots of examples on the forum.

It may be sufficient to get your money returned.

[R0b]

Re: Neighbour Owes Me £800 Over Fraudulent Repair Costs

You've referred to theft and fraud in your post which makes me want to ask whether you are intending to bring a criminal claim against the person. A successful claim in the magistrates court in this situation is almost always going to be difficult. As the police have said this is more of a civil claim through the small claims court.

What you might want to claim through civil action is possibly deceit (it's the civil equivalent of fraud) or misrepresentation.

You have said that the person said the leak was coming from your place but did he provide you with any evidence or reason as to why you were responsible? Have you checked what it says in your lease or freehold title or tenancy agreement to see who is responsible?