4m x 3m Omlet pen, cube, new auto door still boxed and coop light

[..lay a little egg for me]

Hi all, I'm hoping all you wise omleteers can give me some advice.

 

First the background: at the bottom of our garden we have the "pleasure" of having a mini sewage treatment plant , which treats the sewage from 5 houses in our little complex (we are too far out in the sticks to have mains sewerage). OH organizes to get the plant emptied every 6 months or so and then divies up the cost between the 5 houses. One neighbour who is an anti-social sort refuses to pay us and, over the years, has probably only paid up about 4 times (we have been here 11 years). He claims that we make too much noise and not paying is his "only form of protest". We don't think we are especially noisy. His main complaint is that we mow the grass with the tractor mower once a week (which takes about an hour) and my son plays football in the garden (after school and not for more than an hour an evening). Now and then OH uses a chain saw or a hedge trimmer (about 3 times a year). None of these activities occur late at night or early in the morning. It is clear that he is simply using this as an excuse not to pay as he has also used the excuse that we cut the leylandii hedge between us and him (which is about 30 ft high and we only cut our side). He hasn't mentioned the chickens amazingly

 

A few years ago we tried threatening him with the small claims court. He did pay up once. However, we have found out that he owes various utilities money and we know that the calor gas people took his big tank away because he didn't pay so he buys the small tanks of gas now. So we don't think the small claims court will get us anywhere because even when we win (which we would), they still can't make him pay without us having to pay for the bailiffs etc. Sadly, the amount he owes is not large enough to justify it.

 

Nonetheless, the situation is extremely vexing, especially as we think the sewage system needs new pumps which will be expensive.

 

Yesterday a van pulled up outside our house looking for our neighbour's house as they had some goods to deliver to him and he wasn't in. OH immediately said "leave them with us and we'll keep them safe" which the delivery man did. OH then locked the goods away and took a note round to the neighbour highlighting how much he owes us.

 

Just now the neighbour turned up driving at high speed down our drive and knocking furiously on the door. He refuses to pay. We are keeping his goods. He claims we have broken our agreement (last year we agreed to try to keep the noise down if he paid up, needless to say he didn't pay up, while we crept around like mice, only mowing the grass when he was out, stopping DS from playing football etc.).

 

I think he may try to escalate the dispute in some way. My question to you all is, where do we go from here? We are at our wits end and OH is getting seriously hot under the collar about it all.

[Guest]

how do the other people in the sewage syndicate feel about it? Could you all get together and discuss it?

 

does his share get covered by the remaining neighbours or are you having to stump it up? Everyone in the group should be covering his share (until it's sorted that is)

 

It's difficult to comment about what I would do as I don't know your neighbour or how he's likely to react but I think I'd definitely get all the other neighbours together and discuss the way forward with them.

 

Perhaps you could seek some legal advice form the CAB?

 

Needless to say, this person sounds like a pain in the 'bleep'!

[The Dogmother]

What a pain!

 

As Poet suggests, I would check with the CAB, but while you remember it all, write down a diary of events.

[Ygerna]

I would consider contacting a solicitor, some will give you an hours initial consultation free. Once you know exactly where you stand you will have a better idea of what action you could take.

[..lay a little egg for me]

We are covering the losses. One of the neighbours is renting and so I'm not sure about how we could ask them to cover some of the loss as it would probably fall to their landlord. Another neighbour looks after the electric charges for running the sewage system and has her own troubles getting payment from said troublesome neighbour but he does pay her in the end (I think they are all as quiet as mice in that house so he can't complain). She feels it would not be fair to ask her to take on some of the loss as well as the aggro she already gets. The last neighbour was not interested at all when it was suggested that he shared some of the burden.

 

I forgot to mention that he plays very loud music at all times of the night and day. Luckily we are far enough away for it not to bother us, but the other neighbours are much closer so it must be very frustrating for them.

 

After this morning's slanging match we are a bit worried as to what he might do next.

[Geoid]

I forgot to mention that he plays very loud music at all times of the night and day. Luckily we are far enough away for it not to bother us

If you get the bailiffs in, they will take away his sound system!

[Guest]

could you just refuse to organise it in the future in that case and let someone else take the hassle? Put a note thru everyone's door explaining the situation and tell them that unless something is sorted then you are going to refuse to organise the maintenance and the sewage can build up for all you care!

 

Is that an option?

[Cinnamon]

I am really sorry for your problems with him, but you can't keep his goods in lieu of money he owes you..I think that the law would be on his side on that one

 

Do you have copies of correspondence with him or have you ever involved a soliciter?

If not,now may be the time to take this next step. By not paying & insisting you keep your noise down,he is acting like a bully.

 

You do need to take him to court over the money he owes you, as its not on at all.

If he has a problem with noise,then let him sue you,He will have to get environmental services round,& they will soon see that you are in the right.

He cannot expect you to keep your boy in all summer - gardens are for children

 

Honestly,some people.........

[chickenanne]

Poor you!

Not only with the difficult neighbour, but the complete lack of support from the one who does nothing to help.

 

First off, what do your deeds say? The chances are that you're joint and severally liable for the costs. So it isn't going to be only your responsibility to sort out. You're nighbours can be as unhelpful as they like, but they don't have any legal or moral right to be like that.

Next, what would happen if you refuised to take any responsibility for the matter? Just said, no, been doing it 11 years, someone else's turn? Go round the nighbours who do some work themselves, and tell them that you don't want/expect them to take it on; they already do enough.

If someone else volunteers, great.

If not, suggest that a third party factor (property manager) should do all of these jobs. For a fee to cover their time, they would organise all communal areas and joint works: same as it would be in an apartment block with shared entranceway etc. At least that way you're not taking responsibility for it all and you don't have the hassle. It would be less expensive for you as you wouldn't be paying your neighbours share, but it would cost everyone else more: but that's their perogative.

 

Seriously, I would walk away from the whole thing. Someone elses' turn to deal with it: it's good to be community spirited but not if you're taken as a mug.

 

I don't think hanging onto your neighbours parcel will do anything other than inflaming the situation further. perhaps you could return it (when he's out!) and leave a NON-apologetic note stating that you are very unhappy re: sewerage works and his bullying re: the noise, but appreciate that keeping his parcel is not a way to remedy the problems.

[Guest]

I'd be tempted to dump the entire contents of the tank in his front garden!

 

I think Cinnamon is right though.

[Geoid]

https://www.moneyclaim.gov.uk/csmco2/index.jsp

 

You can use that to arrange a small claims court, maybe the letter though the door will be enough to make him pay up.

[Redwing]

All good advice! I would get the others together and say that you should take it in turns to collect the money - its not your job after all

 

If he has issues with your noise its a separate problem and he should take this up with the environmental health if he feels that strongly about it

[clootie]

For once I'm speechless! How much noise can a boy make playing football in his own garden anyway? And, as for mowing the lawn, does he have concrete instead or how does he manage to silently cut his grass? It's always the same, someone takes the initiative and organises something for the good of the group and finds he is not only left out of pocket but also has to endure the wrath of a stroppy neighbour who is the one causing the problems in the first place. Some people are only too happy to leave you to get on with it but I'm with Poet, get a meeting organsied with your neighbours and discuss the way forward, after all, it involves them too. Good luck.

[Blackrocksrock]

What a ridiculous neighbour you have there but like said elsewhere you cannot keep his goods in lieu of the money he owes you = maybe you could add up what he has not paid and is due to you and take him to court - you could send him a letter telling him this and presumably you could take him off the sewerage system or the landlord should pay it and claim off him. Surely some way to sort it all out -= sounds a nasty so and so though.

[Chucky Mama]

We have exactly the same set up with a sewage treatment plant in our road and as a committee we have to maintain the sewage plant, lighting and road maintenance. I can completely understand the situation that you are in but you should not be left to deal with this on your own. There are other neighbours on your committee and they need to take some of the responsibility for getting his share of the cash and in return deal with some of the hassle associated with it. I know that people are more than happy to sit quietly and not speak up or offer help in these situations. If the rest of your neighbours wont offer help and support then maybe you should suggest that they help pay for his share.

 

You may well need to seek legal advice by the sound of it but again this is something that all of the neighbours need to pay for and it should be all of you otherwise you will be singled out by your awful neighbour. It will be more difficult for him to tackle all of you as a group and you don't want to bear the brunt of his wrath.

 

I really feel for you. Your home is somewhere where you hope to escape from all the stresses and hassle that life can bring. You should not have to worry about how much noise you make, it is not as if you are doing anything that any normal family would do in you home and back garden. It really isn't fair

[The Dogmother]

As he seems to have an issue with you (he sounds like he might have an issue with everything!) then try asking another neighbour to do the chasing.

[katieadams]

Shame you can't cut him off from the sewage plant and tell him if he doesn't pay he doesn't get to use it!

[Egluntyne]

What an unfortunate state of affairs. However, I would urge you to reconsider the impounding of his goods as you may well be committing an offence.

 

It sounds as if you need legal advice.

 

Perhaps he could be disconnected from the sewage system if he is not prepared to honour the arrangements. Do you have the original agreement in writing?

[The Dogmother]

Egluntine has a point there; sounds like it's all a gentleman's agreement so far. In light of recent events, it might be worth getting something drawn up which you can all sign.

 

That way, you're all doing it, he won't feel victimised and anyone who doesn't want to sign/agree can shovel their own poo!

[Happy chickens!]

Have you got legal expenses cover with your house insurance? (You may not even have noticed, it's just a few quid extra) They usually have a free helpline that you can call.

 

What a really frustrating situation, I can understand why you wanted to keep his parcel!

[Ain't Nobody Here]

I'm sorry I can't offer any advice, just wanted to say I'm so sorry. It must be so stressful and upsetting .

[..lay a little egg for me]

Well, he called the police!

Luckily they didn't arrest OH, they called the neighbour a right plonker and tried to reason with him. In the end OH had to release the parcel.

Apparently the neighbour claimed we had been mowing the grass at 8 am on a Sunday morning for 3 hours. As we never get up on a Sunday until 9 am and we never mow in the mornings as the grass is too wet, he is clearly off his rocker. The policeman said that he thought 8 am on a Sunday was not unsociable anyway!

 

We are going to try to get the other neighbours on board, but I fear it will be an uphill battle.

[Chucky Mama]

I agree, so what if you were mowing your lawn at 8am. What a horrible man, does he really have nothing better to do? It is a pity that you can't cut off his sewage somehow. Good luck, I still think there is safety in numbers and that your other neighbours need to support you more.

[Chucky Mama]

Actually thinking about it, I remember someone having an outstanding debt, they went via the persons workplace. Their boss got to hear about how awful they were being and fearing damaging their work persona they coughed up

[..lay a little egg for me]

Don't think this guy has a workplace...he always seems to be in, which is why it is so hard to mow the grass without him getting annoyed. Strangely, today he has got some contractors in his garden giving it a thrashing (he never does anything in the garden so the grass and weeds have been left for about 3 years now). They are making a hell of a racket with a BIG mower and a strimmer and everything!!! Should I go and complain?