Neighbours fire, destroyed half our garden, spread to our shed and destroyed stuff

[SnooperTrooper]

Hello. I don't even know if this is allowed on here.

So in September, our neighbour left his firepit smouldering in his garden, they are very small gardens as it is. He was adamant that he put it out but the garden fence between our gardens caught fire and destroyed half our garden, spread to our shed and destroyed stuff in there too.

Some young lads had to kick our front door down to wake my partner up (he works nights) as nobody else was in.
The Fire Fighters spoke to our neighbour and concluded that it was his fire pit that caused the fire.

He has said he does not have insurance so will replace everything that was lost as pretty much all my partners fishing gear has been destroyed, plus some other bits like the lawnmower ect.
We have given him until now as I didn't expect him to come up with the money to replace everything there and then. He has fixed the garden fence as his friend did it for free, but that is all.

I can't find any advise anywhere on what to do or who to go to.
I've spoken to him several times and he just keeps saying that he keeps forgetting.

My Partner is getting quite down as fishing is his only hobby and we don't have the money to replace everything.

I tried talking to Citizens Advice and they told me to just keep bugging him for it??
I also contacted my Contents Insurance company, who said they can't deal with it as he doesnt have insurance?

 

[JulieScoobyDoo]

Nonsense. Your insurance should pay out for you. The fact they can’t claim against your neighbours insurance (or lack of) is not your problem. You have insurance for this and they need to pay out.

it would possibly be your buildings insurance for the fence though, not your contents policy. Are they different companies?

 

[SnooperTrooper]

Nonsense. Your insurance should pay out for you. The fact they can’t claim against your neighbours insurance (or lack of) is not your problem. You have insurance for this and they need to pay out.

it would possibly be your buildings insurance for the fence though, not your contents policy. Are they different companies?

It is rented, so we don't have buildings insurance.
The fence is the only thing he has fixed so that isn't really as issue so much.

I thought the same with my contents insurance as I said to them how am I being penalised for him causing a fire.
They just keep saying it's him that has to pay out, not them

 

[Yel]

I'd tot it all up and tell him you're going to the small claims court in 28 days if he doesn't pay for it and that you're very confident they will rule in your favour and cost him extra.

Then if he still hasn't paid for it within 14 days, fill out the form and post him a copy, showing the extra amounts he will face.

Then if he still doesn't pay send it off, yes a bit of paperwork and a fee but likely they'll rule in your favour and can charge him the fee. Annoying but people (and businesses) are pricks and you often have to threaten them.

 

[Peanut99]

It is rented, so we don't have buildings insurance.
The fence is the only thing he has fixed so that isn't really as issue so much.

I thought the same with my contents insurance as I said to them how am I being penalised for him causing a fire.
They just keep saying it's him that has to pay out, not them

Shouldnt your insurers pay for out for you and then subrogate the loss from him?
Otherwise could you go small claims court maybe?!

 

[Mustard]

I'd tot it all up and tell him you're going to the small claims court in 28 days if he doesn't pay for it and that you're very confident they will rule in your favour and cost him extra.

Then if he still hasn't paid for it within 14 days, fill out the form and post him a copy, showing the extra amounts he will face.

Then if he still doesn't pay send it off, yes a bit of paperwork and a fee but likely they'll rule in your favour and can charge him the fee. Annoying but people (and businesses) are pricks and you often have to threaten them.

Yes, if you do this you can do Money Claim Online, if it’s under a certain Amoun, how much are you claiming for§. But, I do think your insurer should pay out. You can contact the Insurance Ombudsman now, for advice, regarding your insurer not paying out.

 

[SnooperTrooper]

Shouldnt your insurers pay for out for you and then subrogate the loss from him?
Otherwise could you go small claims court maybe?!

My Contents Insurers basically aren't interested because he doesn't have insurance and it's his fault

I have thought about small claims. I had a search earlier and thought about telling him I'm going there as I presume once I win it, he'll have to cover all costs and I'll get the money back?

Yes, if you do this you can do Money Claim Online, if it’s under a certain Amoun, how much are you claiming for§. But, I do think your insurer should pay out. You can contact the Insurance Ombudsman now, for advice, regarding your insurer not paying out.

It's around £1000.
He's lucky his fishing gear isn't the expensive types. Could've been much much higher.

 

[Mustard]

My Contents Insurers basically aren't interested because he doesn't have insurance and it's his fault

I have thought about small claims. I had a search earlier and thought about telling him I'm going there as I presume once I win it, he'll have to cover all costs and I'll get the money back?



It's around £1000.
He's lucky his fishing gear isn't the expensive types. Could've been much much higher.

Yes, and if he doesn’t pay, you can send the bailiffs in. More costs for him to pay. Send him a letter be for action and see if that does the trick.
Does he own or rent?

 

[SnooperTrooper]

I am presuming he owns the house as he said he doesn't have home insurance

Tha k you for all your replies! I think it will be a case of Small Claims. We have the report from the Fire Service saying it's his fault so he can't even argue it.
Was hoping it would be as simple as him just buying the stuff and that'd be it.
We even have him an exact list with names and types ect for the fishing gear as he said he didn't know anything about fishing stuff.

 

[Youtubegossip]

My Contents Insurers basically aren't interested because he doesn't have insurance and it's his fault

I have thought about small claims. I had a search earlier and thought about telling him I'm going there as I presume once I win it, he'll have to cover all costs and I'll get the money back?



It's around £1000.
He's lucky his fishing gear isn't the expensive types. Could've been much much higher.

You’ll definitely win the case. And if you do you’ll get any fees back plus the money to replace what was damaged. HOWEVER, you’ll only get it if he has it to pay. Just because it’s ruled in your favour you’d still have to potentially chase him to pay it I think or send bailiffs round etc

I am presuming he owns the house as he said he doesn't have home insurance

Tha k you for all your replies! I think it will be a case of Small Claims. We have the report from the Fire Service saying it's his fault so he can't even argue it.
Was hoping it would be as simple as him just buying the stuff and that'd be it.
We even have him an exact list with names and types ect for the fishing gear as he said he didn't know anything about fishing stuff.

With your letter before action tell him how much he owes you and give him 14 days to pay... attach a breakdown of each item and the cost. Keep a copy of the letter yourself and post it recorded delivery ( I know he lives next door) but you’ll have proof he signed for and received it then.

money saving expert has templates just use one of those

 

[SnooperTrooper]

So I've just been to the Fire Station to request the fire report as we need a physical copy and I do not have that as of yet. £80 for it Didn't realise we'd have to pay for that!

 

[Youtubegossip]

Important insurance questions you might not know the answer to

What you are and aren't covered for

www.google.co.uk

This article may help. Just came up with a google

 

[Mustard]

I suggest that you also let the local authority know about this. My local authority has a ban on bonfires which this could come under. It may be the Fire Brigade has already informed them. They have the power to issue large fines, especially if he does it again. At the least, they might send him a Warning letter.letter.

before you get the Fire Brigade letter,
send him the letter before action, and add that as a potential cost. I suggest that you film yourself posting the letter through his letter box. It will stop him from not signing for the recorded delivery letter.

Does he have buildings insurance? If he has a mortgage then he must have that.

 

[dontgetit]

Your insurance company should deal with it regardless, not sure what they are playing at. They insure YOU.

Them saying that they wont cover you as he is not covered is totally incorrect

Lodge a complaint with your insurance company and follow it all the way with them, even onto the ombudsman.

 

[Mustard]

Your insurance company should deal with it regardless, not sure what they are playing at. They insure YOU.

Them saying that they wont cover you as he is not covered is totally incorrect

Lodge a complaint with your insurance company and follow it all the way with them, even onto the ombudsman.

Yes, this it sounds bizarre. It smacks of the insurance company only wanting to talk to another insurance company. See above what I said about buildings insurance.

 

[dontgetit]

Any update on this?

This is making me angry as your insurance company, who insure YOU, are not taking the right action

 

[SnooperTrooper]

I suggest that you also let the local authority know about this. My local authority has a ban on bonfires which this could come under. It may be the Fire Brigade has already informed them. They have the power to issue large fines, especially if he does it again. At the least, they might send him a Warning letter.letter.

before you get the Fire Brigade letter,
send him the letter before action, and add that as a potential cost. I suggest that you film yourself posting the letter through his letter box. It will stop him from not signing for the recorded delivery letter.

Does he have buildings insurance? If he has a mortgage then he must have that.

Nope. He has no insurance what so ever!
According to him anyway...

That's a good idea about the action letter

Any update on this?

This is making me angry as your insurance company, who insure YOU, are not taking the right action

So I have lodged a formal complaint in writing to my insurers as I spoke to complaints on the phone and they were not helpful in the slightest. All he kept saying was "We can see this can be an issue and we have passed it on to the relevant people"

I had a google of a few stories and by the looks of it, it happens quite a lot with insurance companies not wanting to pay out!