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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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we have been going through a noise complaint for 4 months against

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we have been going through a noise complaint for 4 months against our neighbour who started before that intimidating us ,we now have had a letter from housing stating they wont be continuing with our complaint as environmental health did not find a thing on the recordings they done and we have been found to have made a vexacious complaint against the tennant. i firmly dispute this and it was the neighbour who started this by sending her partner to my house (he isnt the tenant of the house) and the woman threatened to get her daughter on me if i went to housing over them ,her daughter is a policewoman in the met police. this was two years ago ,i am now thinking about reporting this woman for this to the police and as eh and the housing have stated the noise isnt statutory we cant do anything about it. she is still absolutely banging her dooras all day long and ive 4 mmonths of diary sheets .ive read through the housing complaints procedure and because it has been put it was found to be a vexacious complaint and i assure you it was not, we cant proceed to the next complaint level nor to the ombudsman ,i did put in a complaint about the housing officer dealing with the issue and i asked for her to be took off the case .where can i get some help to deal with this issue .
What exactly would you like to know?
Customer: replied 5 years ago.

how do i take a civil suit against this woman ,eh have told me to take a civil suit i still need my recordings to be above the statutory level and how can i make a complaint against the housing department as in their complaint process i cant take the matter further as they have put im being vexacious .and shall i make a complaint against this woman to the police as she threatened me with her daughter who is a policewoman .

For what ?

I'm not sure what you want to sue her for?
Customer: replied 5 years ago.

i want to take action over her noise ,she bangs and slams her doors and cupboards on my walls all day long ,we paid out £1200 last august to have my walls soundproofed ,when that did not work we went to housing to make our noise complaint. the environmental health installed noise equipment and that came back with the recording equipment wont pick up the noise ,yet it rattles our house, upto 10hours a day we have had of her noise. housing have stated our complaint is vexacious towards her and we dont have any recourse on our complaint now ,we have had 4 years of this now ,there are other factors she started as well .

I'm really sorry but you are going to struggle over this.

Come what may, its been investigated by Environmental Health and found to be unmerited. Its rare that they record complaints as vexatious I'm afraid. They do sometimes find no merit in complaints but they don't usually openly assert that the complainant is vexatious. You cannot hide from the implications of that I'm afraid.

If you are intent then you can take a private prosecution out at the Magistrates Court in statutory nuisance. There will be cost involved unfortunately and you are likely to lose I'm afraid.

Also, given the fact that they have used the word 'vexatious' you take the risk that EH will take over the prosecution and drop it. CPS regularly do that but its fair to say its not so common from EH. It would be irresponsible of me not to warn you of the risk though.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 5 years ago.

what recourse if any have i got over housing dept stating this is vexacious, this most certainly is not a vexacious complaint and surely they cant state that without backing it up. our neighbour started this intimidation against us with all of this yet it is me being labellled allsorts.the woman has a daughter who is a policewoman and this woman threatened me with her , i must have some way of taking this further ,it wasnt environmental health who said it was vexacious it was housing ,so i assume that the tenant has told them something which they believe without even asking me a thing about it, i was the one who asked for mediation about this .

I'm afraid they are free to reach that conclusion.

There must be some reason for that conclusion of course but you are not entitled to sight of their reasons for the decision that they make I'm afraid.

Jo C. and other Law Specialists are ready to help you
Customer: replied 5 years ago.

what would happen if i went to the police over her threatening to get her policewoman daughter on me this happenend nearly two years ago .

I'm really sorry but there is not likely to be an offence in that.

Customer: replied 5 years ago.

so bacically ,there is no action we can take against this woman or her partner (whom does not live in that house as a tenant) we have to listen to her slamming and banging her doors all day long as eh have stated they cant pick up anthing yet her noise rattles my home and we have upto 10hours of this some days ,we dont have recourse against the housing department for this letter claiming we are the vexacious ones ,so they can do and say what they want ,we have to put up with her and her partner poking his nose in our business and watching our everymove when we are in our garden and he has stood outside our home when we have been away waiting for us, i call that harrasment and intimidation .what if anything can we do about this ?

As I've said above really, it would if accepted amount to harassment potentially but I'm afraid they have rejected your complaint.