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Where do i stand legally
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Old 27-09-2011, 14:21   #1
lowei
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Where do i stand legally

Hello
VM have used the box on the front of my terraced house to run a cable to my next door neighbour.This cable runs from my box under my window over my fence then into their property and they have damaged my fencing when they installed the cabling.I have had quite a lot of problems with my Internet for a few months,but now this is causing even more problems.
So as the title says where do i stand legally?

http://community.virginmedia.com/t5/.../737705#M77313
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Old 27-09-2011, 14:31   #2
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Re: Where do i stand legally

As far as I'm aware, Virgin will have had to get your permission to run cabling for your neighbour on your property. If they've not done so, or if they tried and you didn't agree, you are within your rights to ask them to get it moved

Also any damage that has been caused by Virgin is their responsibility to fix
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Old 27-09-2011, 15:17   #3
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Re: Where do i stand legally

The same thing happened to by brother inlaw, he noticed a cable coming out his VM box on his house and going through the fence into nextdoor.

Turned out it wasn't VM that did it but his nieghbour had done and was running a hacked/cloned modem. He just went out and cut the cable and threw it over the fence.

I would definitely advise contacting VM to ensure it was one of there tech that did it. If your neighbour is running cloned equipment then it will degrade your service.
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Old 27-09-2011, 15:27   #4
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Re: Where do i stand legally

your brother inlaws a 'legend' i'd love to have been there when he done it lol i wish i could express my views in full on this forum but i'll probably be banned. your brother inlaw should of left it and let vm and the police smash the door down.

OP, i'd advise as i do to all regarding major issues.. try obtain an upgrade but you already have 50Mb so not sure what they could do apart from give you additional discounts on your monthly bills.

Last edited by thenry; 27-09-2011 at 16:34.
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Old 29-09-2011, 21:37   #5
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Re: Where do i stand legally

The Manager of installations has been round and spoken to me, but he sat here constantly answering his phone. I obviously felt that he didn't care about the damage to my property.
I have recorded the conversation on my i phone.

Deadlock letter comes to mind and small claims court.
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Old 29-09-2011, 22:40   #6
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Re: Where do i stand legally

Quote:
Originally Posted by lowei View Post
Hello
VM have used the box on the front of my terraced house to run a cable to my next door neighbour.This cable runs from my box under my window over my fence then into their property and they have damaged my fencing when they installed the cabling.I have had quite a lot of problems with my Internet for a few months,but now this is causing even more problems.
So as the title says where do i stand legally?

http://community.virginmedia.com/t5/.../737705#M77313
Ring them and tell them that you are giving them 48 hours and if no answer that you will be removing the cabling as it was installed without your prior knowledge during an act of trespass and that you will be suing them for damages to your property.
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Old 29-09-2011, 22:41   #7
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Re: Where do i stand legally

Recorded delivery letter to Virgin Media stating:

1) You have not given permission for any cable to be routed via your property to your neighbours. You have not signed any wayleave or easement allowing the cable to be present to your neighbour. The only consent you have previously given is for cabled services from the street to your own property.

2) This letter is to be considered as a formal "Stop Notice" (Place that in bold across the top of the page, as well as in the text) to cease their tresspass on your land . You give Virgin Media 14 days from their recepit (you send recorded delivery so you'll know when they get it) to remove their tresspassing cable(s). If they fail to remove the cables within that time, you will arrange that yourself and will not accept any responsibility for damage that might be caused to their other equipment.

3) You hold Virgin Media, as the party who would have instructed their contractors to do the installation, fully responsible for the existing damage to your fence (make sure you describe it), and any further damage that they might cause removing their tresspassing cable(s). Within 28 days (you can allow a bit longer since it is presumably less of an inconvenience and also gives time to monitor any damage caused by the stripping out) you want them to properly commit to the repair faiing which you will arrange the works yourself and seek recompense for the costs incurred (you can threaten costs of your time too , stating the rate - keep that real, perhaps related to your true wage, but that might be a gambit too far).


It might also be worth telling your neighbour there is an issue as they might be blissfully unaware. After all maintaining good neighbour relations is probably more important than any dispute with VM.
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Old 05-10-2011, 00:03   #8
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Re: Where do i stand legally

You have a legal right to have the cable removed / re-routed. Aslong as you own your property. I would advise against removeing it youself as vm is a reg utility company therefore tampering with there equip would constitute a criminal offence.
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Old 15-10-2011, 23:07   #9
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Re: Where do i stand legally

i do own the property, so can i just phone the police regarding criminal damage?
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Old 16-10-2011, 05:17   #10
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Re: Where do i stand legally

first step would be to give the neighbor written 28 days notice to remove the cable.
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Old 16-10-2011, 05:38   #11
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Re: Where do i stand legally

Quote:
Originally Posted by lowei View Post
i do own the property, so can i just phone the police regarding criminal damage?
Have you not done what Rob suggested?

Quote:
Originally Posted by Rob View Post
Recorded delivery letter to Virgin Media stating:

1) You have not given permission for any cable to be routed via your property to your neighbours. You have not signed any wayleave or easement allowing the cable to be present to your neighbour. The only consent you have previously given is for cabled services from the street to your own property.

2) This letter is to be considered as a formal "Stop Notice" (Place that in bold across the top of the page, as well as in the text) to cease their tresspass on your land . You give Virgin Media 14 days from their recepit (you send recorded delivery so you'll know when they get it) to remove their tresspassing cable(s). If they fail to remove the cables within that time, you will arrange that yourself and will not accept any responsibility for damage that might be caused to their other equipment.

3) You hold Virgin Media, as the party who would have instructed their contractors to do the installation, fully responsible for the existing damage to your fence (make sure you describe it), and any further damage that they might cause removing their tresspassing cable(s). Within 28 days (you can allow a bit longer since it is presumably less of an inconvenience and also gives time to monitor any damage caused by the stripping out) you want them to properly commit to the repair faiing which you will arrange the works yourself and seek recompense for the costs incurred (you can threaten costs of your time too , stating the rate - keep that real, perhaps related to your true wage, but that might be a gambit too far).


It might also be worth telling your neighbour there is an issue as they might be blissfully unaware. After all maintaining good neighbour relations is probably more important than any dispute with VM.
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