Garden Dug Up and Cable installed on my property without knowledge - Page 7

**Chris** · 01-04-2010, 19:48

If you'd been banned, we wouldn't be having this conversation.

Horizon · 01-04-2010, 19:51

...oh well, then I wasn't. My imagination.

I'm nice and cuddly really. Honest....

rag3d · 01-04-2010, 20:31

Verizon,why does it sound confusing? because depending on who I talk to the story changes. Everyone is trying to distance themselves from it because they all know how wrong this is. Have spoken to solicitors and BT legal dept, have the claims form and the quotes, they should have them next week. The ball is then in their court to decide how far they want to go with it. I know exactly what your saying and believe me in the weeks this has been going on I have on plenty of occasions felt like letting rip as you suggest. I do not however want to do something I will later regret, so I'm trying to remain calm. I wish you were my neighbour at least I would know where I stood. But we've all got what we've got and we have to make the best of it.
Dont worry I really dont intend to let them walk all over me I promise you.

speedfreak · 02-04-2010, 02:08

Its easy for people on a forum to say go and kick off with the neighbour etc but at the end of the day you have to live next door to them and see them daily. Just sort it with BT and get them to sort the lawn. Forget thinking about what the neighbour MIGHT have done or said, its not the end of the world, BT sound like they have admitted they are in the wrong. Just sort it with them and leave the neighbour out of it. Its not worth falling out over

beeman · 03-04-2010, 07:50

Quote:

Originally Posted by Horizon

Then sue, for crying out loud. What are you waiting for?? I know some people are a little bit "nervous" or timid about such things, but if you don't stand up for your rights, who will?

Oh boy....Forget all that, sue for criminal damage. Ask a solicitor, not the idiot who said you'd be liable if you damaged the cable, about suing the neighbours too.

Sue, Sue, Sue!!!

You are aware before taking legal action you have a legal responsibility to try alternative means first. If you goto court without taking alternative steps first your case would bee dismissed (meaning you loose).

The op IS going about this the right way dealing with claims department. If and ONLY if he gets no joy after a reasonable amount of time Then he has to give final notice to BT (and the neighbor as BT were working as agents for the neighbor) that they must satify the case within 28 days (maby 14 i cant quite remember), THEN and ONLY then can he contact the small claims court to issue a summons, following that BT will have 28 days to respond (they may ask for a posponment). Finally then can he goto court.

Sueing someone isnt the first step in getting issues resolved (it dose quite annoy me when people think it is) it is in fact LEGALLY the LAST step.

rag3d · 09-04-2010, 12:15

Have received a reply from BT this morning following receipt of my claim. They advise that is is down to their contractor Carillion and as such have sent them the claim and directed me to deal directly with them!!!! Talk about Teflon shoulders. Surely it is down to BT to manage the claim, after all they are the people that got paid for the installation?? Any ideas? I have a feeling that between BT, Carillion and Cobra I am going to just get the run around. Who should be responsible for this?

Saaf_laandon_mo · 09-04-2010, 12:20

I'd say that if you are planning on suing anyone, then the contractor would be a better option than BT simply because you would be taking on a smaller entity. You could fill in a smalls claim for against all parties and see how they respond. One might not show up in court and you're covering your bases. But get proper legal advice as I'm no expert.

Pog66 · 09-04-2010, 12:23

Don't accept that!! - your neighbour engaged BT to provide a service - it should be BT's responsibility to manage their subcontractors. If your neighbours service wasn't working due to a poor installation then I suspect BT wouldn't direct them to talk to Cobra

Turkey Machine · 09-04-2010, 12:49

Quote:

Originally Posted by Pog66

Don't accept that!! - your neighbour engaged BT to provide a service - it should be BT's responsibility to manage their subcontractors. If your neighbours service wasn't working due to a poor installation then I suspect BT wouldn't direct them to talk to Cobra

That's simply a "pass the ball" exercise on BT's part, and them absolving themselves of blame. If you're gonna sue anybody, sue BT because they're the originating party.

**Chris** · 09-04-2010, 12:50

Do not deal with Carillion. They are a supplier of BT, acting on BT's instructions. Respond by recorded post explaining that you hold BT responsible and consider that any arrangements they have to make to resolve the issue with their suppliers are their own business. Give them 28 days from the date of the letter to resolve the issue. Explain that you will commence proceedings in the County Court without further warning if BT has not resolved the issue to your satisfaction by then.

rag3d · 30-04-2010, 10:41

Quote:

Originally Posted by Chris

Do not deal with Carillion. They are a supplier of BT, acting on BT's instructions. Respond by recorded post explaining that you hold BT responsible and consider that any arrangements they have to make to resolve the issue with their suppliers are their own business. Give them 28 days from the date of the letter to resolve the issue. Explain that you will commence proceedings in the County Court without further warning if BT has not resolved the issue to your satisfaction by then.

Have done as you suggested Chris but with 14 days. One day before this expired BTs contractors Carillion wrote telling me they had recieved details of my claim from BT and had in turn forwarded this to their sub contractors Cobra.
They say Cobra will have an internal investigation and contact me shortly with their findings. They are to date performing exactly as the forum members expect them to.
I have taken advice which is that it is BTs liability and that I should instruct a contractor to do the work, pay for it, send my paid invoice to BT and if no response proceed with claim through court.
I intend to follow this solicitors advice and have started the ball rolling by asking the landscape contractor to do the work ASAP.

**Chris** · 30-04-2010, 11:45

Your solicitor is of course absolutely correct. Your neighbour made a contract with BT. Any cock-ups in the fulfilling of that contract are BT's responsibility.

rag3d · 01-07-2010, 12:54

Hello all, Update on my problem with BT.

I have had my lawn renewed and issued BT my costs. They quickly responded that they would pass this on to their contractor Carillion. To date I have heard nothing further.
The 28 days I gave them to respond has now passed. I will next week issue a court claim against BT.

Sirius · 01-07-2010, 17:37

Quote:

Originally Posted by rag3d

Hello all, Update on my problem with BT.

I have had my lawn renewed and issued BT my costs. They quickly responded that they would pass this on to their contractor Carillion. To date I have heard nothing further.
The 28 days I gave them to respond has now passed. I will next week issue a court claim against BT.

Make sure its a BIG claim

Dukefever · 01-07-2010, 17:50

I just cannot believe it is still going on. Hope it all works out for you.

Duke