Garden Dug Up and Cable installed on my property without knowledge - Page 8

**Chris** · 01-07-2010, 18:00

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.

Stick with it. It's unlikely BT's lawyers have been anywhere near this so far, but the moment they get a summons it will come to their attention. It will most likely be miraculously settled very quickly by BT at that point.

Angua · 01-07-2010, 18:07

Stick with claiming from BT. It is up to them to claim from their contractors.

rag3d · 03-09-2010, 13:44

Another update,
Started court action, BT have suddenly found a solicitor to deal with it.
They seem to want to drag it out, they have entered their contractors as part 20 defendants, these people had untill yesterday 2/9/10 to respond to the court.
From what I can understand of the BT solicitors intention is that they intend to deny responsibility for anything thats mentioned. They insist that I should show proof of my claim [good job I followed advice from members about plenty of pics]. Most of the paperwork I received from them seems to concern them being able to claim through this court action from their contractors if the court should find against them with my claim.
I am not positive but they seem to me to be piggybacking little me's claim as a way of not having to pay out anything to anyone. Very impressive for a big company I'm sure.
Why they couldnt deal with their contractors after the case is decided is beyond me.
It is a worry that these people through experience know exactly what they are doing and they are manouvering me into a position whereby they can stitch me up. Still I'll know more next week one way or another, fingers crossed.

Sirius · 03-09-2010, 13:50

Quote:

Originally Posted by rag3d

Another update,
Started court action, BT have suddenly found a solicitor to deal with it.
They seem to want to drag it out, they have entered their contractors as part 20 defendants, these people had untill yesterday 2/9/10 to respond to the court.
From what I can understand of the BT solicitors intention is that they intend to deny responsibility for anything thats mentioned. They insist that I should show proof of my claim [good job I followed advice from members about plenty of pics]. Most of the paperwork I received from them seems to concern them being able to claim through this court action from their contractors if the court should find against them with my claim.
I am not positive but they seem to me to be piggybacking little me's claim as a way of not having to pay out anything to anyone. Very impressive for a big company I'm sure.
Why they couldnt deal with their contractors after the case is decided is beyond me.
It is a worry that these people through experience know exactly what they are doing and they are manouvering me into a position whereby they can stitch me up. Still I'll know more next week one way or another, fingers crossed.

Good luck

Dukefever · 03-09-2010, 18:05

I really hope this gets sorted for you soon. It has gone on far too long now!

**Graham M** · 03-09-2010, 18:09

Good luck Rag3d! Let us know how you get on

tdadyslexia · 03-09-2010, 18:45

Good luck.

Peter_ · 03-09-2010, 18:50

Good luck and keep us posted.

beeman · 03-09-2010, 21:21

Quote:

Originally Posted by rag3d

Another update,
Started court action, BT have suddenly found a solicitor to deal with it.
They seem to want to drag it out, they have entered their contractors as part 20 defendants, these people had untill yesterday 2/9/10 to respond to the court.
From what I can understand of the BT solicitors intention is that they intend to deny responsibility for anything thats mentioned. They insist that I should show proof of my claim [good job I followed advice from members about plenty of pics]. Most of the paperwork I received from them seems to concern them being able to claim through this court action from their contractors if the court should find against them with my claim.
I am not positive but they seem to me to be piggybacking little me's claim as a way of not having to pay out anything to anyone. Very impressive for a big company I'm sure.
Why they couldnt deal with their contractors after the case is decided is beyond me.
It is a worry that these people through experience know exactly what they are doing and they are manouvering me into a position whereby they can stitch me up. Still I'll know more next week one way or another, fingers crossed.

Dont let BT's actions get you down, the small claims court are VERY used to dealing with big companys delaying tacticts and it dosnt impress them one bit. You have to remember that a small claims case ISNT delt with in a tratitional court room but actually almost totally in the judges "chambers" (small meating room) in a much more "informal" suituation. The actions of big representation in small claims actually has an adverse affect on a case.

**Chris** · 03-09-2010, 23:17

What he said.

The best way to impress the judge in the small claims court is to get prepared, tell the truth simply and without embellishment, and present lots of supporting information ... in your case, the photos of your lawn plus evidence of the reasonable costs you have incurred during the whole sorry episode (that means, putting right the mess and pursuing your claim at court).

rag3d · 04-12-2010, 23:25

Believe it or not its still going on. Since last posting I have had lots of copies of documents that are going between BT and their contractors. The contractors have accepted BTs liability and from what I can make out agreed to pay BT some costs. BT therfore have squirmed out of this and at this point I believe I will be going to court with the contractors who have taken the place of BT. These contractors have their sub contractors who have not put in an appearance at this time. Dont know if they will or if the main contractors will get on with it.Questionaires have been submited to the court and I await a date to attend, that is if the other side dont have another delaying tactic.

rag3d · 23-01-2011, 15:57

Patience is a virtue. After almost a year of chasing and waiting I have recieved full payment of the claim I made for the damage and costs involved when my garden was illegaly dug up. The party responsible ended up paying around three times the claim I made. This is because it was passed from the main contractor [BT] to their sub- contractor [Carillion]. They used their solicitors to deal with my claim accepting the liability from BT. The contractors who were working for Carillion and caused the damage [Cobra] agreed to settle my claim in full and I assume the costs of the other parties involved, these costs far outweighed the original claim I had made. The payment was only made a week or so before the court hearing.
Many thanks to all who put their piece into my problem, it does make a difference to know that you have the support of and receive advice from like minded people.

Peter_ · 23-01-2011, 15:59

Quote:

Originally Posted by rag3d

Patience is a virtue. After almost a year of chasing and waiting I have recieved full payment of the claim I made for the damage and costs involved when my garden was illegaly dug up. The party responsible ended up paying around three times the claim I made. This is because it was passed from the main contractor [BT] to their sub- contractor [Carillion]. They used their solicitors to deal with my claim accepting the liability from BT. The contractors who were working for Carillion and caused the damage [Cobra] agreed to settle my claim in full and I assume the costs of the other parties involved, these costs far outweighed the original claim I had made. The payment was only made a week or so before the court hearing.
Many thanks to all who put their piece into my problem, it does make a difference to know that you have the support of and receive advice from like minded people.

Nice one I hope you received enough to have a family treat.

LSainsbury · 23-01-2011, 16:12

Quote:

Originally Posted by rag3d

Patience is a virtue. After almost a year of chasing and waiting I have recieved full payment of the claim I made for the damage and costs involved when my garden was illegaly dug up. The party responsible ended up paying around three times the claim I made. This is because it was passed from the main contractor [BT] to their sub- contractor [Carillion]. They used their solicitors to deal with my claim accepting the liability from BT. The contractors who were working for Carillion and caused the damage [Cobra] agreed to settle my claim in full and I assume the costs of the other parties involved, these costs far outweighed the original claim I had made. The payment was only made a week or so before the court hearing.
Many thanks to all who put their piece into my problem, it does make a difference to know that you have the support of and receive advice from like minded people.

Congratulations!

'cus I'm a nosy bugger, how much did you claim for and how much did you get?

rag3d · 23-01-2011, 16:52

I was not to sure if I should disclose any amounts, but stuff them they made me wait long enough not to sure of what was going on and the cheques cleared so here is how it worked out with approx figures.

Claim to renew lawn; £460.00
My costs; £1000.00

Paid in full.

I understand the costs of other contractors against the people who caused the damage
were in the region of £2500 I believe they would not have had this to pay if they had dealt with my claim at the outset instead of burying their heads in the sand.

So instead of £1500 they are now I believe in the region of £4000 out of pocket.

My heart bleeds for them NOT