29-06-2008, 16:53
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#31
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Inactive
Join Date: Feb 2007
Location: Here There And Everywhere.
Posts: 520
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Re: virgin media have run a cable up my wall
Quote:
Originally Posted by jungleguy
Jonnymeg I imagined the boundaries as you've illustrated them, if this is the case (Emma will need to confirm) then technically it could be claimed the cable runs up the party wall.
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I don't see how that can be the case as the vertical bit is not a party wall as it does not border the neighbour.
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29-06-2008, 17:22
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#32
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Trollsplatter
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Re: virgin media have run a cable up my wall
Quote:
Originally Posted by Jonnymeg
I don't see how that can be the case as the vertical bit is not a party wall as it does not border the neighbour.
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Quite right IMO, there is no way in which that can be said to be the party wall. It's *close* to the party wall alright, but it's *not* the party wall.
I suspect the tech who did that install would have probably convinced himself that it was the party wall though, I expect that's how he justified this bodge-up to himself.
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29-06-2008, 17:52
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#33
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Inactive
Join Date: Sep 2007
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Re: virgin media have run a cable up my wall
who's wall is the boundary wall? The boundary wall has cable running up the centre of its end. Imagine if the wall facing us was demolished, leaving only the boundary wall, I think you'd understand where I'm coming from.
To avoid controversy I think the tech could have run the cable differently.
Without looking at the deeds and getting a lawyer's involved I couldn't say who right and who's wrong. I just don't think Emma has a strong case.
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29-06-2008, 18:56
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#34
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Inactive
Join Date: Dec 2007
Posts: 18,398
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Re: virgin media have run a cable up my wall
If the cable is on your property and you did not give permission for it to be there then you have every right to remove it.
BUT what I would do is write to VM (recorded delivery) giving them 7 days to remove the cable and to repair the wall, stating that if the work isn't done within seven days that you will remove it and seek damages for the work needed to repoint the brickwork.
After 7 days remove the cable fastenings and if possible place the cable outside of your property (just leave it lying on the floor will do) and then in small claims court put in a claim against them for court costs and repointing (builders costs not just the materials) of repairing the damage.
That's what I would do...
Kymmy
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29-06-2008, 21:11
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#35
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Inactive
Join Date: Feb 2007
Location: Here There And Everywhere.
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Re: virgin media have run a cable up my wall
Quote:
Originally Posted by jungleguy
who's wall is the boundary wall? The boundary wall has cable running up the centre of its end. Imagine if the wall facing us was demolished, leaving only the boundary wall, I think you'd understand where I'm coming from.
To avoid controversy I think the tech could have run the cable differently.
Without looking at the deeds and getting a lawyer's involved I couldn't say who right and who's wrong. I just don't think Emma has a strong case.
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The wall is the end of her building, i don't think it is a garden wall. It that wall was demolished so would be the party wall as it is all part of her extension.
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29-06-2008, 21:38
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#36
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Re: virgin media have run a cable up my wall
I think this is more a boundary dispute than a VM issue. I'll leave it to the experts.
Jonnymeg what makes you think its Emma wall? We don't know!!!!! We don't know the details of her deeds!!!!!! We don't even know if its a boundary wall!!!!!. We're not ignorant....we just dont know all the facts (pun before you correct me)
I think we can't offer advise on this matter, there's too much grey area.
Emma needs to clarify some issues and questions.
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29-06-2008, 21:50
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#37
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Inactive
Join Date: Feb 2007
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Re: virgin media have run a cable up my wall
Quote:
Originally Posted by jungleguy
I think this is more a boundary dispute than a VM issue. I'll leave it to the experts.
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How can that be? There was no dispute until VM came along.
Quote:
Originally Posted by jungleguy
Jonnymeg what makes you think its Emma wall? We don't know!!!!! We don't know the details of her deeds!!!!!! We don't even know if its a boundary wall!!!!!. We're not ignorant....we just dont know all the facts (pun before you correct me)
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She has already told us it is the end of her extension. It is her house. She has also told us that in her deeds there is not clause that allows such actions.
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01-07-2008, 17:39
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#38
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Inactive
Join Date: Jun 2008
Posts: 12
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Re: virgin media have run a cable up my wall
Hi,
Some better photos, the wall is close to the party wall but is not the party wall, thanks jonnymeg your description os spot on. Still waiting for a reply from vm will let you know as soon as.
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01-07-2008, 17:46
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#39
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Inactive
Join Date: Jun 2008
Posts: 12
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Re: virgin media have run a cable up my wall
there is no clause in my deeds, the cable has been run up my back wall and drilled into to the attach the cable, it is not the boundary wall which is down the side.
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01-07-2008, 17:55
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#40
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Trollsplatter
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Re: virgin media have run a cable up my wall
I can't see any justification for the cable being on your back wall. As for the run down the side wall towards your neighbour's house, well I think any argument about whether that is a party wall, for the purposes of the Party Walls Act, is probably pointless, it's as near as dammit on the boundary and you'd have a hard time proving otherwise. I think the cable running down the side is there to stay, but the totally ugly job up the back, with the trunking and the wobbly black exposed cable is another matter - that shouldn't be there, and I reckon you should be able to get VM to sit up and pay attention if you inform them you will be removing it yourself in 14 days if they haven't arrangemed to do it to your satisfaction.
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01-07-2008, 18:42
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#41
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Inactive
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Re: virgin media have run a cable up my wall
looks to a bit of a bodge job anyway, doesn't any one take pride in their work any more? the cable should be perpendicular and secured in a way that it can't get caught by something accidentally and pulled off!
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01-07-2008, 18:43
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#42
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Inactive
Join Date: Feb 2007
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Re: virgin media have run a cable up my wall
Quote:
Originally Posted by isismcbank
there is no clause in my deeds, the cable has been run up my back wall and drilled into to the attach the cable, it is not the boundary wall which is down the side.
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That cable should have been taken from the tee and clipped low down along the party wall. There is absolutely no reason why that cable should go up first and then round the corner.
That is a ***** install and if it were my house it would be off the wall by now!
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10-07-2008, 18:25
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#43
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Inactive
Join Date: Jun 2008
Posts: 12
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Re: virgin media have run a cable up my wall
Hi,
Just to let you know, that VM rang me today and said they had looked at the cable and would be removing it and would put the wall back to how it was, Thank you for all your advice it was most helpfull, goes to show that these companies do not like being threatened with legal action,
Emma.
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10-07-2008, 18:33
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#44
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Re: virgin media have run a cable up my wall
Nice one, glad it's getting sorted
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10-07-2008, 18:35
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#45
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cf.mega poster
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Re: virgin media have run a cable up my wall
Quote:
Originally Posted by isismcbank
Hi,
Just to let you know, that VM rang me today and said they had looked at the cable and would be removing it and would put the wall back to how it was, Thank you for all your advice it was most helpfull, goes to show that these companies do not like being threatened with legal action,
Emma.
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Excellent news.
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