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Re: Garden Dug Up and Cable installed on my property without knowledge
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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. |
Re: Garden Dug Up and Cable installed on my property without knowledge
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.
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Re: Garden Dug Up and Cable installed on my property without knowledge
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. |
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Re: Garden Dug Up and Cable installed on my property without knowledge
I just cannot believe it is still going on. Hope it all works out for you.
Duke |
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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. |
Re: Garden Dug Up and Cable installed on my property without knowledge
Stick with claiming from BT. It is up to them to claim from their contractors.
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Re: Garden Dug Up and Cable installed on my property without knowledge
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. |
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Re: Garden Dug Up and Cable installed on my property without knowledge
I really hope this gets sorted for you soon. It has gone on far too long now!
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Re: Garden Dug Up and Cable installed on my property without knowledge
Good luck Rag3d! Let us know how you get on :)
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Re: Garden Dug Up and Cable installed on my property without knowledge
Good luck.
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Re: Garden Dug Up and Cable installed on my property without knowledge
Good luck and keep us posted.:)
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Re: Garden Dug Up and Cable installed on my property without knowledge
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). |
Re: Garden Dug Up and Cable installed on my property without knowledge
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.
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Re: Garden Dug Up and Cable installed on my property without knowledge
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. |
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Re: Garden Dug Up and Cable installed on my property without knowledge
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Congratulations! :clap: 'cus I'm a nosy bugger, how much did you claim for and how much did you get? :p: |
Re: Garden Dug Up and Cable installed on my property without knowledge
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 |
Re: Garden Dug Up and Cable installed on my property without knowledge
Wicked!!! Well done. A win for the consumer.
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Re: Garden Dug Up and Cable installed on my property without knowledge
:clap:
Underdog 1, Corporate Stupidity nil. :D |
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Re: Garden Dug Up and Cable installed on my property without knowledge
Excellent News, Pleased For You :D
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Re: Garden Dug Up and Cable installed on my property without knowledge
Fantastic news mate. Well done
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Re: Garden Dug Up and Cable installed on my property without knowledge
Excellent news :clap:
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Re: Garden Dug Up and Cable installed on my property without knowledge
WOW never sen this thread before, just read it all from start to finish, well done that man for never giving up and getting what u deserve.
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Re: Garden Dug Up and Cable installed on my property without knowledge
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The way you have been treated especially by BT passing the buck was disgusting. Total pigs. Talking of which, how are the neighbours....?:) When I was rereading this thread recently, I think I may have sussed what happened in regards to "those next door". When the installers came, I think your neighbour (the builder who knows the law and everything else...) pretended to be you and gave the permission for the trench across your garden. I cannot believe even the most stupid company would have done that to you without believing it had permission to do so. Treat yourself to a nice holiday with the dosh. Oh, perhaps not. You might come back to find the back garden dug up!:D |
Re: Garden Dug Up and Cable installed on my property without knowledge
All's fine with neighbour. Dont think he gave them the nod although the contractor did at the beginning suggest someone else did backed up by a nuetral party who overheard something to that effect. The contractors problem was they did'nt have anything signed by the property owner, me. They also could not prove getting verbal permission from anyone. That wouldnt have counted anyway.
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Re: Garden Dug Up and Cable installed on my property without knowledge
Voted best thread 2010 - 2011
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Re: Garden Dug Up and Cable installed on my property without knowledge
Interesting thread. Someone working for BT have just begun digging up my dad's front lawn and drive with a digger so they can lay a new phone cable. No one gave them any permission.
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Re: Garden Dug Up and Cable installed on my property without knowledge
@skyline, Is the New phone cable for your dad? If not as Peter sed sue them.
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Re: Garden Dug Up and Cable installed on my property without knowledge
Hi Skyline, find out who has done what, why they have done it and who said they could do it. Now your armed. Dont go chopping things up it will confuse the issue. Above all have patience, if they are in the wrong they will blame anyone they have used as contractors etc, they will repeatedly fob you off with anything they can and in general hope you get sick of the whole thing and go away. If you have been wronged only go after the main contractor, if you go after sub contractors you wont have as strong a case especially if those contractors should move on. I could go on forever about these people but we shall leave it there for now and if I can help you following my experience with them I would only be to pleased to do that. Lets know how you get on.
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Re: Garden Dug Up and Cable installed on my property without knowledge
You could try contacting the police about a possible criminal damage charge to add some weight to it
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Re: Garden Dug Up and Cable installed on my property without knowledge
And start taking some photos to document it for evidence.
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Re: Garden Dug Up and Cable installed on my property without knowledge
virgin media cable in my garden and it is for my neighbours service Virgin media came out to remove the cable three times and my neighbour gave three different reasons to why she wanted to stay in my garden 1st being that she wanted the service but wanted the cable to remain in my garden 2nd reasons is that she wanted VM to promise that they would not cut through any other cable in her garden to which VM could not guarantee the 3rd and wait for this she then told VM that it was her land. Two field managers came out to see me and i proved the land was mine but they said they would not be moving it and now i have to pay a lawyer to send a copy of the deeds to their legal team why should i have to pay when i have proved to there field manager the land is mine!!! so angry at VM....why do they not ask my neighbour for prove that the land is her's i will be sending them a letter from my lawyer and i will be claiming my loss from them as i have proved the land is mine as after all TITLE DEEDS PROVE THE LAND IS MINE so what is there problem Did i say in my opinion VM took the easy way to route the cable as my neighbours garden is full of trees i mean big leylandii trees, where as my garden is soil why does VM do this as only the owner of a property can give them permission.
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Re: Garden Dug Up and Cable installed on my property without knowledge
shove a spade through it "accidentally"
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Re: Garden Dug Up and Cable installed on my property without knowledge
That's the Christmas spirit....
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Re: Garden Dug Up and Cable installed on my property without knowledge
chop it out asap. see this all the time. the standard of cable laying/ fixing/ termination at most customer premises by virgin 'contractors/employees is friggin shocking. and that is the reason i will not have virgin tv installed at my property.
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Team 1 came and installed the cable, but left it coiled up. I dug my lawn and buried it 12" deep. Team 2 came to finish the job, But job had already been done. They even admitted to me they would only bury it 6" but previous experiences suggest I would be lucky if it was buried 4". |
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Chop up the cable and wrap it up in a christmas wrapper? |
Re: Garden Dug Up and Cable installed on my property without knowledge
getting boundary survey and sending it to their legal team and i will bill Virgin Media for the expense as i have proved it is my land by producing title deeds but a boundary survey then it is so detailed there will be no misunderstanding about who owns the land ..... the survey is getting done on the 9th of January 2014 oh happy days....
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Re: Garden Dug Up and Cable installed on my property without knowledge
Wow!
The poster has not said any damage to his property was caused (besides his/her understandable annoyance), and yet these sort of responses are given. Let's hope you never park your car causing someone inconvenience, and the person doesn't share your attitude.... |
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If your usual none relevant analogy was to happen and the person was to say please could you move your car and the other said person was to have an attitude after being asked then it may work.............................................. ................................................. |
Re: Garden Dug Up and Cable installed on my property without knowledge
As to Hugh comments It is my land and it is above the ground i wanted to mono block my front garden so i requested VM remove their cable from my property because if their was ever a fault they would not ruin my garden as they have quoted to us if there was ever a fault with that cable they would have to dig up where the cable lies in MY Garden to fix it. Ask yourself this Hugh would you like to have a garden people are using for sevice you are not getting then be told if you ever were to do hard landscape to it and you paid good monies to make your garden look quite nice VM dug it all up to repair the fault for services you are not getting but neighbour is... oh by the way neighbour has been told that the cable should be in her garden but guess what YIP she wants it to remain in quote In The Neighbours Ground Her words to VM field manager. I just thought prevention was better than cure. This neighbour does not get on with anyone in the estate cos of their selfish attitude hope you never get a neighbour like this bet you would be like me and really angry at their arrogant attitude. I really do hope you never experience this Hugh as i would not wish this on my worst enemy... Or would let someone put a sattelite dish on your home or VM cables in your garden to supply your neighbour if so hats of to you man..
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Re: Garden Dug Up and Cable installed on my property without knowledge
I have a neighbour who takes pride in his garden his front lawn could be used on a golf green.
He would be miffed if it was dug up. Personally I would dig it up and dump it on his lawn, no criminal damage as it was placed on my property without my express permission signed on paper. I would first sen VM a letter stating that unless they removed said cable from my property withing x number of days I would remove it and bill them for doing so. |
Re: Garden Dug Up and Cable installed on my property without knowledge
It seems absurd that you need to get a boundary survey? If that is the case then there has probably already been a lot of legal correspondence so that the alleged trespass of the cable over your garden is not that clear cut. If it were clear cut then, regardless of the attitude of VM's field managers, who you indicate accept there is a problem, the legals would have told them to remove it.
So has there in fact been any formal written notice, ideally recorded delivery, so VM's legals do know there is a dispute? |
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catv is the lowest common denominator in terms of quality of install and engineers, bt has followed suit as at the moment it can see the benefits of paying peanuts however it is yet to see the downside. :mad: |
Re: Garden Dug Up and Cable installed on my property without knowledge
This happened over the Christmas holidays so have had to wait for boundary survey getting done on the 9th of January 2014 as this is more detailed than the title deeds then i will send a copy to VM at the address VM team gave me Virgin Media, Media House, Bartley House, Hook, there has been no legal correspondence as yet only one letter asking for relevant documents when i phoned and said i showed title deeds to field manager who agreed cable was in my land in his opinion they said his opinion is not legal so i would also need boundary survey stating which garden the cable is in I COULD CRY as this is now classed as a land dispute. So i need to prove the land is mine i need to prove neighbours cable in my garden but surveyor will write all this in his report as he is a independent surveyor and on no ones side i know it is hard to believe but believe me i am living it and paying for it..really upset and confused at how this could have happened:confused:
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Re: Garden Dug Up and Cable installed on my property without knowledge
Make it very clear to Virgin Media that, especially since their field manager has agreed the cable is on your land, all expenses that you incur in proving your claim and their trespass will be claimed from them. Do that in writing now, by recorded delivery, in the hope that they will see sense. You don't need a lawyer to write that sort of letter.
Yes title deeds can be a problem. The plans attached are at such a small scale that they simply show your land adjoins the neighbours, not exactly where boundaries lie. Sometimes there are more detailed plans from when the estate was laid out, but even then boundary markers can move. Unfortunately, if your neighbour is effectively claiming part of your garden as theirs, which seems to be an implication if they are saying the cable should stay there, you may be drawn into a long dispute where there may be no winner over cost. It can get worse as when you try and sell a property a common question is whether you are in or have had a neighbour dispute, and you have to truthfully answer which can put off purchasers devaluing property. |
Re: Garden Dug Up and Cable installed on my property without knowledge
Thanks Rob that is why me and my husband has decided to go ahead with the boundary survey but i think i will take your advice and and tell virgin media that all expenses that i occur in proving my claim will be claimed by them. There are 2 reasons now for the boundary survey one being once we get it and we sell there will be no dispute to declare as it will have been sorted and the other reason for virgin media to take that horrible green thing out of my garden thanks again for the advice
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Re: Garden Dug Up and Cable installed on my property without knowledge
Took your advice Rob and that's the letter with copy of deeds away to Virgin Media legal department recorded delivery.
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Re: Garden Dug Up and Cable installed on my property without knowledge
Letter has been received by Virgin Media now waiting for a reply....
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Re: Garden Dug Up and Cable installed on my property without knowledge
dont hold your breath !!
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Re: Garden Dug Up and Cable installed on my property without knowledge
They need to as it is now legal....28 days
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Re: Garden Dug Up and Cable installed on my property without knowledge
Virgin Media Access field manager phoned today and gave me a reference number about the case, they said to give them 14 days so just waiting now.
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Re: Garden Dug Up and Cable installed on my property without knowledge
Glad to hear it is progressing - I hope you get it resolved to your satisfaction.
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Re: Garden Dug Up and Cable installed on my property without knowledge
Thanks and so do I.
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Re: Garden Dug Up and Cable installed on my property without knowledge
Phoned VM and said they will be no longer dealing with me and to instruct my solicitor with regards to this matter and i am so glad that i went ahead with getting a boundary survey now I think VM is using stalling tactics now :banghead: totally unbelievable :shocking:
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Re: Garden Dug Up and Cable installed on my property without knowledge
Chief Executive department phoned me today:omg: and said they are looking into the issue with the cable being laid in my garden, I do not know if this is a good thing or not :confused:I am hoping that means it will be getting removed soon they said that they will phone me back on Monday does anyone think this will be good news for me surely if it was not going to be moved they would have said that!!! :help:
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Re: Garden Dug Up and Cable installed on my property without knowledge
I think I would still "accidentally " shove a spade through it. Say it was an employed gardener you forgot to tell. That will speed things up
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Re: Garden Dug Up and Cable installed on my property without knowledge
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Re: Garden Dug Up and Cable installed on my property without knowledge
:LOL: here I go :ninja: I'm joking of course I would never do anything illegal...but I have wished lately I had the guts to just cut the dam thing but that would make me just as bad as Virgin Media and my selfish and very arrogant neighbour and that to me is a :nono: no no as I would never bring myself down to there extremely low standards.:rolleyes:
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Re: Garden Dug Up and Cable installed on my property without knowledge
And you'd risk getting a conviction for criminal damage.
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Re: Garden Dug Up and Cable installed on my property without knowledge
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as I say hire a lad to do the garden and "forget" to tell him/her |
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Re: Garden Dug Up and Cable installed on my property without knowledge
:LOL: Who knows what the future holds we were planning to hard landscape that area anyway.:notme: but I do agree with your comment...about the court as we have been told this will could put future buyers off if we ever did decide to sell or they could use this as a bargaining tool to lower the price :eek: I know I would be put off because I would not to buy a property that could be dug up any time through a fault and to add insult to injury not even for a service that they are supplying you nor were ever given by you to lay there cable in the first place as only the owner of a property can grant a wayleave not the neighbour.. In the deeds it says only electric,gas and sewage has the rights to go onto said property not Virgin Media..
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Re: Garden Dug Up and Cable installed on my property without knowledge
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Re: Garden Dug Up and Cable installed on my property without knowledge
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The only services that are allowed are for necessity electric gas and water as this is stated on the title deeds not virgin media cables.. |
Re: Garden Dug Up and Cable installed on my property without knowledge
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good luck |
Re: Garden Dug Up and Cable installed on my property without knowledge
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Do what your lawyer tells you, not what anyone on an internet forum tells you, me included. |
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Re: Garden Dug Up and Cable installed on my property without knowledge
Well that's the Lawyers letter away :bsmack: Oh Happy days :p: I'm going for a wee vodka and irn bru with ice now :beer: cheers :D
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Re: Garden Dug Up and Cable installed on my property without knowledge
Classy :D
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Re: Garden Dug Up and Cable installed on my property without knowledge
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Re: Garden Dug Up and Cable installed on my property without knowledge
You could have just been playing spade throwing sports in your own garden, and it just happened to accidentally land on a cable you didn't know was there, because it shouldn't have been there in the first place.
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Re: Garden Dug Up and Cable installed on my property without knowledge
;) like it LOL
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Re: Garden Dug Up and Cable installed on my property without knowledge
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Re: Garden Dug Up and Cable installed on my property without knowledge
Rabbits eat cables all the time, pretty annoying
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Re: Garden Dug Up and Cable installed on my property without knowledge
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I've never seen a drop cable more than a shovels depth |
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Re: Garden Dug Up and Cable installed on my property without knowledge
Correct. But it's frequently not the case in real life.
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Re: Garden Dug Up and Cable installed on my property without knowledge
Well they should get their bums kicked for not doing the job correctly...
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Re: Garden Dug Up and Cable installed on my property without knowledge
most of the cable tv network in my area is only a couple of inches below the footway, if youre lucky. !! once it hits the customers boundary, anything goes. unfortunately this is now the industry bench mark, shoddy, cheap and not so cheerful.
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Re: Garden Dug Up and Cable installed on my property without knowledge
Could not agree with you more SHODDY,CHEAP and not so CHEERFUL seems to sum it up well said...:clap:
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Re: Garden Dug Up and Cable installed on my property without knowledge
If techs use a shovel to dig a line in the grass, how exactly are they supposed to get it deeper than a shovels depth? Ive never burried a cable but I have pulled them up to gel pack a split then reburried it in the same trench.
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Re: Garden Dug Up and Cable installed on my property without knowledge
It was on loose soil...neighbour has grass surrounded by Leylandii hedge so they seem have took the easy option my garden with the loose soil... NOT RIGHT MY GARDEN...IF my neighbour wanted VM it should have been laid in their land not my garden....After all if there choice was Sky would they have put it on my wall NO!!! so what gives them the friggen right to lay it in my garden one word NONE...
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Re: Garden Dug Up and Cable installed on my property without knowledge
True, Im just thinking how they are supposed to dig lower than a spades depth, there are tree roots, plants etc, to double dig would mean there would be a huge trench in the ground to refill.
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Re: Garden Dug Up and Cable installed on my property without knowledge
Sorry but not my problem it is there's and my very arrogant neighbours...
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Re: Garden Dug Up and Cable installed on my property without knowledge
One thing I have noticed is that th OP is in Scotland, and the law there could be very different.
As my sister found out when my brother in law faced moving there, my sister's legal qualifications weren't valid there. |
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Re: Garden Dug Up and Cable installed on my property without knowledge
Please do not use asterisks to avoid the site swear filter - this is against Site T&Cs.
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Re: Garden Dug Up and Cable installed on my property without knowledge
Sorry, Hugh I have changed it, got a bit carried away...
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Re: Garden Dug Up and Cable installed on my property without knowledge
Just found out today at 09:35 I have a legal right to remove anything from my own land that was installed without my permission, but it must be done with no damage to cable as VM own that, so unfortunately for me I can't remove it without risking damage therefore could be liable for damage talking about been given good news then it be took away in the same sentence, I came off the phone thinking :wtf::help:, but the good news is that it looking like my Lawyer has them on something quite big that I could get them on, not saying too much as to what it is but it is HUGE and the reason I am not saying anything at the moment is do not want to give VM heads up as to what is coming to them because someone who works for VM could read this and I do not to spoil my surprise for them :D ...what I will say is anything that VM has laid on my property what they are supposed to do is ask for my permission and be granted a way leave as I have said before only the owner of the property can grant that... ;) Got you VM and let's just say according to the deeds on 4 things so far.... :) Oh what a nightmare for both of us I say but I will keep fighting for my rights as a home owner until my last breath that is a promise VM and certainly not intended as a threat and is nothing against yourself as a company, it is merely us protecting our investment ... and our children's inheritance ...
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well wait till the guy is out or in bed dig the cable up and disconnect it from his box(outside his house) then leave it curled up and tell vm it has been removed You have returned the trespass in kind done no damage and removed the cable. You still have the option of not telling a gardener ;) note to anyone in the future just shove a spade through it "accidentally" and save yourself all the hassle |
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