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Should i be angry?

Discussion in 'General Gardening Discussion' started by Adam Moran, Jun 14, 2009.

  1. Steve R

    Steve R Soil Furtler

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    Ummm nope..not acceptable Adam. Your greenhouse was destroyed by a wayward council worker, its up to them to replace it as they have already admitted responsibilty and made an offer to you (albeit a pathetic offer).

    Kindly remind them that the greenhouse was on your plot, which is your responsibility and the tractor ran over it and destroyed it, first dibs on something that might be there in the future is not compensation...its a quick get out for the council.

    Any legal eagles out there that can offer better advice for Adam?

    Good luck mate, but dont give up till you get your greenhouse back.

    Steve...:)
     
  2. Helofadigger

    Helofadigger Gardener

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    Adam I have to agree with Steve it's just not good enough!
    I would suggest you treat it almost like a home insurance claim and demand a 'like for like' replacement after all it wasn't your fault the incident took place ..... as we all know you never accept the first offer!

    Good luck and stick to your guns.Hel.xxx.
     
  3. andybike

    andybike Gardener

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    no absolutely unacceptable by any standard,i would not accept anything less than a replacement afterall it was 1 of their employees who destroyed your property.
     
  4. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    Hi Adam,

    I've just spotted this thread. I'm not a professional legal bod but, as some of the people on here know, I do a lot of consumer fighting.

    Steve is right. They have already admitted that they are at fault - do you have any corespondence to that effect? If not then you should note down what conversations you have had with them. You should always act as though you noted them down immediately after the conversations - dates and names would help - so that you sound authoritative in any discussions.

    Their employee/agent did not do the job properly resulting in damage to your property. As he was acting on their behalf they are responsible. If they try to say that he was not following his instructions and therefore he is responsible you should say that their argument is wrong. They are responsible for whatever he does whilst attempting to do the job he had been allocated. They have already said that he was only meant to do the paths. Either he wasn't instructed properly (their fault) or he wasn't competent to do the job (their fault).

    You should work out how much you will be out of pocket - get quotes or adverts for what has been destroyed - and send a letter to them explaining that it was their fault and therefore you should be fully reimbursed for your loss. If you want help wording the letter just PM me :thmb:
     
  5. Helofadigger

    Helofadigger Gardener

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    Adam you would do well taking Shiney up on his kind offer of aid after all he is indeed a one man fighting machine against the powers that be and the under dog....if anybody can sort it out Shiney can!:gnthb: Hel.xxx.
     
  6. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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  7. Steve R

    Steve R Soil Furtler

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    I was hoping you would pick up on this Shiney, I'm pleased for Adam that you have.

    Steve...:)
     
  8. Adam Moran

    Adam Moran Gardener

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    Thank you for your posts.

    Shiney i would be greatful for any help.

    I really want either my greenhouse "back" or enough money to cover the cost. I just dont know where to start with it.
     
  9. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    Adam, PM me with the following info (I might think of more info I need later).

    Date it happened or when you first saw it.
    Value of replacement of damaged parts.
    Who you spoke to at the Council and/or what department.
    The address of the person or department. (Try phoning the person again and ask if they have an email address. If they ask why then say that you would like to respond properly to their offer. If they won't give an email address then ask for their postal address - which they have to give you.)
    What they said about why the man was there in the first place.
    What they told you - e.g. 'our man was too enthusiastic / didn't follow instructions' etc
    What they offered you.
    Names and dates where possible.
    Have you taken any photos? If not, then take photos of the damage, how much of your plot has had the overgrown area cut, the path and any other plot that may have been cut, tyre tracks if possible and any other thing you think may be of interest.

    The first letter that we send to them will be fairly simple. This is to see their reaction and how they will deal with it. With a bit of luck they will compensate you properly and we won't need to do any more letters. They have already offered you something which shows a willingness to co-operate so we just need to see that you get a fair amount.

    The sooner you can give me the info the better it is because we don't want to leave it too late - otherwise what they cut will have grown up again.

    Cheers :gnthb:
     
  10. NewbieGreen

    NewbieGreen Gardener

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