Overhead power line compensation.

tom5000 wrote: »

Thanks for the reply, what else would you need to know? This is all new to me!

Cheers

tom

Hi Tom

What sort of line is it? Is it one coming from a wooden pole or is it the type that come from those unsightly steel tower pylons that look like this?

plsadvise wrote: »

Hi, Can any one advise
About 3 - 4 yrs back, I was constanly recieving mail regards that may be entitled to compensation from PCC and Thomas Broadbent. I never read much into it, until one day I thought why not, PCC were showing that they claimed compensation for above £10k, so I thought why not.

I only gave the detials requsted and posted off. No 'terms or conditions' where included

I heard from the surveyors, who then came and did there bit.

Then started get calls regrds my compensation, and being told that this what I sent back was a 'contract' and if I do not complete the claim with them, I will still be liable to pay their fee.


Being such a longtime not to sure if the phone calls came before the surveyor!

Btw still not settled the claim, as I believe they are not acting in my best interest.

Obviously property value has increased within the years, so what was offered back in 4 yrs should not imply today.

Also next door there is a great big tower, as the neighbour has chopped all his trees, the tower seems that its in my garden from street view. Next door already has an easement in place. Due to this had waited, just incase I was entitled to more comp, if I settle would not be able to claim for the tower - this was thrown out at the tribunal



This is a one off payment, and the overhead lines will have a great impact when.

I have contacted PCC to renegotiate on mybehalf due to property value increase, but trying to shrug me off and to bring to a clousure.

I feel that I am stuck with this company and should accept what is being offered.

Any advise will be much appreciated:)

I'm going to give you my opinion but I can only base it on what you have written, so if there is any detail that you haven't posted then obviously my opinion may be totally invalid.

It sounds to me like they're bullying you and there is no reason to let them. Stand up to them.

Firstly, tell them to send you a copy of this so called contract that you signed. If they can't prove you agreed to their T&C's they can't hold you to them.

Secondly, they have a duty to act with reasonable care & skill. IF they have failed in this duty then they have breached the contract and you can sack them. You do not need to pay for incompetence. Also, threaten to report them to RICS for their negligence and their bullying tactics.

Thirdly, If the option above doesn't work then they still CANNOT force you to accept the compensation. You are only liable to pay their fee if you actually receive compensation, so just tell them that you no longer want to proceed and tell them to officially withdraw the claim as you are not happy with what is being offered. Do this is in writing. Once the claim is withdrawn, sit on your hands for a year or so then make a fresh claim. Before you do that though, you need to really think about how much extra you think the claim is worth over and above what is being offered now, because £x now might be worth more than £y later...

As a side note, you CANNOT claim for anything that is not on your property. It doesn't matter how much it looks like its in your garden and how big and ugly that pylon is, its not on your land so you can't be compensated for that. If you could, then everyone who can see a pylon from their window would have a claim and that just isn't how it works for obvious reasons. Your claim can only be for the part of the powerlines which actually cross over your property boundary.

plsadvise wrote: »

Also I forgot to say the so called contract was signed by my partner, the property is owned by myself only- I am the one who has been doing the talking only because they said has to go ahead - even if I let it be for another year - when ever I make a claim they want their cut- unless when I sell the property then without making a claim then the contract is void

Hold on, this is brilliant news!

Your partner was the only signatory? but doesn't own the property?

You are the sole owner, but you haven't signed anything??

Jesus that's a get out if ever I have seen one! They have no contract with you, tell them to p*ss off! They may say that there is a contract implied by your conduct, but actually your conduct suggests that you DON'T want to be in a contract with them at all and never thought that there was one until they started telling you there was! If they want to sue you, tell them to try it on.

Their contract (if there is one) is with your partner, and your partner is not entitled to nor will receive any compensation (only you receive the comp. as it can only be paid to the property owner) so there is nothing to pursue their either.

Again, they would probably argue that your partner has a beneficial interest in the property and is therefore entitled to their share of the comp. in equity, but its a thin argument and again they would have difficulty with it.

From a business point of view, it would make little sense for them to sue you - theres the costs they will incur without a solid chance of success, and then there is the effect on their reputation - it sounds like dirty tactics and will likely cost them more business than they will make from you.

Imagine all the people googling PCC when they receive a canvassing letter and reading your horror story - this thread alone will probably cost them at least one potential client.

Send them a letter, detailing all of this stuff and make it clear that you have been posting your experience on MSE and will continue to do so, giving them the option to resolve this 'the right way'.