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next doors builders have damaged my shed, best way to handle it.

135

Comments

  • securityman
    securityman Posts: 490 Forumite
    I would say you want the whole cost of the shed and give them the shed. I would be well !!!!ed and sorted straght away with the builders.
    It,s only got to be worth £20- £30 now.
    In good shape s/h i would of said £150 now summer is here.
  • stolt
    stolt Posts: 2,865 Forumite
    edited 5 June 2009 at 6:59AM
    thanks for the replies, i havent seen the builders or the owners the last few days i keep looking out for the owners to have a word with them about it.

    as for the small claims court, i know the damage has been caused by them but i have got any proof it was, even though there is render down the back of the shed and it was fine before i left for work then i ant see how anyone could see it differently but you never know.
    Listen to what people say, but watch what people what people do!!
  • jonesjw
    jonesjw Posts: 201 Forumite
    stolt wrote: »
    thanks for the replies, i havent seen the builders or the owners the last few days i keep looking out for the owners to have a word with them about it.

    as for the small claims court, i know the damage has been caused by them but i have got any proof it was, even though there is render down the back of the shed and it was fine before i left for work then i ant see how anyone could see it differently but you never know.

    They will almost certainly cave in & pay up before they have to go to the small claims court.
  • missile
    missile Posts: 11,813 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would agree, get a small claims court form, I would claim for the cost of a replacement shed, i.e. a new shed. The process is actually quite easy once you understand the system and the clerk of court will be happy advise if you need any help.

    In my experience, it is not too difficult to win a case, even if the builder does defend the case, it is the sheriff who will decide and on your evidence it would seem to be an open and shut case.

    Good luck
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • stolt
    stolt Posts: 2,865 Forumite
    thanks for all the replies, i'm definatley going to draft a letter and then send it off to them for the cost of the shed.

    and just when i thought my trouble was over, as i was pulling the car out the driveway this morning on the way to taking the kids to swimming they were laying a tarmac drive and i guess the wacker plate machine has knocked the corner our garden wall down. it was laying on the pathway. Came back from swiming and the wall is stacked up again and the builders gone!!!!
    Listen to what people say, but watch what people what people do!!
  • stolt
    stolt Posts: 2,865 Forumite
    edited 6 June 2009 at 11:24AM
    here are some pics.

    i might post the letter i'm going to send on here and see what people think and if i need to say anything else.





    k21ied.jpg


    and when i came back home this was how the wal was left. my main concern is if someone lent on it and they then had the wall fall on them would i be responsible because surely it cant be classed as safe like that.

    2meyhiw.jpg
    Listen to what people say, but watch what people what people do!!
  • stolt
    stolt Posts: 2,865 Forumite
    hime again, i've just typed out this draft letter. Would somone mind casting there eye over it and see if there are any changes i should make.

    thanks


    ''
    Dear Sir/Madam, this letter is in relation to the building work that you are subsequently completing at ********************.
    Further to a conversation with your builder on the 19th of May 2009, The renderer that you employed to render the outside of number 12 mount avenue has stepped or lent a heavy object on the roof of a standalone metal shed that we had in the back garden.
    There was no mention of his incident from your renderer or builder which I feel is a little unfair. I feel that it would have be courteous of someone to knock and explain the issue and who it was to be rectified by your company.


    The builder I spoke to mentioned that the renderer had not said anything to him but that he will speak to him as there was still render to do at the bungalow. I have photos of the damage and also the fingerprints of your builder/renderer and looking at the photographs I would hazard a guess that he slipped from the shed or stepped back and had to climb back up again as there are fingerprints of render on the roof aswell as render on the roof, and down the side of the shed.
    At this time I also made the point that the render has been spread across the front of the property and that would need to be made good as well.


    I then spoke to another man on the Morning of Monday 25th, I assumed that he was the boss/foreman and he did assure me that he would speak to the renderer and I quote his words 'get it sorted for you'.


    As of today I have not heard from anyone at J & M construction with regards to my damaged shed or when the render would be fixed.


    Today (6.6.09)when leaving the property this morning I noticed while your builders were laying the top coat of tarmac that the front garden wall for 10 mount avenue was laying on the public pathway. I was in a rush to take my children swimming so when I returned about an hour later the wall was stacked up again but its loose and I suspect that it could be unsafe and possibly be considered a safety risk as it stands, as it could topple over onto someones foot or worse a child.


    For all of the above points I have mentioned I have taken detailed photographs of the said damage. As I mentioned before to the builders we were only renting 10 mount avenue but the shed belongs to us.
    As I have previously tried to resolve the matter amicably I don't feel that I have any other option other than to take the matter further. I will allow 7 days for a response from your company and then I will seek full compensation via the small claims court for the damage shed, I will also CC this letter to the owners of the property and possibly seek compensation from them. I would also like to add that the damage caused to split the roof panels apart and with the subsequent rain the boxes we had stored inside become water logged, for this I will not claim for.


    The full compensation for the shed I require will be £ 249.00. I have based this priced on the current selling price of the shed that I have found by searching on ebay (which generally seems to the the cheapest)


    I hope to hear form you within 7 days and that this matter can be sorted amicable.


    ''
    Listen to what people say, but watch what people what people do!!
  • ClaireN75
    ClaireN75 Posts: 108 Forumite
    Part of the Furniture Combo Breaker
    Hello stolt, I've been following your story and personally think you're being way too patient.

    I assume you've informed the LL about the damage to the wall & house facade?

    Personally I would delete everything in red (additions for clarity in blue). Keep it short and snappy. Don't be apologetic or add your own value judgements (eg 'unfair').

    Hope this helps!
    Dear Sir/Madam, this letter is in relation to the building work that you are subsequently completing at ********************.

    Further to a conversation with your builder on the 19th of May 2009, and again on the 25th May, The renderer that you employed to render the outside of number 12 mount avenue has stepped or lent a heavy object on the roof of a standalone metal shed that we had in the back garden.

    There was no mention of his incident from your renderer or builder which I feel is a little unfair. I feel that it would have been courteous of someone to knock and explain the issue and how it was to be rectified by your company.

    The builder I spoke to mentioned that the renderer had not said anything to him but that he will speak to him as there was still render to do at the bungalow.I have photos of the damage and also the fingerprints of your builder/renderer and looking at the photographs I would hazard a guess that he slipped from the shed or stepped back and had to climb back up again as there are to the roof, fingerprints of render on the roof as well as render on the roof, and down the side of the shed.

    At this time I also made the point that the render has also been spread across the front of the property and that would need to be made good as well.

    I then spoke to another man on the Morning of Monday 25th, I assumed that he was the boss/foreman and he did assure me that he would speak to the renderer and I quote his words 'get it sorted for you'.

    As of today I have not heard from anyone at J & M construction with regards to my damaged shed or when the render would be fixed.

    Today (6.6.09)when leaving the property this morning I noticed while your builders were laying the top coat of tarmac that the front garden wall for 10 mount avenue was laying on the public pathway. I was in a rush to take my children swimming so when I returned about an hour later the wall was stacked up again but is loose and I suspect that it could be unsafe and possibly be considered a safety risk as it stands, as it could topple over onto someones foot or worse a child.

    For all of the above points I have mentioned I have taken detailed photographs of the said damage. As I mentioned before to the builders we were only renting 10 mount avenue but the shed belongs to us.

    As I have previously tried to resolve the matter amicably I don't feel that I have any other option other than to take the matter further. I will allow 7 days for a response from your company and then I will seek full compensation via the small claims court for the damaged shed, I will also CC this letter to the owners of the property and possibly seek compensation from them (why? - it was the builders who did the damage - or do you mean for them?). I would also like to add that the damage caused to split the roof panels apart and with the subsequent rain the boxes we had stored inside become water logged, for this I will not claim for (it depends on what it was, but if you're not claiming for that damage don't mention it).

    The full compensation for the shed I require will be £ 249.00. I have based this priced on the current selling price of the shed that I have found by searching on ebay (which generally seems to the the cheapest) I require £249 compensation for the damage to the shed and £x for repair of the property's front wall and the facade of the property covered by the render (or a statement that they will be hearing from the LL about it).

    I hope to hear from you within 7 days and that this matter can be sorted amicably.
  • missile
    missile Posts: 11,813 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Looks like this is your neighbours wall?
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • stolt
    stolt Posts: 2,865 Forumite
    Thanks for the replies and also the re jigging of my letter I will use that one. Currently reading this on a blackberry so when I get in I'll read all the replies and reply properly.

    Thanks
    Listen to what people say, but watch what people what people do!!
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