BT attached cable to our property without our permission

alanwan

keystone wrote: »

My guess is that the OP didn't get the answers he was looking for from August when he was expecting a visit from Wayleaves. So its come back here in a different part of the forum to waste more time. Sorry if that sounds nasty but OP won't answer the key question hanging over from the last thread. Not to do so and expect sensible advice is, frankly, absurd.

Cheers

I'm sorry but what question would you like me to address, I believe I've given as much details as possible:

Neighbour's BT cable not mine
No wayleave established
Private property (freehold)
Recently discovered and not sure when they attached the cable as it's round the back of our property
Surveyor from BT confirmed it was their wire and recognise no permission was given yet insist they charge us for the work to remove it

pimento

CBA to read the old thread but what does your neighbour say?

Gloomendoom

alanwan wrote: »

they said it was in fact a BT cable and came up with some excuse like ''it was there 25 years ago and is a dropwire etc and isnt actually used any more'' which were blatantly lies and they said to remove it they would have to charge even though they KNOW no wayleave has been established

Well, if it isn't being used any more then nobody is going to moan if you take it down, are they?

alanwan

pimento wrote: »

CBA to read the old thread but what does your neighbour say?

He says contact the landlord...and the landlord...well, the letting agents have probably told him not to do anything about it and have ignored our messages...

alanwan

Gloomendoom wrote: »

Well, if it isn't being used any more then nobody is going to moan if you take it down, are they?

Exactly! I told them that yet they insist if we do they'll charge us for the cost to repair it!! BT are just awful in trying to make people pay to rectify faults of theirs

mynameisdave

I'm confused on this.

You have a freehold business property next to a property that is managed by a Letting Agent - how have you established who the letting agent is?

Is it definately that you own the building, or are you operating a business from it?

alanwan

mynameisdave wrote: »

I'm confused on this.

You have a freehold business property next to a property that is managed by a Letting Agent - how have you established who the letting agent is?

Is it definately that you own the building, or are you operating a business from it?

It's a terrace house, and the neighbour died so it was sold to someone we don't know as they passed it onto the letting agents straight away to manage for them so there is no way at all for us to contact the landlord and we can't pester the landlord to do anything as we dont have his details, we know who the letting agents were as they recently had a board advertising to let so we phoned the number up

keystone

alanwan wrote: »

they said it was in fact a BT cable and came up with some excuse like ''it was there 25 years ago and is a dropwire etc and isnt actually used any more'' which were blatantly lies and they said to remove it they would have to charge even though they KNOW no wayleave has been established

Well its only taken 20 posts in this thread to come up with this piece of information. Lets examine it objectively:

it was there 25 years ago - can you prove it wasn't and can they prove it was?

its a dropwire - yes of course it is - how can that be a blatant lie?

its not actually used any more - do you know that for certain that this is a blatant lie. Have you actually asked your neighbour how they receive their telephone calls? Is this dropwire active?

no wayleave has been established. Excellent thats actually what we wrer looking for wasn't it but there may have been one in the past by a previous owner and they've lost the paperwork and you have no knowledge.

Unfortunately for you they have significant rights under the Telecommunications Act(s) which would seem quite unfair but they do have them but more to the point so do you. You should NOT just rip it down. Whether you like it or I like it or anyone else likes it interfering with telecommunications apparatus (which this is) is a criminal offence.

The first thing you should do is stop sending emails. That will get you nowhere. You need to write by recorded delivery to the Wayleaves Department responsible or higher up the management tree than you have been currently doing.

Read yourself the Telecommunicatiosn Code paticularly Paragrapohs 10 and 20. The first part of paragraph 20 is:


Power to require alteration of apparatus


20. (1) Where any electronic communications apparatus is kept installed on, under or over any land for the purposes of the operator’s network, any person with an interest in that land or adjacent land may (notwithstanding the terms of any agreement binding that person) by notice given to the operator require the alteration of the apparatus on the ground that the alteration is necessary to enable that person to carry out a proposed improvement of the land in which he has an interest.

You need to stop being confrontational - a total waste of time with a behemoth - and start thinking laterally and cleverly and for goodnbess sake switch off rant mode.

I'll leave you to decide how you can make use of 20 (1) but be sure of your ground. If the drop wire is out of use then there is no requirement for it to be there. So you must establish if its in use or not - neighbour chat. Its a key element of your letter.

Ask your Council Planning Depaartment about it before you right too to get their opinion - they'll probably sit on the fence though.

Talk to your own Councillor to garner support there too.

Write your letter and if that doesn't elicit the required response soluition, convert it into a foraml complaint through the laid down procedures and you can ultimately take it to the watchdog.

HTH

Cheers

alanwan

keystone wrote: »

Well its only taken 20 posts in this thread to come up with this piece of information. Lets examine it objectively:

it was there 25 years ago - can you prove it wasn't and can they prove it was?

its a dropwire - yes of course it is - how can that be a blatant lie?

its not actually used any more - do you know that for certain that this is a blatant lie. Have you actually asked your neighbour how they receive their telephone calls? Is this dropwire active?

no wayleave has been established. Excellent thats actually what we wrer looking for wasn't it but there may have been one in the past by a previous owner and they've lost the paperwork and you have no knowledge.

Unfortunately for you they have significant rights under the Telecommunications Act(s) which would seem quite unfair but they do have them but more to the point so do you. You should NOT just rip it down. Whether you like it or I like it or anyone else likes it interfering with telecommunications apparatus (which this is) is a criminal offence.

The first thing you should do is stop sending emails. That will get you nowhere. You need to write by recorded delivery to the Wayleaves Department responsible or higher up the management tree than you have been currently doing.

Read yourself the Telecommunicatiosn Code paticularly Paragrapohs 10 and 20. The first part of paragraph 20 is:


Power to require alteration of apparatus


20. (1) Where any electronic communications apparatus is kept installed on, under or over any land for the purposes of the operator’s network, any person with an interest in that land or adjacent land may (notwithstanding the terms of any agreement binding that person) by notice given to the operator require the alteration of the apparatus on the ground that the alteration is necessary to enable that person to carry out a proposed improvement of the land in which he has an interest.

You need to stop being confrontational - a total waste of time with a behemoth - and start thinking laterally and cleverly and for goodnbess sake switch off rant mode.

I'll leave you to decide how you can make use of 20 (1) but be sure of your ground. If the drop wire is out of use then there is no requirement for it to be there. So you must establish if its in use or not - neighbour chat. Its a key element of your letter.

Ask your Council Planning Depaartment about it before you right too to get their opinion - they'll probably sit on the fence though.

Talk to your own Councillor to garner support there too.

Write your letter and if that doesn't elicit the required response soluition, convert it into a foraml complaint through the laid down procedures and you can ultimately take it to the watchdog.

HTH

Cheers

Thank you! I tried watchdog on google but it shows up with bbc watchdog and the complaint area is if you want to be on the tv programme which we don't....is it the bbc watchdog we contact please? thanks

keystone

alanwan wrote: »

Thank you! I tried watchdog on google but it shows up with bbc watchdog and the complaint area is if you want to be on the tv programme which we don't....is it the bbc watchdog we contact please? thanks

No the Communications Watchdog - OFCOM. http://consumers.ofcom.org.uk/

Cheers