Tree surgeon damaged my property

user1977

HillStreetBlues said:

pinkshoes said:

Surely the OP has no contract with the Tree Surgeons? 

The NEIGHBOUR employed the Tree Surgeon so it should be the neighbour that is contacted regarding the damage.

This isn't about a contract.

If someone sat on your garden fence and broke it, you would want them to pay for it.
If the person said "sorry I haven't got a contract with you so not my problem" I don't think you would be happy.

If your neighbour had commissioned somebody to sit on your garden fence, would you really not have a claim against the neighbour?

Guinness81

Thanks again for all the replies. It's a tricky one, the neighbour is a charity that rents the land off of the local council but in the lease it states that the council are responsible for maintaining the grounds and trees. I've spoken with them and they've been very apologetic. They're good people that i've dealt with before - I mentioned how hostile and dismissive the director was and they're going to contact the owner and ask him to forward on insurance details.

In the mean time i'm waiting for a call back from my insurance company.

Again, thanks for all of your help and advice so far, it's very much appreciated.

HillStreetBlues

user1977 said:

If your neighbour had commissioned somebody to sit on your garden fence, would you really not have a claim against the neighbour?

In that case you would, because the contractor is following instructions from the neighbor.

I very much doubt the OP neighbor told the contractor to drop a log onto their roof. 

born_again

baser999 said:

Spoken to the neighbour? He may know the company

In OP
>I emailed the Tree Surgeons (who boast they're fully insured on their website) with photos showing the damage<

So clearly OP knows who the company is.

Ditzy_Mitzy

user1977 said:

HillStreetBlues said:

pinkshoes said:

Surely the OP has no contract with the Tree Surgeons? 

The NEIGHBOUR employed the Tree Surgeon so it should be the neighbour that is contacted regarding the damage.

This isn't about a contract.

If someone sat on your garden fence and broke it, you would want them to pay for it.
If the person said "sorry I haven't got a contract with you so not my problem" I don't think you would be happy.

If your neighbour had commissioned somebody to sit on your garden fence, would you really not have a claim against the neighbour?

Yes!  In fact I have complained to all and sundry about my neighbour's commissioning of a character called Sirkia Stahmoore to sit on my back fence.  I keep asking the chap to get down and choose one side or the other, but he keeps saying he 'won't engage in any of that sort of labour'.  

baser999

born_again said:

baser999 said:

Spoken to the neighbour? He may know the company

In OP
>I emailed the Tree Surgeons (who boast they're fully insured on their website) with photos showing the damage<

So clearly OP knows who the company is.

Am aware of what was said by OP but wondered if neighbour might have known the company other than through hiring them professionally 

diystarter7

Hi OP

Sorry about the few that are taking the thread OT

First of all, ensure that no more damge to the house is going to be caused - eg small leak, put buckets under it
You have contacted the so-called tree surgeons and pretty aware of their stance.
Tell you building ins outfit asap
Depending on the damage and your excess if any, to cut stress and move on, you may wish to have it fixed yourself

I hear you, I feel for you but a lot of these clown outfits catch everyone. 

Good luck

Guinness81

Thanks all. 

Thought i'd update just in case anyone else finds themselves in a similar situation.

I got a call back from Citizens Advice who sadly weren't a lot of use. They basically said 'it's a tricky one, get insurance involved and maybe try consumer rights but as you're not the 'consumer' they might not be able to do anything.

Insurance are now involved. There's an excess to pay but i've been informed I can claim that back from their insurance company. 

I've also discovered that the director in question was charged for stalking and harassment of his ex-wife (a former director of the company) and that he was the director of two former Tree Surgery companies which have since been dissolved. He also uses false accreditations on the company website ( I checked with the accreditors).

Another company is currently taking him to court over planting dead trees.

A close friend is also very good pals with the local council's arboricultural officer so i'm now in touch with them about the ordeal.

diystarter7

Hi OP
Thanks.
From what you said, good luck
However, as I said intially, your claim may have been easier if you either did yourself or insurance subject to excess/etc.

This is why its important to have buildings insurance as it could be someone else that damages your home.

At times like this is your next door is a residential property unlike your enxt door - not saying you, but people blame next door etc. Sadly, next door can be victims of these people. This morning at 9 am sharp, bang, bang on the door - guy with green jacket, hi-vis stripes and a fair newish trucj and shredder wearing a safet hat  in a thick accent as "good morning you want your trees cutting." he said it three times as I say "no thank you." then walked off to the next house.


I'm not saying your next door did, but never get roof/drives/tress done form someone that just knocks on your door and if you get a leaflet, check their reviews on various sites and how long they have been around and the reviews, waht were they for as many are at times just made up.

Use a well established, registered contractor if possible

Thanks

Ditzy_Mitzy

Guinness81 said:

Thanks all. 

Thought i'd update just in case anyone else finds themselves in a similar situation.

I got a call back from Citizens Advice who sadly weren't a lot of use. They basically said 'it's a tricky one, get insurance involved and maybe try consumer rights but as you're not the 'consumer' they might not be able to do anything.

Insurance are now involved. There's an excess to pay but i've been informed I can claim that back from their insurance company. 

I've also discovered that the director in question was charged for stalking and harassment of his ex-wife (a former director of the company) and that he was the director of two former Tree Surgery companies which have since been dissolved. He also uses false accreditations on the company website ( I checked with the accreditors).

Another company is currently taking him to court over planting dead trees.

A close friend is also very good pals with the local council's arboricultural officer so i'm now in touch with them about the ordeal.

I think that's all you can do, in the circumstances.  Irritating that it had to happen and best of luck getting the excess back.