non tree related legal advice needed

[devon TWiG]

I do not think they have the right just to go ahead and get the job done and send you the bill ... it is up to you to repair it to a standard acceptable and in a reasonable time frame . some years ago whilst working for a large company , we had to drag the brash from a tree job in a back garden up a narrow path next to the house and it left some green scratch marks on the painted wall of the house , ( could of been scrubbed off with soap and water ) nothing was said at the time and a few weeks later they sent a bill for re painting the entire house , it went to court and was rejected !!...... also " the contract " for the repair was between the house owner and his mate , not between your father and the man who done the job , I would send the bill back pointing out that it is totally unreasonable and that they are attempting to profiteer from it !!!

Edited January 14, 2017 by devon TWiG

[luftwaffe]

What a shocking tale.... tell them because they have gone ahead and repaired the wall without your consent you have no option but to let them deal with your insurance company,

 

See where that gets them.

[flatyre]

I doubt my dads insurance firm would want to deal with it as they were not notified immediately after the event. Its just a bit of a shock as this happened in what is considered one of the most respected areas of the local town, you need to be very well off to live in this area, you don't need to fleece retired widows crippled with arthritis, it makes me sick!

[carlos]

I doubt my dads insurance firm would want to deal with it as they were not notified immediately after the event. Its just a bit of a shock as this happened in what is considered one of the most respected areas of the local town, you need to be very well off to live in this area, you don't need to fleece retired widows crippled with arthritis, it makes me sick!

 

its a shame, people should be glad no one was hurt and be content with the damage fixed up like new, not trying to make a few quid.

hope you get it sorted.

carl.

[Burgess]

I think his dad's lucky that there hasn't been a claim that the occupiers family were leaning against the wall and injured when the car rolled into it.

 

Or their brand new 50 inch UHD TV was leaning on the wall and broken

[Gary Prentice]

Or their brand new 50 inch UHD TV was leaning on the wall and broken

 

:lol:

 

Sorry to the OP, no disrespect meant but we are all aware how people attempt to profit from other peoples mistakes.

 

Although we see the humour in it, it's not funny really. The OPs father has make a mistake, acted reasonably and responsibly to rectify the incident - to put things right, then the injured party tries to have his trousers down to profit from it. They're all despicable and would moan like mad if the position was the other way round.

[Bath_tree_man]

Popped in and out of this topic but court generally expensive and a hassle. Would they really go this far or just trying it on? Having said that, I've never been involved in a small claims action.

[NFG]

Hello

 

Sorry to hear of your problem.

 

Your father acted very reasonabaly & cannot be faulted there.

 

As it was the neighbour who instructed the work to proceed, without consultation with your father then I think the neighbour may have acted incorrectly. In contract law, as I understand it, both sides have to agree the scope of the work & the price.

 

So if you scratch my car & say Ill pay to repair it but I have my car resprayed without you seeing or agreeing to the costs involved, theres two issues: 1. an element of betterment, the car was repaired but the repair was excessive & 2. There was no agreement to proceed with the work or any cost provided.

 

It may ultimately be covered on his car insurance but I dont see why you should have to claim when agreed to settle, the neighbour has not followed the correct reasonable procedure in informing of the cost involved & you can provide the quotes as evidence to show they are clearly 'lining their pockets' at your fathers expense.

 

So I think you are well within your right to tell them to duck off (perhaps best just ignore them ) & wait for a court summonds and prepare your defense as Im fairly sure you will win.

 

I suggest you make detailed notes of what happened and when in preparation & dont tell them about the quotes (unless you already have) as that will probably bury them in court.

 

Good luck, my learned friend

 

 

N

Edited January 15, 2017 by NFG

[Acer Forestry]

They've gone ahead BEFORE you got a chance to send some quotes etc...?

 

How do / will the courts see this...?

 

As said, sound like chancers thinking you're dad will cough up....

 

Exactly..he won't have a leg to stand on. Normal procedure would be to get quotes in before proceeding, not just crack on (at the highest rate imaginable)

without consulting your father or the insurers. No worries

[treequip]

I doubt my dads insurance firm would want to deal with it as they were not notified immediately after the event. Its just a bit of a shock as this happened in what is considered one of the most respected areas of the local town, you need to be very well off to live in this area, you don't need to fleece retired widows crippled with arthritis, it makes me sick!

 

Have you spoken to the insurerers?

 

Clearly the situation is soured and is going to be problematic so why not just bat it off to the insurers and save yourself the stress.

 

That is after all, what you pay the insurerers for and its what they are good at.