Rick2517

Thanks allot mate this is the sort of helpful response I was hopping for. That link is very interesting. I am going to try my best to make him an offer to pay the amount it would cost to rebuild the part of the wall damaged by me, which i think is fair. As im pretty sure it will cost allot less then my insurance excess. If all els fails i will go through the insurance pay take the hit and move on learning a valuable lesson. Thanks again.

My moral obligation is to put the wall back to the state it was originally was before the damage was caused, and as I have said I am moor then happy to do this but he is not willing to except and feels I should destroy the remaining wall and re build the lot. That is not morally fair and it looks like I will have no choice but to go through my insurance and take the hit. Thanks for you're comments!

Yea il post pics later and also let you know what the outcome of the builders quotation is. The wall was 10feet hight and 15feet wide, built with red brick at 1 brick thickness, had no structural supports, and the mortar was totally blown. Again il stress my point that I hold my hands up to damage caused by me but why should i build him a sound wall when it was not sound to begin with. In regards to risk assessment the wall was only seen by the neighbours garden and at face value seemed structurally sound and not leaning. It wasn't until after at closer inspection we realised that the remaining part of wall was leaning. Im no structural engineer but i know that any wall should at least be safe enough to take part of a mans body weight and i think its safe to say that we all have stood on walls, fences and so on without first structurally surveying them! I dont mean to sound argumentative toward you guys that are giving me good advice but im so frustrated with this guy who is being so unreasonable towards me, all I want to do is come to a fair agreement but he isnt interested and wants to take advantage of the situation at my expense.

Im happy to repair the damage that we have made but the problem is the owner is expecting us to completely re build his wall as new! I except we should not have pushed it over and for that i am liable for some compensation but this guy has seen this situation as a way to screw me over and get a new wall out of it. Surely i am only liable to repair the damage i have made therefore to put him back in the position he was before we where there, but to do this would mean to re build a un safe wall! Im trying to get hold of a builder today to quote me a price for just re building the damaged part of the wall and that is what my offer to the owner will be and not a penny more. I have also found out that a this guy has been aware of the bad state of the wall for over a year and did not make the tenant aware of its unsafe state, it could have been a kid kicking a football against it! If that was the case would it then be fair to seek compensation from the kids mum? As far as im concerned if we have the curtsy to ask permission to gain access to a property from the occupant and they grant it without telling us that they are not the owner then how am i ment to know any better?

Totally agree but my access is £500 and premiums will go up 15% next year. I was hopping to settle the case outside of insurance but the guy is being unreasonable. I was thinking of seeking legal advice but not sure if I would be in a strong position to fight my case!

I have found myself in a sticky situation and am really not sure what to do. Last week we carried out work on the removal of a large conifer tree, the tree was on the rear boundary of a domestic property overhanging a rear neighbouring garden and a dividing wall, before carrying out works I asked the customer to advice the rear neighbour that we will need access to her garden which he did and access was grated by a lady that turns out to be the tenant. We began to carry out the dismantle and all was going well until the climber for whatever reason placed a foot on top of the 10feet hight neighbours party wall, at this time he was tied in to an anchor point at the top of the tree so only a fraction of his body weight was on the wall however the wall collapsed beneath him into the neighbours garden!!! "oooopps" I was not on site when this happened but I was called instantly and made my way strait to the property to asses the damage, the 10 feet hight wall had absolutely disintegrated and the mortar between the bricks was crumbling away also the remaining wall is on a lean. I immediately informed all neighbours and my insurance company of the events. Anyway to get to the point the lady that gave us permission turns out to be a tenant and the owner is accusing us of trespassing and also trying to get me to pay to re build the wall which can not be done as the remaining structure is un safe and I strongly feel that the wall should have been taken down a long time ago as it was obviously unsafe. What would you do???

Yes but then i need to pay rent on land to store it £50 pm, build hard standing and bays £500, and pay farmer to pile it up with front loader £50 pm, so for a 25tonn load il get £150 il be loosing about £300 per laod and thats if i can get 25 ton in 4 weeks!! Lol i think il stick to allotments for now

Wow il have to shift some chip to break evan!!

How much does a telehandler cost for the day?

Hey, ive been looking into storing and selling chip but In the criteria that they set you need to have the capabilities to load a 14 feet high lorry! How do you get around this, or do you have the kit to do it? Cheers Rich

I was followed back to the yard a few months ago by the police when he finally approached me i was sure he was going to give me a hard time for not having the right reg plate on but he didn't care about it and just wanted to make sure the kit was mine. Was nice to see the police doing a good job and not just trying to screw over the guys just trying to earn a living!

Ive been really lucky as ive just moved into a new yard and offered the landlord a supply of logs so im having his pto splitter and tractor at a great price. not sure what make the splitter is tho but its a beast lol

Received a check on friday for the full amount owed plus £175 compensation:-) wish i could see the guys face when he had to right out that one lol

Im going through the vat reg problem now, ive been trying to fight it for months and just realised that by trying to reduce turnover and working things around the vat thresh hold is pointless, just register and go out all guns blazing!! By trying to stay under the limit you're just holding yourself and company back and the money you think you will loose by loosing domestic work youre probably already loosing on vat you pay on expenses anyway

Yes you are right i could have taken the machine to a fabricator /engineer and paid a few hundred and then most probably ended up with a great machine however if that was the case i would have just gone for a second hand splitter and saved myself a fortune.

Yea very familiar!! However altho i only used the machine for 5mins i must say i dont think the problem was the parts used i think it was the very poor way they where put together "ptfe tape to seal a hydraulic connection, is that right??" and i would understand if i was being stingy but at £1900 i didn't thing i was saving a few bucks at all, infact i thought i was paying extra for quality lol how wrong i was . Its great to have lots of feed back and im very happy that this thread has been vied by so many potential victims of this scam. Rich

Cheers db Il look into it.

Well I'm not sure as this guy was trading under his own name. Or at least he wanted the check made out to him personally and the bacs transfer was sent directly into his personal account. He was from that area tho!! Also there was no vat on the price. Im guessing he maybe getting the machines in from another company maybe as returns or dodgy stock and trying to sell on and make a quick buck

Yeh the guy told me he builds them himself. That is actually what attracted me to it as i thought this would promote better care in the build and i love buying from the smaller players as most of the time you get a good service. Obviously in this case it hasn't really worked out like that! I have been on to trading standards and filed a report, the legal letter is on route to him demanding for full payment + compensation + interest... Just a waiting game for 14 days now!!

not sure as there is no named parts but im sure its more down to the build quality rather then parts.

Tell me about it. never again, im gonna pay the extra for a well known brand and at least then have a better chance of a full re-fund if all goes peat tong.

Hi this is my first post on arb talk and although I have read through the rules I am unsure if this is breaking them so fingers crosses I’m not going to get banned, however if this is the case then as long as it is read by a few people first then it will be worth wile. I have recently purchased a wood splitter on-line after allot of research and fafing around I finally decided on one and it was the worst mistake ever. first the guy replied to all my E-mails with a pushy sales speech asking for money asap (witch should have set alarm bells ringing) then when I was finally satisfied that the machine was what I was after I transferred £1900 into his account and waited for the next day delivery as promised. It actually turned up 2 days later but that’s no big deal as the bigger problem was that when I tried to get the "road legal towable splitter" off of the pallet it came on the thing wouldn’t move because the tire was pushed firm against the chassis. I contacted the seller strait away and asked for this to be sorted. After allot of chasing him and messing around I finally got it picked up and another machine was delivered. Before taking the machine off of the pallet I checked the tire spacing and was still not happy or convinced that it was safe to tow on the road or anywhere for that matter. I then checked over the hole machine and opened a can of warms... there was no battery cover, the front stabilising leg was put on back to front, the rear stabilising leg pin holes where not lined up, there was chipped paint and rusty parts everywhere, and most shocking there was a hydraulic oil leak from 1 of the connections which after just 5 minutes use developed into a puddle!! I contacted this guy right away to demand a full refund and after almost 2 weeks he finally paid but not for the full amount, it was £150 short and he says this is a "re-stocking charge" I am absolutely fuming with this guy and I am taking legal action against him. I’m gonna do him for the interest and loss of earnings!! But on top of my priorities is to get the message out about this cowboy and make sure others do not get caught up in the same situation as me so please get the word out people. I cannot name him but take a good look at the pics, they are the only machines of their type out there and are advertised as: DIESEL TOWABLE 26 TON LOG SPLITTER and is all over e-bay and e- arborist. cheers rich

Ive just renewed with trust, ive got 5 mil i think thats the best bet. Also the guy i delt with was very knowledgable and i was shocked at how helpful he was "very rare for an insurance company"

Hi, this sounds like a great idea. Will it work with any type of mobile or does it have to have internet connection?

I think if the poor guy who started the thread wants to make sum beer money "on the side,or not" then fair play to him. I know i didn't get to where i am by doing everything 100% by the book and i think whoever says they have is a lier. But still its prob not a good ideal to announce it on the web lol