Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    tlogic4 Novitiate



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    Angry Council Damaged my property, where do I legally stand.

    Hi,

    I was hoping if someone could give me some advice in best way of tackling the damage to my property caused by my local council this morning.

    I came home this evening to see my rear gate in the garden which leads on to the access road at the back of the house broken, as well as brick wall knocked down.

    It appears this morning around 11am one of those caged type vehicles operated by the council was collecting rubbish along the road. From the CCTV footage I have (link below)
    the vehicle stops outside my back gate, as it drives away the gate at the back of the vehicle swings open, hits my gate taking it clean off it hinges and taking a wall down with it and damaging my neighbours garage and fence.

    Someone witnessed the incident and took the registration details of the vehicle and it does seem it's from my local council.

    What is the best way of approaching this, as it's going to cost a lot of money to put right and I don't see why I have to pay for this though my home insuranceicon knowing full well what and who caused the damage.I will be making a formal complaint to the council tomorrow and have also reported this to the police.

    Can I issue a council with a 7 days notice to repair the damage or go to small claimsicon court. I can't leave it like this for to long as my house is not secure and anyone can walk in through the back even through I have temporarily fixed the problem.


    Any advise will be greatly appreciated, particularly what you would do in my situation.

    https://ibb.co/b5vmuz

    https://ibb.co/d98T7K

    https://ibb.co/ivPPge

    Link to video below.

    https://vimeo.com/user89721934/revie...305/28eaa7e079

    Thanks


  2. #2
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    Default Re: Council Damaged my property, where do I legally stand.

    i should expect the council should deal quite quickly without arguement.
    be nice and i think they will too.


  3. #3
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    Default Re: Council Damaged my property, where do I legally stand.

    Your video link is not working


  4. #4
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    Default Re: Council Damaged my property, where do I legally stand.

    First thing would be to contact the council and let them know about the damage, it wasn't malicious so they should be quite apologetic.


  5. #5
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    Default Re: Council Damaged my property, where do I legally stand.

    Yes, tell them what was doen by whom and give them an idea of how much you expect it will cost to put right. An estimate froma builder will help you with this becasue they arent just going to send you a cheque for the value of the damages. like insurers, they will want you put back to where you were with a mended wall, not just give you money to the value of the loss.

    Their contractors insurer will probably take over the matter so dont expect anything to happen in a hurry unless safety or security is an issue. If it is get a price pronto and them tell them that is what it is and you will go ahead with the repair and can you get the builder to invoice them directly?


  6. #6
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    Default Re: Council Damaged my property, where do I legally stand.

    The council will probably have, on staff, a team that would probably be able to repair the wall.


  7. #7
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    Default Re: Council Damaged my property, where do I legally stand.

    Hi.

    Thanks for all your replies very much appreciated.

    Very busy day I had sorting out this mess and finally I think I got it sorted.

    this morning I was on to the council first thing, spoke to lovely lady from the council insurance team and she advised me I could either take up the issue with the council or go directly through my home insuranceicon but the first option taking longer then the second option.

    As I need the back fixed pronto, I decided to get it fixed through my insurers who will then try recover the claim through the council including the excess and any expenses I have incurred.
    So i'm just waiting now for a contractor to contact me on behalf of the insurer.

    I went down to my local refuse deport and spoke with a supervisor who was shocked to see the level of destruction caused and the driver making off without reporting the incident. She also advised me to report the incident to the police which I have already.

    She even said that if the Vehicle belongs to them, and I've caught the incident on CCTV then it's pretty much a clear cut case. She also advised me to keep records of any expenses I have incurred.

    As I took a day off work today which I have taken out of my holiday, can I put this down as a legitimate expense including clearing and temporarily making safe my property and probably another half a day filling out forms and thing to cover adminicon.

    Is there anything else you think I maybe entitled to such as compensation for damages which is over and above the repair cost, if so how much approximately should I be entitled to if anything.

    Video link: https://tinyurl.com/ya7g7tjj

    when you have a look at the cctv footage, at around 7 seconds into the video you can see the gate on the back of the vehicle swing open towards my property and then at around 42 seconds the driver jumps in his cab and drives off with the gate hitting my gate and wall.

    Thanks

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  8. #8
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    Default Re: Council Damaged my property, where do I legally stand.

    updated your link to tinyurl
    direct video links purposefully don't work to stop spammers


  9. #9
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    Default Re: Council Damaged my property, where do I legally stand.

    thank you, much appreciated.


  10. #10
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    Default Re: Council Damaged my property, where do I legally stand.

    If you go though your home insuranceicon you premium will go up despite the fact that it isnt your fault. They consider the property a greater risk than one that hasnt been battered by a lorry and assume that it will happen again because their computer says so.
    Also your insurer wont pay oyu for your time off so I wopuld be informting the council that you will be claiming from them and this si your estimate so far -price for job, plus your time and other expenses. you cant claim anything else, they are obliged to cover your LOSSES not make a profit out of this for you. Even taking a days holiday will be frowned upon, what you should have done is made an arrangement with your employer to have time off and if you recover the monies for that you will reimburse them or take it as holiday-their choice not yours.
    So get workingout your sums and present them pronto so you can then get your wall rebuilt knowing that they are no longer in a position to argue much about it


  11. #11
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    Default Re: Council Damaged my property, where do I legally stand.

    Contact the council directly and they should sort the problem with the minimum of fuss. We had a council bin truck hit the wall on our house as he tried getting around a tight corner, all caught on cctv. Council were dismissive at first but then we called the police in because it was an accident that had not been reported.


  12. #12
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    Default Re: Council Damaged my property, where do I legally stand.

    How did you get the van number plate?
    The video is not as clear cut as you described.
    I don't think the police would do anything rather than say it's a civil matter.



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