Damage to our garden - best way to resolve?
Discussion
Hi guys,
Wasn't sure the best section to post in, but hoping peoples knowledge here can help.
On Saturday I went out my house to find my side garden emptied of all my plants, with a membrane laid where there were, and two guys stood there. Long story short, they should have been at the same house number but in the next road! (Yes, I was looking for the hidden cameras!!)
After an apology, the agreed to replant all and I took their details. I was literally out the door and off to London for business. I am now back and they are leaning all over the place, badly planted and damaged.
I have phoned the old lady that sent them (the property they should have been at is a rental owned by them.) She is very stern and saying she will try and get them back this weekend. She is playing it down and basically saying they did us a favour by removing all weeds.
I am trying to be nice, but can see this not working. Am I right in thinking my action would have to be against the gardeners rather than the old couple? I'm sure it is probably some "cash in hand" informal arrangement between them, so showing the link for them being sent may be difficult.
If this isn't resolved, what is my best option? The plants were here when we bought the house a few years back (it is an ex showhome) and all were fine before this weekend, so I am unsure of a cost.
Advice please guys??
Wasn't sure the best section to post in, but hoping peoples knowledge here can help.
On Saturday I went out my house to find my side garden emptied of all my plants, with a membrane laid where there were, and two guys stood there. Long story short, they should have been at the same house number but in the next road! (Yes, I was looking for the hidden cameras!!)
After an apology, the agreed to replant all and I took their details. I was literally out the door and off to London for business. I am now back and they are leaning all over the place, badly planted and damaged.
I have phoned the old lady that sent them (the property they should have been at is a rental owned by them.) She is very stern and saying she will try and get them back this weekend. She is playing it down and basically saying they did us a favour by removing all weeds.
I am trying to be nice, but can see this not working. Am I right in thinking my action would have to be against the gardeners rather than the old couple? I'm sure it is probably some "cash in hand" informal arrangement between them, so showing the link for them being sent may be difficult.
If this isn't resolved, what is my best option? The plants were here when we bought the house a few years back (it is an ex showhome) and all were fine before this weekend, so I am unsure of a cost.
Advice please guys??
As always, IANAL. Talk to a proper one (even a proper PH one) before doing anything.
Your beef is with the company, not the lady. If she gave duff details they can take it up with her.
Take some photos of how the garden is now, and hopefully you have some "before" pictures to compare it to.
Do you have home insurance? It might be worth looking to see whether you might be covered there, since this is going to be a bit of a faff to sort out.
If not, I would be inclined to write a letter to the company (send it recorded delivery) setting out the series of events, enclosing copies of the photos before the "weeding" and now, and stating that you will expect them to make good, both in terms of the plants that will likely die over the next few weeks, and in terms of them not being in the ground properly. Invite them to contact you to discuss the matter.
Best case scenario you get a grovelling apology and their best men are around at 9am Monday morning to fix your garden. Worst case they deny everything and you have to take them to court. Actual result will probably be somewhere in the middle.
Your beef is with the company, not the lady. If she gave duff details they can take it up with her.
Take some photos of how the garden is now, and hopefully you have some "before" pictures to compare it to.
Do you have home insurance? It might be worth looking to see whether you might be covered there, since this is going to be a bit of a faff to sort out.
If not, I would be inclined to write a letter to the company (send it recorded delivery) setting out the series of events, enclosing copies of the photos before the "weeding" and now, and stating that you will expect them to make good, both in terms of the plants that will likely die over the next few weeks, and in terms of them not being in the ground properly. Invite them to contact you to discuss the matter.
Best case scenario you get a grovelling apology and their best men are around at 9am Monday morning to fix your garden. Worst case they deny everything and you have to take them to court. Actual result will probably be somewhere in the middle.
PompeyPaul said:
She is playing it down and basically saying they did us a favour by removing all weeds.
Send her a big crane with a wrecking ball to her house to save her the bother of doing the dusting.Seriously though, your action is agains the company.
Plants get damaged by digging them out of the ground, and replacing them. Additionally I would not trust workmen who do not even make sure they are at the right house to dig up plants in a careful way so they will live when they are replanted.
If it were me, I'd get the details of the company and get the boss to come down and have a look at the damage. Face to face is the best way to get someone on your side.
Failing that, this story is so bizarre, I am sure the local paper will lap it up and you can get some leverage for recompense as if they have the company name in the paper for making such a stupid error, the only way to save face will be reporting to the paper that they've fully compensated you.
A belt and braces approach would be to get a professional gardener to dig up the plants, replace them and tell you which will survive, with the company picking up the bill.
soad said:
Yes, he can. But it's time-consuming trips to the Garden Centre.
Plus, new plants/trees and compost will cost a small fortune?
Sounds like those two cowboys were complete retards.
This. I am very busy running three of my own businesses, plus I am NOT good at gardening/ knowing about plants etc. Plus I don't feel I should have to, and if I got a gardener to replant them and they die, why should I sort? I want this properly sorted by the people that have caused the problem.Plus, new plants/trees and compost will cost a small fortune?
Sounds like those two cowboys were complete retards.
I had a similar thing a few years ago, I returned home to find a window cleaner doing my windows. I said 'you're at the wrong house' to which he replied he wasn't and that he had bought this round off my previous window cleaner and I'm your new one. I explained I hadn't used that one or indeed any window cleaner for years and that he'd wasted his time. That's a shame he said, I've done all of them including the ones at the back and the velux's on the extension.
Turns out he'd scrambled over a locked gate and in the process of cleaning the velux windows walked on and badly damaged my metrotile extension roof. When I called him later after seeing the damage he resolutely denied he had damaged the roof.
I called the police and despite it being a locked gate and the damage to the roof they didn't want to know.
Update. The old bat has phoned me and said the gardeners are coming to "assess" Saturday morning. She had the cheek to suggest on the phone that the plant as may have blown over due to high winds, that were apparently so bad that her daughters cruise was delayed going away (bless)
I put her in her place and explained the plants have survived far worse winds and conditions numerous times over the last four years. She soon back tracked!
I put her in her place and explained the plants have survived far worse winds and conditions numerous times over the last four years. She soon back tracked!
stuttgartmetal said:
Good for you Fella.
That put that wizen old lady straight eh?
You know, the one who's trying to help.
Can't you straighten them up yourself, huh?
They'll need time to bed in, whatever you do.
There is helping and helping. Not once has she apologised. Manners cost nothing, especially with such a cock up. I have found out today they own shed loads of properties and a large chain of chemists. I wouldnt have thought it would have hurt them to sort things quicker. That put that wizen old lady straight eh?
You know, the one who's trying to help.
Can't you straighten them up yourself, huh?
They'll need time to bed in, whatever you do.
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