Work out all the figures based on what you have stated - then double it.
The utility company will doubtless try to have the figure reduced but he should still have ample recompense for the trouble and inconvenience.
I'm not normally one for revenge but I think it would be deserved in this case.
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What\'s for you won\'t pass you by
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OK but he didn't do that.
What does he do now?
(Sorry - reply to Xelino's post)
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Not that I'm defending this appalling incompetence but depending on the utility company and the area that you live, a 4 day response time to his call wasn't too bad, I'm sure they can legally leave a hole in the road there for 10 days after digging it under normal circumstances, I'm not sure how that is affected when someone's car is trapped in though!
If it's electric or gas is he aiming his request at his service provider or the people who actually dug the hole? (i.e. the distribution company) I would be going after the distribution company if he isn't already. If it's water then I would imagine there is only the local supplier who can be held responsible.
Whilst the utility firm must take most of the blame I reckon he'll be onto a loser with claiming for the time before he even reported that there was a problem...
Blue
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"Whilst the utility firm must take most of the blame I reckon he'll be onto a loser with claiming for the time before he even reported that there was a problem..."
I agree.
However in answer to another point made in your post, he showed me a letter from the utility company explaining that access to drives/properties would be maintained.
H
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I am not advising, just musing.
It's hard to see how he's mitigated his loss by waiting three days to report the hole outside the driveway. How were the utility company even to know that there was a car in the driveway if it wasn't visible, or alternatively that he wasn't on holiday/didn't only use it at weekends, etc. Simply knowing that there is a hole outside the driveway is not proof that they knew that they had caused damage or had any means of correcting that damage.
That said, they can be in breach of duty without knowingly being so. However I think he falls down on failure to mitigate his loss, if they can make an argument that they would have acted sooner had he reported sooner.
However, the legal arguments on that would only matter before you've set out a claim in full for any expenses actually incurred. If there are receipts and the utility company accepts that the hole was there before it was reported, they'll probably not want to enter into a detailed argument over a couple of days' worth of bills.
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Hugo.
Since you had to reschedule work, why dont you bill your friend for your costs incurred, he can then use this as part of his claim.
As long as your claim is correctly worded and could be justified of course!
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pmh (was peter)
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I'm seeing him next week so I'll mention what has been said here - thanks.
I think he'll have a problem passing on any costs he's incurred before he informed them of the situation, unless he has a very good arguement.
I'm going to suggest he calculates lost overtime and extra costs incurred in his travelling, then submits this for a claim. I guess he'll have to substantiate the overtime bit with a letter from his employer.
I won't invoice him for my "costs", firstly I didn't really incurr any and secondly he's got enough problems. He's the sort of chap who would just pay my extra costs regardless of whether he managed to get it back.
I'll let you know how he gets on.
H
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"Whilst the utility firm must take most of the blame I reckon he'll be onto a loser with claiming for the time before he even reported that there was a problem..." I agree. However in answer to another point made in your post, he showed me a letter from the utility company explaining that access to drives/properties would be maintained. H
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As you're saying, Hugo, I think he'll have trouble getting anything for the first three days especially as you're saying he had a previous letter from the utility informing him they were going to be doing works.
As the letter stated they would be maintaining access to properties and drives I think I would have been on the phone to the number on the letter immediately they obstructed my drive, without notifying me, asking when access was going to be restored, or asking the guys digging the hole! I don't think I would have waited three days losing earnings and paying for alternative transport before complaining extremely loudly!!
Must say that when we had the gas mains relaid in our street they found they needed to dig right in front of our dropped kerb, chap came round and asked us if we needed the cars for a couple of hours. One we did, one we didn't so moved one out onto the road. About three hours later chap came back and said that they'd not been able to finish but they had provided a temporary ramp until they could, no problem. Just goes to prove that it can be done.
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>>I won't invoice him for my "costs", firstly I didn't really incurr any and secondly he's got enough problems. He's the sort of chap who would just pay my extra costs regardless of whether he managed to get it back.
I don't think that's what he meant. I think he meant you should give him a "bill" to pass on in his claim, rather than actually bill him with the expectation of payment.
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Ah - I see what you mean. :)
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Utilities seem to have wide ranging powers. On one occasion the leccy board dug up about 2 metres of my hedge to get to a faulty connection. They put a letter through my letterbox pointing out their powers and advised me not to bother complaining. They did replant the hedge though and fortunately it survived even if it did look a bit sorry for itself for a couple of years.
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L\'escargot.
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Update:
I spoke to the client today and he tells me that he has accepted an offer.
The original offer was £150. He apparently escaleted it through the management structure and, whilst they didn't agree his original claim (around £600), they have offered £400.
I saw how he arrived at the original £600, and to be fair to the utility board I can see why they didn't fully see his point of view. I suspect he was hoping for the figure he got.
I didn't offer to do an invoice for him, as whilst it may have helped him, it could have caused me tax problems, having issued an invoice which I wouldn't be expecing payment for, but possibly facing a tax liability for it.
Apparently he is just waiting for a cheque, which is good for me as he's putting the proceeds towards a much needed bathroom refit, and guess who's got the job ;).
H
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