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04/03/2013 at 23:36

For what it is worth, I disagree with those who say that there is nothing you can do.
It seems to me that his concentration on that area had to do with the greenhouse;  may have thought he was doing his friends a favour. Even if it is only a bluff, I think you should stick to your guns and get him to put up some fencing, if possible at his own expense. It isn't so much about the the money as about establishing that you will not accept being treated in that way. If he won't do it, you haven't lost anything. You don't have to be nasty - just firm.

I wonder if you already have a gut feeling about what to do and just need to follow it.

Anyway, as Bunny says, life is too short to let yourself be too upset. I really hope you get a satisfactory outcome and lots of enjoyment from your garden for a long time to come.

 

05/03/2013 at 05:47

I still feel that if your instructions were clear, you should explain to him that your garden should be reinstated properly at his expense, and that unless he does so you willl be using  Small Claims Court procedures to obtain  recompense so that you can employ a real professional to do the work.  

As has been said, you don't have to be nasty to do this, just clear and firm. 

05/03/2013 at 07:56

Yes we are going to push him, calmly and firmly, to put things right. Well my wife is! I'm a very placid and no confrontational person but was so angry with what he had done I lost my cool big time. He latter told my wife he thought I had been "heavy handed". Not sure if he was being ironic  as he was the one that had been "chainsaw" heavy handed

Anyway spoke to the neighbours (who we've always got on well with) again last night. They were horrified that he was saying they had asked him to do it. I confirmed that he wasn't and that he couldn't (or wouldn't) give any explanation for his action. The plot thickens! We can only assume he thought he was doing then a favour.

 

05/03/2013 at 23:16

Lessons have been learnt and you sharing your experience I'm sure will help others in terms of so called proffessional gardeners and neighbours. It's unlikely you'll ever know whether your neighbours were involved though.

I have a neighbour on one side, who, with hindsight, presented as a  'smiling assassin' when he asked for access to my garden to replace the adjoining fence. We agreed on the height but I became suspious when he wouldn't give a date when the workmen were coming. I started to come home for lunch. So pleased I did as the neighbour had asked the workmen for a fence 2ft higher than agreed. To cut to the chase they downed tools when they knew our arrangement, the workmen were ever so nice, left their number and said they would not resume work until I called them and we'd agreed on the height. The neighbour had to agree to a height that evening or they were not coming back at all but would bill him for the work done.        

06/03/2013 at 07:03

Chyperie - there are legal solutions to what had happened, you do have a contract (oral contracts still stand) and technically I would have thought he has trespassed on your property. However what you have to remember is that getting involved in legal work is very time consuming and most people find it emotionally draining. You (or you wife!) should be clear at this stage what you want him to do to fix the problem. If he starts prevaricating and you don't want to pay a solicitor then write a letter setting out the situation as you see it and explaining what you want him to do to fix the situation. Entitle the letter 'pre-action letter' and make it clear that you are eager to resolve the situation amicably but you will start proceedings if necessary. This can be a good way of encouraging sensible behaviour. [Disclaimer: this is not legal advice and should not be relied on as such!]

17/03/2013 at 19:07

Weeding and tidying up?

My own definition of a weed is any plant I don't want in my garden.

Tidying up can mean so many things to so many people.

One man's rubbish is another man's antique.

 

18/03/2013 at 12:18

Chyperie, did you get any resolve? 

19/03/2013 at 15:48
Terence Jones wrote (see)

Weeding and tidying up?

My own definition of a weed is any plant I don't want in my garden.

Tidying up can mean so many things to so many people.

One man's rubbish is another man's antique.

 

Interestingly, we did initially wonder if it had been a misunderstaning but when we asked him why he had done it he wouldn't give a reason. If he had said "that's what I thought you wanted" at least it would have explained things!

 

 

discodave wrote (see)

Chyperie, did you get any resolve?

Not yet, we went out for dinner with our neighbours who are horrified at what the "gardener" has done. They are adamant they knew nothing about it and when they asked him why he had done it he said " I thought it would give you more light in your greenhouse!"  He also said that his insurers had advised hime not to do any reinstatement work as that would be an admission of guilt. We were in the process of writing to him to say we would accept reinstatement as " full and final settlement" but our neighbours have asked if they could speak to him first and ask him to reinstate. We are giving him until the end of this week then we'll put it in writing to him.

19/03/2013 at 17:07

O dear C I feel for you. I do garden maintenance for a living and always make sure that myself and customer have agreed on any bigger stuff being done. And if im not sure I dont touch it. I do some gardens that have been hacked by cowboys passing as gardeners its upsetting to see what they leave behind. Hope you get the resolution you are looking for. E.Q.

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