Virgin has damaged my property

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    Virgin has damaged my property

    Hi guys, last month Virgin came to one of my btl house installed cable. They haven't got my consent, my tenants gave them permission and they have no right to do so. Virgin came and drilled a hole on my water pipe, it has caused serious damage. At first Virgin said they will rectify everything but after asseor been and found out it will be a big job they then turn around said I have to claim my own insurance, then my insurance company will claim from their insurance company. But after I made a claim, my insurance company said Virgin has denied their responsibilities as my water stop cock is not visible? It is in a cupboard and in full working order. Also as I haven't buy content insurance so my insurance company wont be able to compensate my content. I raised it up to Virgin but they just keep ignore me. After several chase they said the installation agreement was signed with my tenants so they wont deal with my request. But the tenant has no right to sign that agreement as they only have six months contract with me. So at the moment while I am waiting for my house to get fixed, I am wondering what should I do, should I start claim from my tenants or should I continue chase Virgin. It is very complicated and gave me serious headache. Plus now I am thinking about the insurance primer I lost, I don't know how to calculate the lost of everything.

    #2
    Speak to a lawyer.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      Get your insurance to fix the main issue, and then you would need to sue (depending on the claim) sue Virgin media for the remaining i.e. the contents.

      Depending upon the wording of your tenancy agreement, the may be/ or may not be allowed to install cable without your consent, but Virgin would not know that the property was not theirs as the contract would be in the T's name not yours, and Virgin or any service provider would not check land registry to find out who actually owns the property.

      You would be advised to seek legal advice and pursue both parties (Virgin & T).

      Comment


        #4
        Get some legal advice, you are the home owner, virgin, or any company wishing to carry out work in or around the property has to get the home owners consent, not the tenant.
        When requesting this work to be carried out this would, or should, have been asked by the company.
        It's not your responsibility to get repairs done via your insurance company, obviously if it's causing damage then get it repaired and then simply invoice virgin.
        You might also ask your tenant about how they managed to authorize virgin to carry out the works in the first place.

        Comment


          #5
          You have three options (as far as I can see).

          You claim on your insurance and let your insurance company worry about recovery.
          That's what the insurance policy is for, and it's pointless having insurance and never using it.

          You claim from Virgin. It doesn't matter that the contract is in the tenant's name.
          One of their contractors drilled a hole in a property you own and damaged your property.
          That's not a contractual issue, it's a matter of Tort.
          You don't have to have an agreement with someone to make a claim against them.

          You can claim from the tenants.
          That seems to me to have the least chance of success - in the first place, they're the party with the least money and in the second, I can't see how, even if they're in breach of contract, the damage was remotely foreseeable.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Try a letter before action.

            Comment


              #7
              Thanks guys. I have contacted Virgin numerous times but they totally ignored my email. The Virgin solicitor who is dealing with my case simply suggest me to speak to my own insurance and also said they will not take responsibilities as the contract they have is between tenants and them. I dont want to claim through tenants of course but I realized that my tenants have signed a access agreement with Virgin, on that agreement it clearly says only tenants who has more than one year contract can sign but they signed it anyway. Also on that agreement it has said Virgin will help my tenants with any claim caused by Virgin. I have already made a claim from my own insurance company as no one come to fix my house and give tenants a place to live. But for the rest like content/time/labour along with the cost of lost premier, also the excess of my insurance...it added up nearly 3000 pounds. It seems from Virgin's view, if the agreement is valid, then I should claim from my tenants then they will claim from Virgin. But what if the agreement not valid, as my tenants have no right to sign it also Virgin has caused the damage, then I will have to claim from Virgin directly. With Virgin's responds I serious doubts they will pay up so I will have to take them to court.

              Comment


                #8
                The solicitor is trying to fend you off.

                As suggested above, the case is simple. Virgin damaged your property and they must pay damages. The contract issue is irrelevant. The fact they may not have known where the water pipe is is irrelevant.

                Comment


                  #9
                  You need legal advice.

                  Comment


                    #10
                    Originally posted by weirdfish View Post
                    You need legal advice.
                    Do this right now, contact a solicitor who works in the arena, the advice on this forum is good but your case needs direct action to be taken now.

                    Comment


                      #11
                      Originally posted by weirdfish View Post
                      You need legal advice.
                      Advice is not needed on the law as the position is straightforward: Virgin has damaged the property and they are liable.

                      Virgin are stalling in the hope that bluebird2021 will give up. Consulting a solicitor these days for a matter such as this is disproportionately expensive. A bill for four figures can soon be run up without achieving anything. Virgin know that. A solicitor's letter may make them change tack, but it may not. Before consulting a solicitor bluebird2021 should send a letter before action to see if it changes anything. If it does not, he can then decide if he wants to start proceedings without using a solicitor.

                      Any letter before action should make it clear that the arguments for denying liability do not hold water. It can go on to say that the agreement made with the tenant is void as the tenant had no authority to make it and that if compensation is not paid the cable will be disconnected.

                      Comment


                        #12
                        Originally posted by Lawcruncher View Post
                        Any letter before action should make it clear that the arguments for denying liability do not hold water. It can go on to say that the agreement made with the tenant is void as the tenant had no authority to make it and that if compensation is not paid the cable will be disconnected.
                        The contract isn't void and the tenant had the right to enter the contract with Virgin.

                        They may be in breach of another contract with their landlord as a consequence, but that has no effect on their right to enter into an agreement with Virgin.

                        The claim has nothing to do with the contract and that's simply Virgin trying to deflect action.

                        If the contractor's van had run over a neighbour's dog would they be able to avoid liability because they had no contract with the neighbour?
                        They have a duty of care, they've been negligent and are liable to pay compensation for the loss arising, which was obviously foreseeable.

                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                        Comment


                          #13
                          Originally posted by jpkeates View Post
                          The contract isn't void and the tenant had the right to enter the contract with Virgin.
                          We do not know that. If there is something in the terms of the tenancy which prohibits the work then the agreement is void. If the agreement is not void it cannot survive the tenancy.

                          Whatever the position, there is no harm in bluebird2021 saying the agreement is void. Whether or not it is void is a bit of a red herring on the compensation point. It is only being suggested that the contract is void in connection with the threat to remove the cable.

                          Comment


                            #14
                            Originally posted by Lawcruncher View Post
                            We do not know that. If there is something in the terms of the tenancy which prohibits the work then the agreement is void. If the agreement is not void it cannot survive the tenancy.
                            I agree we can't know this 100% without a deal of other information.
                            But as a general point, agreeing in a contract X not to enter into another contract Y doesn't affect the validity of contract Y if it is created.
                            It just puts someone in breach of contract X.

                            It would be virtually impossible to enter into a binding contract otherwise.

                            Whatever the position, there is no harm in bluebird2021 saying the agreement is void. Whether or not it is void is a bit of a red herring on the compensation point. It is only being suggested that the contract is void in connection with the threat to remove the cable.
                            Certainly agree with this point.
                            But I think that discussing the contractual position is really a red herring.
                            A virgin contractor drilled a hole in a wall without checking what was inside the wall and caused damage.
                            It almost certainly wasn't deliberate, it must have happened before, it must happen from time to time and it should be a routine thing to sort out.
                            The contract that caused the hole to be drilled isn't relevant to the outcome.

                            It annoys me more than Virgin are being difficult about it simply to save some money and significantly lowers my opinion of the company.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              Totally agree with the above, if you strip away the various arguments about who entered which contract and if they could..... you end up with a Virgin employee not using sufficient care when drilling a hole in a wall.......and there we are, they should be doing the right thing and getting it sorted, but as we know a lot of big companies make the money they do because they don't do the right thing.

                              Comment

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