Council Sub Contractors Demolished wall and deny it!

[yeoldenguy]

Hi I came across this website via a search and I hope I am posting in the correct place.

This morning the council sub contractors that were repairing the road reversed twice into my wall and demolished it.

I was out at the time and my children and neighbours saw it.

The workmen said it was due to vibrations that the wall fell over!

They are denying everything.

One of the workmen threatened me also.

I called the police and they did nothing.

How do I progress this and does anyone know if legal aid is available for this.

Thanks in advance

[judgemental24]

Re: Council Sub Contractors Demolished wall and deny it!

Deal with the organ grinder, not the monkey

Contact the local authority first thing on monday

Take a shed load of photographs

How do you know they reversed into the wall if you were out?

Will your neighbours give a statement they witnessed the wall being hit?

[stevemLS]

Re: Council Sub Contractors Demolished wall and deny it!

And, no, you won't get legal aid.

[yeoldenguy]

Re: Council Sub Contractors Demolished wall and deny it!

Yes the neighbours will give a statement.

Do I complain to the council or the subcontractor?

On the councils website it says they are not liable for subcontractors.

- - - Updated - - -

Also should the police have done anything?

They did attend.

Surely I should get the insurance details.

[judgemental24]

Re: Council Sub Contractors Demolished wall and deny it!

Any company who employes sub contactors will be liable as they are operating on their instructions.

What normally happens is you claim off the council insurance, the council will then claim off the sub contarctors public liability insurance

I would give your own buildings insurance company a ring as they will deal with this on your behalf

That is why you pay the premiums, make them work for it

[yeoldenguy]

Re: Council Sub Contractors Demolished wall and deny it!

My concern is this. On the council website it states that they are not responsible for sub contractors and claims should be sent straight to them.

Is that just the council trying to get out of their responsibilities?

- - - Updated - - -

I appreciate the advice and have never had this happen to me hence the questions to get all the facts about my rights.

[judgemental24]

Re: Council Sub Contractors Demolished wall and deny it!

As i said the ultimate responsibility will be with the local authority as they employed the sub contractors to do the work

Give you buildings insurance company a bell for advice

[judgemental24]

Re: Council Sub Contractors Demolished wall and deny it!

I will give you an example and not go off topic

I was stopped by Tesco gestapo 5 years ago. The accused me of stealing. I refused to go into that back room and in full view of customers by the door and waited for the old bill to arrive. Of course i was innocent and the old bill left. I put in a complaint to TESCO and they said the security were contractors and any complaint was against them

Put simply through the actions of Tesco employing outside security guards i was subjected to a civil wrong (Tort) and entitled to redress

I used my old favourite

"Vicarious Liability"

This placed strict libility on Tesco for the actions of their agents (Security)

Case was settled by mutual consent order to my satisfaction

[yeoldenguy]

Re: Council Sub Contractors Demolished wall and deny it!

Hi Judgemental many thanks for the explanation.

I am currently trying to find the buildings insurance documents to see what is covered and find the claims number.

[des8]

Re: Council Sub Contractors Demolished wall and deny it!

If your buildings policy doesn't cover boundary walls, you might have Legal Expenses cover (with either buildings or contents cover) which might help you.