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Luke55
10-11-2013, 09:36 PM
I own and live in a four apartment block and my shop is in the basement. One of my locator phone went in trouble two month ago. The Bell Canada technician came for repair. While looking for the junction box he broke for $700 of equipment. He probably climb on my lathe, x y dro are broken. He also broke the shelf where most of my tooling is. I found my caliper and two dials indicators on the floor. He finally found the box outside of the block. Since this I try to speak to a company representative. They gave me three appointment but they don’t honored it. I send them a “mise en demeure.” They don’t sing for it and the letter came back. I spoke to a friend who is a layer and he said: that even if a win a cause against them, they never pay. I hate these big asshole companies.

mattthemuppet
10-11-2013, 09:49 PM
that really sucks, I'm sorry to hear about it. The only recourse you have is to make a big a public stink about it as you can. Write letters to your representative, to the mayor, to the local newspaper, a formal letter to the company detailing the legal action you will take and pretty much anyone else who you think might give a monkeys.

I had a couple of similar(ish) cases - one where a dentists promised a proceedure my wife needed would be covered by our insurance, then a $2500 bill came through the post a month later. Lots of letters to the company, my representative, the paper etc got it knocked down to cost - $1200. Still better than 2.5k. Another was similar to yours - some workers came to fix a sink drain blockage and somehow managed to dump a pipe full of sodium hydroxide (Drano) over my just rebuilt mountainbike. Some letters and hints at legal action to the rental company got $750 towards the damages (which were extensive).

So, doesn't hurt to try and even it it doesn't work (although I'm sure you'll get somewhere), you'll feel better for it. Plus, if everyone kicked up a stink when some dumbass worker screwed up something expensive, perhaps they might be a little more careful with the next house?!

A.K. Boomer
10-11-2013, 09:59 PM
Damn Luke im getting furious just reading your post.. I Just had to go through a bunch of crap with my phone company,,,

terrible connection - sounded like Jimmy Hendrix was constantly playing in the background,,, comp. dragging their feet and I had already checked my end of the connections - so I finally went out into the alley and found the lid off of one of their boxes and leaning into the inside phone wires --- guess who's lol

every time it rained it would get worse cuz it would ground out the bottom of the box that was sitting on the ground,,,

called them back and told them I tracked it down and fixed it myself and installed the lid properly so they need not send anyone on their end of it - said I wanted half off on my bill for saving them a service call and for all the hassle,,, to my surprise the guy thanked me and honored it... still --- a weeks worth of feet dragging had me pretty po'ed...

lakeside53
10-11-2013, 10:26 PM
Take the individual to small claims court. if nothing else it will get someone at the Corp level to take notice.

Evan
10-11-2013, 11:06 PM
Yep, small claims court will get their attention. If they don't show up you will get a default judgement in your favour.

Luke55
10-11-2013, 11:29 PM
It is what my friend said: even if you win to the small claims they don't pay: It is on you to execute the jugdgement

KiddZimaHater
10-11-2013, 11:43 PM
Take lots of photos, and get documentation. Who was the technician? What date? What time? Who was being serviced? Who was the repair for? ...Cover your ass, get all the facts on paper,,,, then small claims court

Evan
10-12-2013, 12:17 AM
If they don't pay it is contempt of court. You go back to the small claims court and make another case of that. That can even result in jail time. Then they will pay.

CalM
10-12-2013, 12:43 AM
I make it a point to be present when utilities services are called to the house.

Saves on aggravation, and I become wiser.

lbhsbz
10-12-2013, 01:39 AM
Call him back out, then steal the keys to his van. When the supervisor gets on the phone, explain that you'll return keys to the van when you get a check for the damages. If the don't cooperate, show them
What HSS does to
Van keys.

Arcane
10-12-2013, 03:50 AM
Call him back out, then steal the keys to his van. When the supervisor gets on the phone, explain that you'll return keys to the van when you get a check for the damages. If the don't cooperate, show them
What HSS does to
Van keys.Do you normally advise people to commit illegal acts when they have a problem?

taydin
10-12-2013, 04:29 AM
Would have been so good to have had a surveillance camera in the shop while this happened ... But small claims court is the way to go. Here the small claims courts are always looking out for the rights of the consumer, unless there is blatant neglect or malice

lbhsbz
10-12-2013, 05:36 AM
Do you normally advise people to commit illegal acts when they have a problem?

Do you normally accept destruction of your personal property,,with your only LEGAL recourse being to hire an attorney who's fees will likely exceed the cost of the damages?

I advise to solve problems in the most efficient manner possible...the first method of which is to avoid problems in the first place...lacking that, do something more extreme. A large company will not be bothered by a few thousand dollars...court will cost them more.

GEP
10-12-2013, 06:07 AM
Luke 55
As they say the squeaky wheel gets the grease. I would keep at them till some thing is done

Martin0001
10-12-2013, 06:43 AM
Go for small claims court.
Lack of answer will mean that you win, unless your claim is ludicrous (about what Evans says).
Collect all bills related to existing damage and if you are really aggravated throw in some additional bills as long as you stay within domain of *reasonable*.
If they don't pay after you got a judgment, then apply for *warrant of execution*.
Add cost of this application and cost of your time wasted to the bill.
Claim about half of what local lawyer would charge for your time wasted in entire process and add these costs while applying for a warrant.
Then they will pay.
They have money for sure.

NB.
Employee of one utility company in Britain have caused slight damage to my car while entering property carelessly.
He refused to pay GBP 30 for a headlight damage on the spot and company have also refused.
So I have started legal case and was charging about half of a lawyer fee for every action taken and letter written.
I have kept all documentation, a log of it, also documentation related to an expert advise about estimates of damage (which I got for free from company which was doing MOT for me).
It have taken more than a year, I won and yes - they were not paying.
I have applied for a warrant of execution, presented that to a bailiff and 2 months later I have received more than 1500 GBP.
On the top of it bailiff have charged his fees.

Key to success is to add all the bills and present these against Defendant and in case of small claim where liability is obvious, you don't need a lawyer really, at least in the UK.

Edit: Claim reasonable value of your time and effort spent while processing your claim, not an equivalent of legal fees or something alike.
In small claims court (at least in the UK) you cannot claim legal fees.

Martin0001
10-12-2013, 06:52 AM
If they don't pay it is contempt of court. You go back to the small claims court and make another case of that. That can even result in jail time. Then they will pay.

Defendant is a *corporation*.
Such entity cannot go to jail, but they *will* pay, after he secures a *warrant of execution*.

Jaakko Fagerlund
10-12-2013, 07:03 AM
Just make the whole thing public with photos, names etc. from the start, deserves the ****ers right. Do not say "pay or I go public", but just ask for payment for damages done.

yul m6
10-12-2013, 07:59 AM
I am guessing you're in Quebec: I took BMW to petite creance and won back my lease deposit. When they did not pay after two months, I sent a huissier to their office to determine what can be seized to enforce the judgement. He came back with the check including his fees.

Rosco-P
10-12-2013, 08:40 AM
Small claims might be your best bet. How did all the damage happen un-noticed until later? Were you (or a responsible person) not there when the tech. was in your home?

Luke55
10-12-2013, 09:12 AM
Thanks all for your answers. I’m not a novice with that kind of action. Yes I take lots of pictures. The locator doesn’t advice me of his trouble, by the fact I’m not present. I take all the names and ID number of the personnel I spoke. The mise en demeure was made by the small claim. 25$ and send by me. As I said before bad publicity in local journal don’t affect them. In the reality, with a judgement against them, they don’t refuse to pay. They send you a honey coated letter. After that they lost you in the administrative file. In the past I had bad result with usher companies and it cost money if they don’t have results. Yes a plan to unplug the incoming wire and put 600 volt in their system. As an honest man I don’t do it.

Rosco-P
10-12-2013, 09:20 AM
Yes a plan to unplug the incoming wire and put 600 volt in their system. As an honest man I don’t do it.

Wouldn't do a thing to the Central Office equipment. Their protection would shunt it to ground. However when discovered and traced to your circuit, it would probably trigger an action similar to what Homeland Security would do in the US.

bborr01
10-12-2013, 09:21 AM
Some years ago when I was laid up with a broken femur, I decided I needed cable tv to give me something to do as I was getting very little sleep. Cable guy came and installed cable. Month or so later I was able to climb stairs and went to the basement. The pool table had foot prints diagonally across it. Looked up at the ceiling and the cable was stapled to the floor joists right in line with the foot prints. Canceled cable. Problem solved.

Fast forward almost 20 years and we are thinking about going to cable internet. Same company. Our current DSL through ATT keeps dropping the signal and we have to close our browsers to keep surfing. One thing is for sure. If the cable Tech. needs to enter our house, I will be like his shadow.

Brian

vpt
10-12-2013, 10:18 AM
I make it a point to be present when utilities services are called to the house.

Saves on aggravation, and I become wiser.



Yup. I simply must be there to watch for both reasons. One to make sure they don't wreck anything or steal anything and two to learn how to do their job. lol

After putting up our walk in cooler it was a real eye opener how easy it was to set up the cooling unit which I was afraid to do.

I have learned much of what I know about things I shouldn't know anything about by simply watching pros do their job and paying close attention.

Arcane
10-12-2013, 07:30 PM
Do you normally accept destruction of your personal property,,with your only LEGAL recourse being to hire an attorney who's fees will likely exceed the cost of the damages?

I advise to solve problems in the most efficient manner possible...the first method of which is to avoid problems in the first place...lacking that, do something more extreme. A large company will not be bothered by a few thousand dollars...court will cost them more.
Suing in Small Claims Court does not require a lawyer and that action would be my first choice if I were in such a position. Your advise would land the OP in serious legal trouble with the law if he followed it. Where do you think it's going to cost the company a "few thousand dollars"? All it would cost them is a phone call to the police who would charge the OP with stealing the vehicle or vandalism. Yeah, real "efficient".

mike4
10-12-2013, 08:00 PM
I have noticed a lot of so called "technicians/ tradespeople " dont care about anyone elses property and only want to be texting their "friends" when they are supposed to be working.
I have called companies and asked that their "worker" be asked to leave the premiises and called another business who completed the job in one visit with a competent person who actually caredabout their appearence and work.

I always make a point of being present when anyone is performing any work .
Michael

A.K. Boomer
10-12-2013, 08:50 PM
Good for you Mike - it really is at epidemic levels and I can see why,,, it's why I don't own a cell or I might become "one of them"

I do all my on line stuff on my own time and from a home base PC, if you start taking it with you then your going to start taking it with you...

people need to hang up and drive,work and do all the important stuff first... it's a great day and age in allot of ways - but it's also a curse,,, one has to recognize as to where and why...