Neighbours have chopped down our tree without our permission

Re: Neighbours have chopped down our tree without our permis

Postby Roblewis » Thu Feb 12, 2015 11:26 am

I do agree with arborlad that as the tree does have a goodish length of trunk it will very quickly develop a new crown. A good tree surgeon will be of best help here but NOT the one who did it.
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Re: Neighbours have chopped down our tree without our permis

Postby clairlybel » Thu Mar 12, 2015 5:18 pm

Hi All,

Thought I'd give you an update on our tree situation. It's taken a while as we had a death in the family and then the neighbours took time to get back to us!

We got multiple quotes for new trees, big trees, small trees and decided that to add a bit of character back into our garden to ask for two smaller trees, rather than one hefty big one at thousands of pounds. We figured this was the cheapest less invasive option (big tree = crane!).

So sent all this across to them and eventually got a message back saying that they were only willing to pay a third and that we had to stump up a third and the tree surgeon the other third. They said that we had to accept partial responsibility for what had happened as they had told us they were having "some work" carried out on our tree. We were not impressed so wrote a letter back saying

You did not tell us you were having "some work" you told us it was a "trim" on your side. What has been carried out is not "some work", all that is left is a trunk. We said that we were not accepting responsibility and that we felt that we were choosing the most amicable option eg £360 versus upward from £3000. (I'd spoken to home insurance and our legal cover includes damage to property to really we could take them to court for the higher amount but chose not to).

Then spoke to tree surgeon, he said he was happy to pay half and thought neighbours would do the same.

Came home yesterday from the funeral to find a letter from the neighbours and a cheque. For the NET amount of the cost of trees. So they've missed off the VAT and the cost of planting which is about £126. The note says "In order to come to a swift and complete closure on this matter I am prepared to make a one-time offer, without prejudice and enclose a cheque for £233".

Do you know what without prejudice means?

Thanks for all your advice
C
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Re: Neighbours have chopped down our tree without our permis

Postby arsie » Thu Mar 12, 2015 6:19 pm

'Without prejudice' means that if the person has made admissions to try and reach a settlement out of court, then these admissions cannot be used against them if the matter comes to court. Sometimes you can't just exclude. For example, here, the neighbour directed the tree surgeon what to do. I don't think they can avoid that coming out if things go to court.

The fact that they and the tree surgeon may be VAT registered and can recover VAT is neither here nor there: you cannot, being a private individual. In this transaction you are entitled to receive full payment of your expenses incurred including the VAT element.
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Re: Neighbours have chopped down our tree without our permis

Postby MacadamB53 » Thu Mar 12, 2015 10:13 pm

Hi,

you've still got the tree, right?

Kind regards, Mac
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Re: Neighbours have chopped down our tree without our permis

Postby Roblewis » Sat Mar 14, 2015 4:34 pm

PLUS two new ones :D :D :D

It really is down to your choice but it may be as well to simply acknowledge the cheque after cashing it and it is cleared then say that you have accepted it BUT NOT without prejudice
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