Furious , anybody any advice other than a stiff drink?

Perhaps a definite Victor Meldrew moment was had by me about an hour ago POST Fife Council having unblocked the culvert about 11an this morning. Yep the culvert is blocked again AND they have piled boulders and mud on the verge where at least some of the water was draining away. I am now purple with rage as it's WORSE than it was yesterday. I telephoned my beloved council about an hour ago to report that what they'd done was totally useless and things were dire again "Oh dear, we'll send someone out tomorrow". I asked why the hell someone couldn't come back out TODAY. "Oh the workmen clock off at 3pm".The photos are of Fife Councils handy work today. I am now going to lie down in a darkened room!

 

I hope you've got something nice to drink when your "darkened room liedown" ceases Silu. We are all here for you tonight if you feel the valve about to blow again. I can only offer a virtual GC right now. It must feel like a perpetually running nightmare . I'm sure your solicitor will roll up his virtual sleeves and get stuck in tomorrow. Will be thinking of you,
Jenny

 

I apologise in advance - I have not read the preceeding. I am also not trying to be wise after the event.

I urge you to consider having a Union membership. With that you get free legal advice in most matters including stuff around your home. In some instances, the Union help extends to other, close family members.

I hate the Unions because they are weak and too much in-fighting but they have helped with legal stuff over the past few years - plus it's quick and certain.

 

All I can say Silu, is stick to your guns. Keep recording everything, and stay cool. You're already on the right track legally.

 

Oh Dear,

Can't even think of something to lighten your mood now either

 

So sorry Silu, you must be so fed up by now. Just don't give up writing down facts, dates and names and taking photos. Keep sight of the fact that in Nature, time is a great healer!! This coming summer when everywhere is green and pleasant again and you know which shrubs didn't make it, you can hopefully put together all the photos and facts and attack the situation with renewed vigor...make sure you don't accept any compensation, (if offered) in the meantime as 'full and final settlement.' Get your Rhododendron expert to put down in writing that you won't know till summer about the shrubs etc.
Here's to a drier 2013.

 

This is a very good point. And you've reminded me of another important point that I'd forgot to mention.

When an organisation is being sued, there is a sort of standard thing that happens. They set aside a 'reserve'. This is the total amount of money they expect the case could cost if they lose in the worst way possible. Then if they think they are going to lose, they offer you a small chunk of that money, often as a 'gesture of good will without accepting liability'. Typically they'll offer less than a third of what they think it could cost, and they do that in the hope that you've grown weary of the case and you just want to take some cash and run. If you get such an unreasonable offer, then the correct procedure is to acknowledge their offer, telling them that you've noted it in your record of events, but unfortunately it doesn't even come close to covering your losses so unless they revise their offer to a sensible figure within 7 days (or whatever timescale YOU choose) then you will instruct your solicitor to begin proceedings to recover your losses plus of course all your costs.

 

Sorry to hear it's all gone wrong again Silu. Please keep us posted on your progress.

 

You need a glass bottomed boat & to organise tours of the new Crayfish Farm

 

Well there is definitely 1 good thing to come out of all this.....I've learnt there a great deal of really kind and thoughtful people on GC.... group hug!. Kevin H... lol I am a couple of months shy or being a OAP so while I totally see your point perhaps I'm a bit past unions mores the pity. You all have been so supportive I can't thank you enough. I can't say my chat with my solicitor was very encouraging as he immediately spotted the council are hiding behind health and safety re Gas and Electricity.Maybe when we have a meeting tomorrow and he gets more facts my case might look better. I know it took the council over 3 weeks to contact the gas lot(found that out by speaking to the gas guy who turned up on Dec 27th to see situation) and I've asked one of the multitude of "managers" exactly when they contacted the electricity company to get their (completely unnecessary) permission to dig near (not really) power lines.Any chance of suing the ....... is somewhat dependant on the reply evidently.
I have managed to "get the ear" of the top person in Fife Council and what has happened here had great ramifications and huge cost to the council during and post the huge rainfall before Christmas as by closing our road and putting up diversion signs in the WRONG place it resulted in main road traffic (main road shut due to flooding) being diverted up a single track road with NO passing places. Result, road all but destroyed (being vaguely fixed as of today), verges just gone and was where council employee got their puncture (hee hee) in a council vehicle.Honestly I just cannot believe how inept the council is with MY money. I'd better laugh otherwise I'd cry. I'm now bloody minded enough to go ahead and sue even if my solicitor advises against it. It just might be worth a couple of hundred quid should I loose to at least have the satisfaction of getting my case heard and see a few in Fife Council squirm! Tempted to write to the local paper but often they print what they want to not what you've said! Wondering what tomorrow will bring but certainly NOT putting any money on the burn being unblocked. Night all you thoughtful folk.

 

If your solicitor says you don't have a strong case, then you still have two options. You can either find another solicitor, or bluff. I'd have said the third option would be the small claims procedure but there are limits as to how much you can claim there. That might be an option as a last resort to recover some of the loss.

Bluffing is the route I'd take in the first instance. Its cheapest and simplest and works more often than not.

 

Bluffing failed for me. I got a letter from the Council that if I failed in my actions then I would pay their costs - and they know how to pad a bill.

I haven't read everything - sorry - but what I got so far is...
What is at stake here is a number of prized items and the time, sweat and general effort gone into it. If it were me, I'd be tempted to find the most sympathetic ear I could and have the Council's Parks Dept help me out with some equally beautiful items. There could well even be an incentive for both of you in that the local media might be involved to show what a caring council has done to right something that was out of everybody's direct control, even if the Council has been lacking. An opportunity is all that is needed for both parties - and no better than a positive outcome will succeed. Your MP might even be best to liaise between you and the Council because it is a feather in the MP's cap. (Sorry - forgotten what a Scottish MP is called - oops!)

 

That's why most solicitors will put you in touch with appropriate insurers. You can buy a policy that pays the costs if you lose.

 

That's why £3 a month for Union membership is worth the money. You don't need to be in work to be a member - there are loads of unemployed and older people on their books - and it's a great way to help protect yourself.