upc agents trespassed on my property

lost marbles

upc were in the process of upgrading their cables in my area .their agents called and asked could they dig up a piece of my garden . the two guys that called offered me the upc basic package for two years free .i told them i did,nt need upc atm as i was on sky and had another broadband provider ,but maybe in the future .
so unless they offered me a better deal the answer to digging up my garden was no .
about six months passed and the guys doing the cables bypassed my house .but i noticed that they bootched up on the house ajoining mine and had to fit a taped up reconnection .
august i was away on holidays and when i returned i noticed that something was,nt right . they had removed all their cables from my house . i rang up to complain that i gave no one permission to enter my property . the girl on the phone [after about five different departments ] said she would fill out a form and get back within ten days .now were into october and still nothing .rang this morning and will wait and see for now . cheek is that they sent me a letter today asking if i wanted to join up to one of their packages .

GerardKeating

If they had cables on your house, they may have obtained a wayleave at that time which allowed them access.

seamus

They have a right to enter your property to remove their cables as the cables were already there.

Unless they did damage, you have no complaint.

lost marbles

seamus wrote: »

They have a right to enter your property to remove their cables as the cables were already there.

Unless they did damage, you have no complaint.

the only damage was that the sat dish has,nt been right since [maybe they moved it slightly ] but ive recified it now anyways .
they could have asked the cheeky ###ks . what if [yeh the worlds full of ifs ] your man had fell off his ladder ?.
anyways i reckon they have my house bypassed now . next door is the end .and the house around the corner is feeding from another estate across the way . so upc can go F themselves if they need acess to my place in future .

seamus

lost marbles wrote: »

they could have asked the cheeky ###ks .

You were away on holidays!

lost marbles

seamus wrote: »

You were away on holidays!

still not nice to return from a destress holiday to find some yoke [keeping it clean here ] was up on a ladder in your garden while you were away .

Kensington

It's their property at the end of the day (the cables). Generally they receive wayleave when the cables were originally installed.

Sounds like they have completely removed your house from the cable loop anyway so they shouldn't need to access your property again - I hope you don't want to sign up to upc in the future though...

ZENER

Kensington wrote: »

It's their property at the end of the day (the cables). Generally they receive wayleave when the cables were originally installed.

Sounds like they have completely removed your house from the cable loop anyway so they shouldn't need to access your property again - I hope you don't want to sign up to upc in the future though...

That way-leave doesn't transfer to a new owner of the property where they have no contract with the provider. I had a similar problem a few years ago. When I bought my house I specifically asked my solicitor who had leave to come onto my property. The only people who have permission are those with whom I have a contract.

I requested that UPC remove cables from the front of my house as I was getting PVC soffits and gutters put up and their myriad of big cables were in the way. After 2 months of calling I eventually threatened to cut the cables down myself if they weren't removed within 1 week. They weren't so I did ! I called them an hour before I cut them to inform them. They said I couldn't do that, I begged to differ !

Jobsworths called at 5 in the evening. One guy attempted to intimidate me and threatened me with prosecution and the Gardai and swore all hell would descend on me when his supervisor arrived. He informed me that they had been searching since 10AM (just after I cut the cables) for the fault.

Supervisor arrived 30 mins later, heated discussion ensued with jobsworth. Supervisor drove away. Jobsworth apologised for his threats and requested permission to rejoin the cables temporarily until they could be rerouted 1 week later. I told him he could but for 1 week only. 1 week passed, I called them and was told it would be another month until they could move them. I said that wasn't the deal and again I cut them down. For that week I had three large cables hanging across the front three windows of my house.

Next day they were out digging up the road outside to route the new cables !!

Ken

maxer68

ZENER wrote: »

Supervisor arrived 30 mins later, heated discussion ensued with jobsworth. Supervisor drove away. Jobsworth apologised for his threats and requested permission to rejoin the cables temporarily until they could be rerouted 1 week later. I told him he could but for 1 week only. 1 week passed, I called them and was told it would be another month until they could move them. I said that wasn't the deal and again I cut them down. For that week I had three large cables hanging across the front three windows of my house.

Next day they were out digging up the road outside to route the new cables !!

Ken

what a wonderful neighbour you are :cool:

Unrealistic

maxer68 wrote: »

what a wonderful neighbour you are :cool:

Indeed he is. He wasted two months dealing with a bunch of sh!theads to avoid inconveniencing his neighbours. He only ended up inconveniencing his neighbours after he had been treated like sh!t by the company with whom his neighbours contract.

slimjimmc

ZENER wrote: »

That way-leave doesn't transfer to a new owner of the property where they have no contract with the provider. I had a similar problem a few years ago. When I bought my house I specifically asked my solicitor who had leave to come onto my property. The only people who have permission are those with whom I have a contract.
Ken

Very interesting. I say that because I can remember a clause with one of UPC's predecessors which stated that the wayleave rights will form a binding part of any future sale of the house , i.e. the continuation of wayleave will be a condition of sale, whether or not a service contract is in force at the time. On the face of it that clause appears water-tight but I guess legal advice might be able to find some useful holes.

Unrealistic

slimjimmc wrote: »

Very interesting. I say that because I can remember a clause with one of UPC's predecessors which stated that the wayleave rights will form a binding part of any future sale of the house , i.e. the continuation of wayleave will be a condition of sale, whether or not a service contract is in force at the time. On the face of it that clause appears water-tight but I guess legal advice might be able to find some useful holes.

That contract is between the vendor and UPC so if a vendor doesn't include a clause about wayleave rights in the sale contract when he sells the house then UPC can't enforce it on the purchaser. All UPC can do is sue the vendor for monetary damages for breach of contract.

Pal

seamus wrote: »

They have a right to enter your property to remove their cables as the cables were already there.

doesn't sound right to me.

I'm not a lawyer but surely its a basic right that nobody is allowed on my property without my permision.

seamus

Pal wrote: »

doesn't sound right to me.

I'm not a lawyer but surely its a basic right that nobody is allowed on my property without my permision.

A wayleave agreement allows them onto the property without permission to carry out whatever work is needed on the facility.

Whether that transfers between property owners is another matter. I was under the impression that it does, but ZENER's post above would be worth discussing with a solicitor if this was a real issue for someone.

The issue of trespass itself is not actually that clear, as someone doesn't expressly need your permission to enter your property, provided that they have a good reason for being there and you haven't otherwise expressly removed your permission.

listermint

Unrealistic wrote: »

Indeed he is. He wasted two months dealing with a bunch of sh!theads to avoid inconveniencing his neighbours. He only ended up inconveniencing his neighbours after he had been treated like sh!t by the company with whom his neighbours contract.

Do you not find some people take stuff like this too seriously, I mean cutting cables and that. I used to go out with a girl and her father was like that. Its quick access to an early grave. I mean they are poxy cables ffs. There are plenty other things to give yourself a hernia about.

I would be of the opinion he used to like to give out for the sake of giving out. And the facia job could have been done with replacing the cables afterwards.

Why anyone would wish to cut the best rated broadband in the country down from their house is beyond me. Some people are mad, ignorantly so......

daheff

listermint wrote: »

Do you not find some people take stuff like this too seriously

,

listermint wrote: »

Why anyone would wish to cut the best rated broadband in the country down from their house is beyond me. Some people are mad, ignorantly so......

well maybe its because, despite trying to bend over backwards to accomodate UPC, UPC continually dont give a damn about anybody other than themselves.?? They only turned up when he removed the cables, even though they had been give ample time to sort it out.

:eek:

listermint

daheff wrote: »

,





well maybe its because, despite trying to bend over backwards to accomodate UPC, UPC continually dont give a damn about anybody other than themselves.?? They only turned up when he removed the cables, even though they had been give ample time to sort it out.

:eek:

Why bring it up in the first place? Were the cables an issue in the last 10 years or so they were there?

Some people get out of bed some days just to have something to give out about. Would he cut electricity wires down if he didnt like the look of them ?

I mean its providing a service to his neighbours and it was an optional service he can get in at anytime.

I dont get it the problem ??

daheff

the problem is that he went to the trouble of asking UPC to remove the wires so that they wouldnt be in the way (or damaged) when he was doing work on his house. UPC ignored it (twice by all accounts -he gave them another week to move them and they didnt bother)

hes doing UPC a favour by allowing the cables be on his property. Basic manners dictates that they move them when requested. they didnt bother...and then flipped out when he took them down himself

lorrscann

I am having a similar problem with them

lorrscann

HAVE YOU SORTED IT OUT WITH THEM - DO THEY GIVE YOU A COPY OF THE WAYLEAVE

ZENER

listermint wrote: »

Why bring it up in the first place? Were the cables an issue in the last 10 years or so they were there?

Some people get out of bed some days just to have something to give out about. Would he cut electricity wires down if he didnt like the look of them ?

I mean its providing a service to his neighbours and it was an optional service he can get in at anytime.

I dont get it the problem ??

If I didn't care about my neighbors I wouldn't have bothered calling them well in advance. I also called them an hour before I cut the cables yet they still spent the whole day driving around trying to find the problem !!

When the cables were originally installed some 30 odd years ago it was a company called Celtic Relays who did it. Since then the cables were owned by several different companies including Chorus and UPC. I specifically asked my solicitor if anyone other than ESB and Eircom (both companies I intended to have contracts with) had wayleave onto my property and the answer was no. I did inform my neighbors of the situation by the way. The cables were obstructing the modifications I wanted to do to my property and I gave them plenty of notice. They didn't take me seriously - their mistake !

The reference to ESB cables is mute, they are all - correctly - installed underground, and besides, I want ESB to be able to provide their service to my house. Different subject completely !

I apologised to my neighbors for the inconvenience, there was I thought only about 10 houses affected, however it turns out I cut off "half of Swords" according to the jobsworth ! Their insistence on ignoring me was their downfall. Anyway all is good now so back on topic

Ken