I’m fuming that a farmer lets nettles block the access behind my property – whose responsibility is it to clear them?
Judge Rinder - The Sun's legal expert
Q: THE rear of my property backs on to a field through which I have the right of reasonable access.
Currently, access is not possible due to very high thick nettles on the route. My question is: Who has responsibility to keep access clear, myself or the farmer?
Mick, Devon
A: It appears that you have a right of way over the farmer’s land. This is called an easement which is a legal right to cross or use someone else’s land for a specified purpose. Easements like this may be recorded on your property deed and can often be found on the Land Registry database. I would check this as a matter of urgency.
Whether the easement is recorded or not, there appears to be no dispute that you are entitled to “reasonable access” to the field so the farmer is, in all likelihood, legally responsible to remove the nettles (or any other obstacles) that prevent you from getting on to it.
I would speak to the farmer in a non-confrontational way and ask him to remove the nettles. Even though he may be financially liable, you might also consider offering to contribute something to resolve this. You want to avoid court in a case like this at all costs.
Q: I AM an 85-year-old pensioner. I was paying £28 per month to my internet service provider, then in January my contract ended.
The company did not send me a reminder that this was happening and I had forgotten. It then took £65 from my bank on February 28 to renew the contract.
I complained and was told another £32.04 was due for February, which I paid. I then agreed to pay £35 per month for the same service, but the next letter said it would be £45.
I told the company to cancel this and I refused to sign for its equipment which turned up in the post. I then paid an engineer £20 to disconnect me in March.
I have now received a letter from a debt recovery service saying I owe more than £140. Can this be right? What can I do?
Geoffrey, Yorkshire
A: Your internet provider is required by law to ensure that you have understood and agreed to everything before it starts sending you bills. It clearly hasn’t done this.
It did not send you a renewal letter, its charges don’t seem to make any sense and you have effectively terminated the contract by refusing to accept the new equipment. It may be that the firm has sent you correspondence (either by post or email) that has been lost or, possibly, you have entered into an original contract for longer than you thought – you need to check. Often these cases are dealt with by customer services teams as opposed to anyone with any legal knowledge.
I would write to the debt recovery service and the internet company by email making clear that you do not accept these charges and that you wish to dispute them.
Tell them you will be referring this matter to the Communications Ombudsman who are, by the sound of it, very likely to assist you.
Breaking bad
Q: MY car broke down last week and I called a breakdown service. The mechanic said he could repair the problem easily so I agreed to his suggestion but he put screws in the wrong place, damaging the car further. I had to book into a hotel as I couldn’t get home that night and pay £567 to fix the car the next day. The breakdown service won’t take responsibility and pay back the money. What should I do?
Martin, Birmingham
A: This isn’t straightforward. The breakdown service was only responsible to do its professional best to restart your car. This mechanic appears to have been negligent, meaning you couldn’t get home. If you can prove this, the recovery service may be liable for your hotel costs.
However, the recovery firm will only be responsible for the cost of fixing the damage resulting from work of its negligent mechanic, not the total price of fixing your car, as you would have had to pay this in any event.
Ask the mechanic who fixed your car what it cost to sort out the damage from the screws, then write to the recovery company adjusting your claim.
You can’t get all £567. Make clear you want a refund for this and the cost of your hotel too. Threaten to take them to the small claims court.
- Judge Rinder regrets he cannot answer questions personally. Answers intended as general guidance. They do not constitute legal advice and are not a substitute for obtaining independent legal advice.
Mel Hunter - Readers’ champion on fighting for your rights
Q: I BOUGHT a fridge freezer in November 2017 for £400. It broke down in April this year.
I contacted Hotpoint who told me the callout charge would be £119, but it would be free if I took out insurance for £9.99 a month.
I took out the policy with Domestic & General, but when an engineer came he said he’d have to order the part. A second engineer had the part but found it was not complete. A third engineer still didn’t have the right part.
Because of the delays, Domestic & General told me I would get a replacement, but three days later they said the policy did not allow for that.
PATRICIA Stone, Basildon, Essex
A: A fault on your fridge within 18 months of buying it isn’t acceptable.
But the runaround you were given when you tried to get it fixed was even more frustrating.
You’d paid for the insurance, assuming everything would be resolved quickly, but instead had to wait in for a stream of Mr Fix-its who didn’t come with the right kit.
I got on to Domestic & General who then agreed the right way forward would be to replace the appliance. The appliance insurer told me: “We are sorry that Mrs Stone has had a bad experience with us.
“While we were not directly responsible for the delay in the replacement of a particular part of Mrs Stone’s fridge freezer, we have raised her concerns with our appliance partner and a satisfactory outcome has now been found.”
Hotpoint were unavailable for comment when I tried to contact the firm.
Q: EDF has advised me I owe it £2,972.10 for my gas and electricity.
I have emailed the firm saying I don’t agree with this amount but keep getting the same reply saying to send a picture of readings or to submit the reading. But I am disabled and I don’t know how to read the meters.
I was told someone would come out and check them every three months. This has not happened.
Angela Day Gillingham, Kent
A: Once I got involved, EDF responded brilliantly. Within two days it had thoroughly investigated, noting the reading given by your son when you moved provider had the decimal point in the wrong place. The firm admits it should have picked this up, especially when it sent its own engineer to look at your meter a few weeks later.
EDF contacted your previous provider, the now defunct Extra Energy. The readings it had kept helped calculate a new bill showing you owed just £170.
In the last few days EDF has fitted a smart meter so it can take your readings electronically.
A spokesperson told me: “We were provided with an incorrect opening meter reading and subsequently estimated her consumption based on this.
“We apologise that we did not identify the issue sooner and have added a £75 goodwill payment to Ms Day’s account.”
- Do you have a consumer issue? Email: readers.champion@mcb777.site