Here's an odd WWYD?

[Poohforyou]

I would be livid and not only would everything be free, but they would be replacing the ten year-old baby oak with another ten year-old baby oak.

Exactly.

 

[happygirl]

I would expect them to replace the oak tree, but I wouldn't expect them to finish the other work for free. If they fix their error I'd be satisfied. You'll be back in the position you originally were in finding someone to get rid of those dead trees and you can go with the company you wanted to use.

I agree with this

 

[horseshowmom]

http://www.judgejudy.com/submit_your_case

I would expect them to replace the oak tree, but I wouldn't expect them to finish the other work for free. If they fix their error I'd be satisfied. You'll be back in the position you originally were in finding someone to get rid of those dead trees and you can go with the company you wanted to use.

Legally, I think this is all you can expect to happen, but I do think this is what you are entitled to. They clean up from the tree they did cut with the "baby" tree and replace that oak with a similar one in size. If they refuse, there's always small claims court, filing a complaint with the BBB, and Uncle Remus's suggestion!

 

[phorsenuf]

Any update?

 

[jenlynn0808]

 

[Kitty 34]

Hi guys.....sorry it's been awhile for an update.


DH called near noon. (I listened in on another phone but didn't dare say anything)

OMG....the guy said he knew he was in the wrong for coming onto our property without our permission but quickly said he thought he was doing us a favor by showing up a week early to get the job done!

He said a bunch of other stuff but probably the best one was he told my DH he thought his wife (me) was worried about the Grandfather Oak (a 170 yr old tree about 50 feet from the cedar-baby oak), not the baby. Yeah right! DH is a quiet guy and didn't fight this, even tho DH and this guy were totally discussing the baby oak the day of the estimate and how they could take the Cedar down without harming it.


And finally.......DH was adamant about the guy replacing the baby oak and the guy said no problem but he would add at least $300 to our bill and NOT take off the price of removing the cedar/baby oak like he said yesterday!! So when (if we decide for them to come out and finish the entire job) it would cost us not $600 for these trees to come down but near $1,000.

I told DH we would just go with another tree removal for the other 3 dead pines and call it good.

It's just so frustrating esp when this guy and his company, I feel, are SO in the wrong!!


Uncle Remus......thanks for that link!!!

 

[Poohforyou]

Hi guys.....sorry it's been awhile for an update.


DH called near noon. (I listened in on another phone but didn't dare say anything)

OMG....the guy said he knew he was in the wrong for coming onto our property without our permission but quickly said he thought he was doing us a favor by showing up a week early to get the job done!

He said a bunch of other stuff but probably the best one was he told my DH he thought his wife (me) was worried about the Grandfather Oak (a 170 yr old tree about 50 feet from the cedar-baby oak), not the baby. Yeah right! DH is a quiet guy and didn't fight this, even tho DH and this guy were totally discussing the baby oak the day of the estimate and how they could take the Cedar down without harming it.


And finally.......DH was adamant about the guy replacing the baby oak and the guy said no problem but he would add at least $300 to our bill and NOT take off the price of removing the cedar/baby oak like he said yesterday!! So when (if we decide for them to come out and finish the entire job) it would cost us not $600 for these trees to come down but near $1,000.

I told DH we would just go with another tree removal for the other 3 dead pines and call it good.

It's just so frustrating esp when this guy and his company, I feel, are SO in the wrong!!


Uncle Remus......thanks for that link!!!

Why would you even consider paying this company?!! He said he knew he was wrong doing it without your permission. I think it's time to consider Small Claims Court.

 

[MnMomtoboys]

ARe you saying your dh let him off the hook?

 

[PrincessShmoo]

Hi guys.....sorry it's been awhile for an update.


DH called near noon. (I listened in on another phone but didn't dare say anything)

OMG....the guy said he knew he was in the wrong for coming onto our property without our permission but quickly said he thought he was doing us a favor by showing up a week early to get the job done!

He said a bunch of other stuff but probably the best one was he told my DH he thought his wife (me) was worried about the Grandfather Oak (a 170 yr old tree about 50 feet from the cedar-baby oak), not the baby. Yeah right! DH is a quiet guy and didn't fight this, even tho DH and this guy were totally discussing the baby oak the day of the estimate and how they could take the Cedar down without harming it.


And finally.......DH was adamant about the guy replacing the baby oak and the guy said no problem but he would add at least $300 to our bill and NOT take off the price of removing the cedar/baby oak like he said yesterday!! So when (if we decide for them to come out and finish the entire job) it would cost us not $600 for these trees to come down but near $1,000.

I told DH we would just go with another tree removal for the other 3 dead pines and call it good.

It's just so frustrating esp when this guy and his company, I feel, are SO in the wrong!!


Uncle Remus......thanks for that link!!!

Just chiming in with my .02 cents. I'm really sorry you're having this issue. I hope you pursue it and get your baby oak (no charge). I'm kinda hoping that you recorded him saying "he knew he was wrong coming onto your property without permission".

Beyond that, how can he say he was doing you a favor by coming a week early? You didn't have a contract with him, specifying dates or anything, did you? It sounds like you didn't sign anything.

I hope you find a more responsible tree removal company. We just had a giant tree removed from our yard. We went with the second company that we had come out and they were wonderful.

Keep us updated on your progress.

 

[maccagerl]

I think your next step would be to send a certified letter to the tree company stating that they came onto your property and did work without permission,that they took down a tree that you expressly stated you did not want taken down during your conversation about the estimate, and that you want them to replace the tree they mistakenly took down.
If you get no response, then I would take them to small claims court.

I had some neighbors in back of me that deliberately cut down several tall, thin trees in a wooded area of my backyard.
I sent them a letter, and received a response, but they refused to pay for the damage.

So I filed a claim in small claims court. Surprise, when I arrived at court they were there with a representative from their homeowner's insurance company, and they ( their insurance company) paid me the amount I was asking for right then and there.

I wouldn't be surprised if the company's insurance would cover this.

I would not drop this!

Good luck!


OH, be sure to take photos of the tree they cut down, also if you have any photos of the tree before they cut it down , I would put those aside as well.

 

[horseshowmom]

I think your next step would be to send a certified letter to the tree company stating that they came onto your property and did work without permission,that they took down a tree that you expressly stated you did not want taken down during your conversation about the estimate, and that you want them to replace the tree they mistakenly took down.
If you get no response, then I would take them to small claims court.

I had some neighbors in back of me that deliberately cut down several tall, thin trees in a wooded area of my backyard.
I sent them a letter, and received a response, but they refused to pay for the damage.

So I filed a claim in small claims court. Surprise, when I arrived at court they were there with a representative from their homeowner's insurance company, and they ( their insurance company) paid me the amount I was asking for right then and there.

I wouldn't be surprised if the company's insurance would cover this.

I would not drop this!

Good luck!


OH, be sure to take photos of the tree they cut down, also if you have any photos of the tree before they cut it down , I would put those aside as well.

I have to agree, but I will say that your husband should have corrected him when he started talking about "your wife wanting...".

If the guy was to the point of saying that it would cost you more, he wasn't being told what he needed to be being told. Dancing around the issue won't get it solved. I would be polite but blunt. I would guess this isn't the first time this guy has bullied somebody into a job.

Only you can decide what is best for you though.

 

[Kitty 34]

I think your next step would be to send a certified letter to the tree company stating that they came onto your property and did work without permission,that they took down a tree that you expressly stated you did not want taken down during your conversation about the estimate, and that you want them to replace the tree they mistakenly took down.
If you get no response, then I would take them to small claims court.

I had some neighbors in back of me that deliberately cut down several tall, thin trees in a wooded area of my backyard.
I sent them a letter, and received a response, but they refused to pay for the damage.

So I filed a claim in small claims court. Surprise, when I arrived at court they were there with a representative from their homeowner's insurance company, and they ( their insurance company) paid me the amount I was asking for right then and there.

I wouldn't be surprised if the company's insurance would cover this.

I would not drop this!

Good luck!


OH, be sure to take photos of the tree they cut down, also if you have any photos of the tree before they cut it down , I would put those aside as well.

I like this idea....that way things are written down. I wish I could have some how taped that phone call, PrincessShmoo but I don't think we have that ability.

As far as my DH talking with the guy or even answering him........It was hard to get a word in!! The guy was talking WAY fast, totally beating around the bush and twisting info all around. DH is mild manner but it would have been hard to stop this guy in midstream!!

That's why I like the certified letter approach.

How does small claims court work, btw? Do you have to get a lawyer and all that?

 

[Poohforyou]

I like this idea....that way things are written down. I wish I could have some how taped that phone call, PrincessShmoo but I don't think we have that ability.

As far as my DH talking with the guy or even answering him........It was hard to get a word in!! The guy was talking WAY fast, totally beating around the bush and twisting info all around. DH is mild manner but it would have been hard to stop this guy in midstream!!

That's why I like the certified letter approach.

How does small claims court work, btw? Do you have to get a lawyer and all that?

This should help you understand small claims court in Michigan:

http://courts.mi.gov/Self-help/center/casetype/Pages/SmallClaims.aspx

A lawyer can't go in with you so unless you have a lawyer friend who'd help guide you from the sidelines for free it isn't worth paying one IMO.

 

[ironpig70]

Wrong. It's hornbook law that oral contracts are enforceable. You need to have more information before you can say there was no contract here.

Sent from my SCH-I800 using DISBoards

You are correct that an oral contract is valid but very hard to prove an oral contract. It comes down to a he said/she said argument in court thus why everything is in writing these days.


Personally I would not pay and make them replace the tree they took out.

 

[maccagerl]

You are correct that an oral contract is valid but very hard to prove an oral contract. It comes down to a he said/she said argument in court thus why everything is in writing these days.


Personally I would not pay and make them replace the tree they took out.

If you go to your local court they will give you filing papers and information on how to proceed in small claims. I think there is a small filing fee, but you get that back if you win your case.

Bring a notebook with all your points that you want to make written down. You want to be clear and concise and not overrun with emotion and anger.

Bring as much evidence as you can- photos of the tree before and after, the message left on your phone ( if it's on your cellphone just bring the cellphone) , any correspondence with the tree company, proof that you sent the certified letter and a copy of it, estimates from the other tree companies to show that you didn't hire the first one during that first estimate, an estimate from a nursery stating the cost of planting a new tree, any witnesses that heard any of the conversations/estimates.

Don't let this guy get away with what he did!

Oh, and I wouldn't those pines taken down until this is resolved.

Good luck!

 

[BillSears]

I told DH we would just go with another tree removal for the other 3 dead pines and call it good.

Sometimes you have to pick your battles. At this point I'd consider it done and over just to get this whole thing finished.

Yes you could go after the other guy but since it seems it would cost about $300 to get the tree replaced I wouldn't bother. I don't think it would be worth my time and aggravation. But I would be posting on a FACEBOOK page, YELP, and Angie's list if the bad company has listings there.

 

[FayeW]

Sometimes you have to pick your battles. At this point I'd consider it done and over just to get this whole thing finished.

Yes you could go after the other guy but since it seems it would cost about $300 to get the tree replaced I wouldn't bother. I don't think it would be worth my time and aggravation. But I would be posting on a FACEBOOK page, YELP, and Angie's list if the bad company has listings there.

The point is, it shouldn't cost her ANYTHING to get the tree replaced! He had no permission to be on the property, the owners were not present and did not give their consent, and his crew took down the wrong tree! Totally his error and he needs to fix it.

His own voicemail asking for them to call back to confirm the appointment is all the proof they need. Had he waited for them to return the call he would have found out that they were still getting estimates. He didn't wait for the response, sent out his crew, they took down the wrong tree. He is responsible to fix the error. The end.

 

[happygirl]

You should have informed him you were on the line.

 

[BillSears]

The point is, it shouldn't cost her ANYTHING to get the tree replaced! He had no permission to be on the property, the owners were not present and did not give their consent, and his crew took down the wrong tree! Totally his error and he needs to fix it.

Yes it shouldn't cost them anything. Also it shouldn't require going to small claims court. It shouldn't have happened in the first place. It shouldn't require arguing with the tree company....

But we live in the real world and shouldn't doesn't mean that it doesn't happen. To me $300 isn't worth the hassle and aggravation that taking this guy to court would cause.

I know to some people it's the principle and worth doing anything to punish the bad actions of this guy. So the question is what type of person is the OP? Either way is fine but it's up to her to decide.

 

[maccagerl]

Yes it shouldn't cost them anything. Also it shouldn't require going to small claims court. It shouldn't have happened in the first place. It shouldn't require arguing with the tree company....

But we live in the real world and shouldn't doesn't mean that it doesn't happen. To me $300 isn't worth the hassle and aggravation that taking this guy to court would cause.

I know to some people it's the principle and worth doing anything to punish the bad actions of this guy. So the question is what type of person is the OP? Either way is fine but it's up to her to decide.

Sometimes the certified letter does the trick. It lets him know you are serious and it states your concerns and what you need to make this right in a clear and concise way.

Once he gets the letter, he might get his insurance company involved and they will settle with you.

Or, you can get your own homeowners insurance involved, and they will settle with the company's insurance company.

It takes about 15 minutes and about $1.00 to send a certified letter. You have nothing to lose by sending it, and you may end up wiht the issue being resolved in your favor.

Also by pursuing this, he might think twice before doing this to another unsuspecting customer.