Removals Firm Invoice Dispute
Discussion
I engaged a removals firm I have used previously to move me. Friends had used them and we used them the last time and they were very good.
As I had used them before and partly due to the fact the were busy a price was agreed as the same as the previous charge via emails but I did not sign there forms or receive a formal quote etc as the last time.
Day came and the chap who owns the company and normally does the moves did not attend and instead sent a trainee guy and one of his operatives. Things did not go well this time move took a very long time and they did not ask were stuff went were or ignored the boxes etc and dumped it anywhere. Also they left alot of stuff at my other house which I had to get after they said they had loaded all i asked.
Main issues are:
The have damaged the ceiling of my new house and damaged 3 items of furniture.
The damaged the stairs at my old house.
They took apart my childs bunk bed and lost 5 fixings, they say they have these but keep failing to deliver back.
They damaged my tumble dryer which I have had repaired.
I informed the owner via email of the issues the day after the move. He offered to come round but I was juggling work and the move. I said I was unhappy with the damage and my tumble dryer was being looked at next week and I would advise of the damages bill etc.
When I contacted him again to state my loses a week later and get his insurers he said his insurance would no longer cover the claims as more than 7 days had passed since the move, something never before mentioned.
I agreed £370 inc vat to move us as I paid last time he has sent a bill £370 plus vat this time.
I have complained and sent details and photos of the damage. After a month or so of nothing he has sent an email stating he is will to wipe £50 off my bill and atnd take £320 inc vat.
How do I stand legally as my damages are higher.
As I had used them before and partly due to the fact the were busy a price was agreed as the same as the previous charge via emails but I did not sign there forms or receive a formal quote etc as the last time.
Day came and the chap who owns the company and normally does the moves did not attend and instead sent a trainee guy and one of his operatives. Things did not go well this time move took a very long time and they did not ask were stuff went were or ignored the boxes etc and dumped it anywhere. Also they left alot of stuff at my other house which I had to get after they said they had loaded all i asked.
Main issues are:
The have damaged the ceiling of my new house and damaged 3 items of furniture.
The damaged the stairs at my old house.
They took apart my childs bunk bed and lost 5 fixings, they say they have these but keep failing to deliver back.
They damaged my tumble dryer which I have had repaired.
I informed the owner via email of the issues the day after the move. He offered to come round but I was juggling work and the move. I said I was unhappy with the damage and my tumble dryer was being looked at next week and I would advise of the damages bill etc.
When I contacted him again to state my loses a week later and get his insurers he said his insurance would no longer cover the claims as more than 7 days had passed since the move, something never before mentioned.
I agreed £370 inc vat to move us as I paid last time he has sent a bill £370 plus vat this time.
I have complained and sent details and photos of the damage. After a month or so of nothing he has sent an email stating he is will to wipe £50 off my bill and atnd take £320 inc vat.
How do I stand legally as my damages are higher.
Well they have bashed several pieces of furniture which were not cheap plus missing fixings from £300 bed.
I am mindful they are not a huge company and would be willing to pay something as he has to pay two guys for the day, lorry diesel etc.
Hard to value £65 repair to tumble dryer. He won't take liability for this as they tipped it on its back 180 degrees and water ran in the electrics causing a short.
£1200 display cabinet has two dent/rounded corners and white paint on it where its been banged.
What gets me is that i told him I intended to claim and he didn't advise me that his insurers would not entertain after 7 days he could of warned me I think he has tried to avoid the claim.
£500 wardrobe is warped and won't shut properly
its £370 and he has offered £50
I am mindful they are not a huge company and would be willing to pay something as he has to pay two guys for the day, lorry diesel etc.
Hard to value £65 repair to tumble dryer. He won't take liability for this as they tipped it on its back 180 degrees and water ran in the electrics causing a short.
£1200 display cabinet has two dent/rounded corners and white paint on it where its been banged.
What gets me is that i told him I intended to claim and he didn't advise me that his insurers would not entertain after 7 days he could of warned me I think he has tried to avoid the claim.
£500 wardrobe is warped and won't shut properly
its £370 and he has offered £50
You informed him of your intent to claim, if he didn't comply with his insurers conditions then that is his problem not yours.
I think paying him anything at all will weaken your hand. You need to get repair costs in writing present these to him in a notice of action letter. Then if no response you need to follow up via small claims court. You could add some pressure if they have any online presence by posting an honest review.
I think paying him anything at all will weaken your hand. You need to get repair costs in writing present these to him in a notice of action letter. Then if no response you need to follow up via small claims court. You could add some pressure if they have any online presence by posting an honest review.
I would write and tell him that the damage caused was in excess of the invoice value, but that as a gesture of goodwill you are willing to call it quits. If he threatens to 'go legal' explain that you will then assume your offer to have been unacceptable to him and that you will be counterclaiming for the full extent of the alleged damages (list and cost them for him).
Most remover's insurance policys have a stipulation that any damages have to be notified within 7 days. I assume that this is to stop people coming back months after the event with spurious claims.
However, the requirement is that you need to notify the remover within 7 days, not that he needs to notify his insurers. You have done that.
Normal practice would be for him to then inform his insurers & you would deal direct with them to resolve the claim. Once you are dealing with the insurers you could make a part payment as a gesture of goodwill so that if it goes to court then you could show that you're not just avoiding payment.
The insurance company will often have a requirement that you settle the invoice in full before they pay out but you can do this once you've agreed figures with them.
Check the Terms & Conditions. You may have to pay the excess although most professional companies would do this on your behalf.
Sorry for the rather dull mail but it could save you being out of pocket.
However, the requirement is that you need to notify the remover within 7 days, not that he needs to notify his insurers. You have done that.
Normal practice would be for him to then inform his insurers & you would deal direct with them to resolve the claim. Once you are dealing with the insurers you could make a part payment as a gesture of goodwill so that if it goes to court then you could show that you're not just avoiding payment.
The insurance company will often have a requirement that you settle the invoice in full before they pay out but you can do this once you've agreed figures with them.
Check the Terms & Conditions. You may have to pay the excess although most professional companies would do this on your behalf.
Sorry for the rather dull mail but it could save you being out of pocket.
The "seven days" thing is totally irrelevant.
That is an issue between the removals company and their insurance company. It has nothing at all to do with you.
They either provided the service that they agreed to, or they didn't. If they didn't, then they might, or might not be insured for their losses. This is of no interest to you.
That is an issue between the removals company and their insurance company. It has nothing at all to do with you.
They either provided the service that they agreed to, or they didn't. If they didn't, then they might, or might not be insured for their losses. This is of no interest to you.
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