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House removals and damage to furniture

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  • House removals and damage to furniture

    Following on from my tumultuous house move I need some advice on how next to proceed.

    I arranged for removals to come and have a look at what I needed with my house move.

    It was a large 6 bedroom house small holding and a distance move of 80 miles. We needed most of the house packed up and stored a couple of days before completion so on the day all we needed was 2 sofas and a bed moved first thing on completion day . This was so that we could load the animals up and devote the time to them plus it gave me a few days to clean the house from top to bottom with it empty

    First removal day arrived and was slightly surprised that just a small 7.5 tonne lorry turned up with 3 men. We thought that possibly vans number 2 and 3 were waiting for one to load before coming in. We knew that we'd need a smaller van on completion day as where we were locating was quite a narrow track

    The first van was loaded by about 10.30 , by 11.30 still no one else arrived.The same van finally came about 1.00 and proceeded to be filled but in no particular order. We presumed they knew what they were doing . After about an hour this one was full.. I asked how much longer this would take as there was still a lot to remove. I was then informed that they wouldn't be back until completion a few days later .

    I emailed the company later that day stating that that wasn't what we had wanted and this would make completion day very difficult

    Fast forward to the day itself and it was disastrous . I couldn't even start cleaning as every room had bits left in it and as they had no dust sheets to lay down on carpets (cream ones throughout upstairs) there were muddy footprints everywhere plus all the beds were still in situ so everything had to be hoovered and dusted .

    The removals were then supposed to bring our furniture down that day but due to everything over running we left later than planned but before completion went ahead. I told removals to just load the boxes into the garage and I will deal with them but to put furniture in the right rooms as my husband and I couldn't lift these on our own . This was relayed before I left

    I picked keys up from EA about 3.30 and proceeded to the house . Removals had put everything in the garage and couldn't access the furniture they had delivered as everything was boxed in.
    They told me that they couldn't do anymore as it was 6.00 . We were trying to get the animals sorted as well as sort these people out who had little to no common sense . They said their office had called requesting payment and I said I would pay the balance when the job was completed and that until then I wouldn't pay the final balance

    The following day they took from 11.00 in the morning until 6.00 that evening to deliver the rest as they only had the one van and had to keep going back to their storage 50 miles away , again with no method and everything everywhere, eventually I told them to just put the boxes outside and we would sort it, which they did but also all my rugs, shades etc. So it begins to rain and my husband and some friends had to get everything indoors and we were in a total mess

    They asked me to speak to their office and they wanted an extra 500.00 to be paid for the extra day , at this point I told them that they quoted for a job and it wasn't my fault they didn't have the vehicles or the man power to get it done in time

    The next day there was no way we could get everything out of the garage as it was piled everywhere, we took pics of boxes piled on fragile items just in case so decided to call our local removers to come and collect the furniture and store it until we could get in some kind of order . As we were taking boxes out of the garage to get to furniture we could live without for a few weeks it became obvious there was some damage . An american fridge freezer 8 months old had a big crease down one of the doors , a leather large sofa had a torn edge where it was placed on it's end on concrete , a single divan bed had been ripped on the base and a framed print was leant against a nail protruding out of the garage wall.

    As soon as I could get on the net the following day I asked them for a claims form as I had items that had been damaged and sent them the pics . They totally denied any damage and said it had happened when the second removal company took them away. I told them this was not possible as the fridge freezer wasn't stored and was still in the place it had been left by them (pic provided) but now it had been unburied by us .

    They deny any damage and that if I didn't pay the extra 500.00 by the end of the week they would add interest on a daily basis

    I informed them that I will send a letter before action to their registered office and will proceed to the small claims court.

    Have I done the right thing and how next should I proceed or should I just do the LBA and go through MCOL . Just to add I never signed anything before they left stating that everything was OK

    Many thanks in anticipation

    Tags: None

  • #2
    removers haa

    Presumably you didn't effect a separate policy to cover goods whilst in transit/storage, but have you checked your house contents insurance?
    Some include in transit & storage risks as standard.

    Otherwise what does your contract with the removers state?

    In any event you can claim compensation based on breach of contract as per CRA 2015
    Additionally you might have a claim in common law for breach of their duty of care to you ie negligence

    Comment


    • #3
      Originally posted by des8 View Post
      removers haa

      Presumably you didn't effect a separate policy to cover goods whilst in transit/storage, but have you checked your house contents insurance?
      Some include in transit & storage risks as standard.

      Otherwise what does your contract with the removers state?

      In any event you can claim compensation based on breach of contract as per CRA 2015
      Additionally you might have a claim in common law for breach of their duty of care to you ie negligence
      Thanks Des8 again.. I like to check here before I do anything first . I will go through all the paperwork in a bit and thank you for the breach of contract, hadn't thought of that one

      Comment


      • #4
        Hi BB41,
        So sorry to hear things didn't go to plan with the move. On the positive side you're in! So pleased it all completed in the end and sure the removals company issue will be sorted (if with a bit of fighting!) soon.
        Hopefully you can settle in soon.
        I am a qualified solicitor and am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment


        • #5
          Originally posted by Peridot View Post
          Hi BB41,
          So sorry to hear things didn't go to plan with the move. On the positive side you're in! So pleased it all completed in the end and sure the removals company issue will be sorted (if with a bit of fighting!) soon.
          Hopefully you can settle in soon.
          Thanks Peridot... what a nightmare... just doing the LBA now

          Comment


          • #6
            You've got this. You sorted the land issue and stuck to your guns. Unfortunately you'll probably need to do the same again but there's people here can point you in the right direction if you need it.
            You will get to sit back and enjoy your new home soon
            I am a qualified solicitor and am happy to try and assist informally, where needed.

            Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

            If in doubt you should always seek professional face to face legal advice.

            Comment


            • #7
              Originally posted by Peridot View Post
              You've got this. You sorted the land issue and stuck to your guns. Unfortunately you'll probably need to do the same again but there's people here can point you in the right direction if you need it.
              You will get to sit back and enjoy your new home soon
              Thanks and will ask away.. still trying to get the rest of the keys )PA's say the agent has them and agent say that they don't) and the PA's have removed fitted wardrobes which even though they are in the pics in the agents particulars and they ticked they are included in the F & F forms they deny them being in the property !!

              Once upon a time I would have just let it go , but I'm a little fed up of being walked all over in my dotage .

              I have my big girl pants on at the min

              Comment


              • #8
                Keep those pants pulled up gird your loins and give 'em hell.

                I'd contact the sellers solicitors about the wardrobes particularly as they included them in F&F. Get a quote for new fitted wardrobes so you can give an indication of what the cost to make good is.
                I am a qualified solicitor and am happy to try and assist informally, where needed.

                Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                If in doubt you should always seek professional face to face legal advice.

                Comment


                • #9
                  Originally posted by Peridot View Post
                  Keep those pants pulled up gird your loins and give 'em hell.

                  I'd contact the sellers solicitors about the wardrobes particularly as they included them in F&F. Get a quote for new fitted wardrobes so you can give an indication of what the cost to make good is.
                  Yes I have but their client is denying they were there.. my loins are girdled !!!

                  Comment


                  • #10
                    I am a qualified solicitor and am happy to try and assist informally, where needed.

                    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                    If in doubt you should always seek professional face to face legal advice.

                    Comment


                    • #11
                      So update on this , finally went to court this morning and I won my case... judge agreed with breach of contract , damage to furniture and my costs... thank you all

                      Comment


                      • #12
                        Well done and thanks for the update

                        Comment


                        • #13
                          Thanks Des 8 yes it does help just incase anyone else is in the same boat ..and thanks again

                          Comment


                          • #14
                            Shawn is a spammer, post reported EXC ULA
                            All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

                            Comment

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