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Removal company will not pay for damages to property

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  • Removal company will not pay for damages to property

    As tenants we hired a reputable removal company to remove us from a property, To access the property is about 35 steps. On removal day the sack trucks used damaged 28 steps. The letting agency want 11 steps replaced and are withholding our deposit. The removal company are stating the steps weren’t constructed properly and won’t pay the bill of £750. They did access the property prior to removal day. As tenants we are stuck as neither party will budge and all we want is our deposit back. Any help please would be greatly appreciated! Thank you
    Tags: None

  • #2
    Hi Tulip-Sun

    Was there any insurance? Do you have any Legal Expenses insurance attached to any of your financial products?

    Comment


    • #3
      We are tenants so can’t use any insurance as we only have contents insurance which doesn’t cover it. The landlady won’t get involved as the contract is between us as tenants and the removal company.

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      • #4
        What's the name of the removal firm? So I can provide you some relevant info.
        Last edited by echat11; 14th July 2021, 09:36:AM.

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        • #5
          I don’t want to start naming names at this stage - sorry

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          • #6
            So not a lot that can be done to help. Name the company and you might get contact details of someone further up in the company that can handle.

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            • #7
              No quick remedies here I suspect.
              Can you share a copy of the T&Cs between you and the removal company? Especially the sections regarding damages.
              You can redact any sections which identify the firm, but generally speaking this kind of 'publicity' usually works in your favour!
              Their excuse of 'the steps were not built properly' sounds weak as hell and upon first inspection/visit they should have raised this concern and suggested alternative measures such as boarding the steps to protect them. If they do not respond to a couple of well drafted legal letters, you may have to consider issuing a claim against them/their insurer.
              "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

              I am proud to have co-founded LegalBeagles in 2007

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

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              • #8
                Originally posted by Tulip-sun View Post
                I don’t want to start naming names at this stage - sorry
                That's cool, I don't know if the removal company you used is a member of BAR, read section 7 and more importantly section 8.

                All courts expect you to do everything you can to resolve the dispute before you start legal proceedings. So if they are members of BAR, you can use the Arbitration Scheme. I would start investigating that.

                https://bar.co.uk/wp-content/uploads...f-Practice.pdf

                You say 28 were damaged but only 11 need replacing, was there minimal damage to the other 17?
                Last edited by echat11; 14th July 2021, 10:35:AM.

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                • #9
                  Originally posted by Celestine View Post
                  No quick remedies here I suspect.
                  Can you share a copy of the T&Cs between you and the removal company? Especially the sections regarding damages.
                  You can redact any sections which identify the firm, but generally speaking this kind of 'publicity' usually works in your favour!
                  Their excuse of 'the steps were not built properly' sounds weak as hell and upon first inspection/visit they should have raised this concern and suggested alternative measures such as boarding the steps to protect them. If they do not respond to a couple of well drafted legal letters, you may have to consider issuing a claim against them/their insurer.
                  Agree, the 'sack trucks' (with weight) bouncing down steps, will cause damage regardless of how well the steps has been made.

                  Comment


                  • #10
                    Yes they are a BAR member. The letting agents are threatening to take the full amount for the steps repair from our deposit very soon and then we have to try and claim the money back from the removal company. The removal company are willing to give £100 as a goodwill gesture and as tenants we have to pay the rest, BUT we did not make the damage to the property. We can’t afford a solicitor and are concerned if we go to small claims court we may lose and be even further out of pocket. We also live no where near the rented house anymore.

                    the other steps showed minimal damage.

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                    • #11
                      We have also contacted the company who fitted the steps and they won’t provide us with a statement to prove they were made properly. Is it the tenants responsibility to prove the steps were made properly for a property they don’t own?

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                      • #12
                        How did you pay the Removal Company?

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                        • #13
                          Originally posted by Tulip-sun View Post
                          We have also contacted the company who fitted the steps and they won’t provide us with a statement to prove they were made properly. Is it the tenants responsibility to prove the steps were made properly for a property they don’t own?
                          I don't believe it is your responsibility in this instance, but you do have a duty to ensure you/your trades maintain the condition of the property appropriately.
                          This was an issue that was foreseeable by a so called professional company. Follow their formal complaints process and then consider issuing a claim against them directly. It is small claims track so you're not at risk of huge costs if you lose and 89% of such claims go straight to default judgment. Do not be afraid to assert your rights under the supply of services contract you had with the removal company.
                          You may well lose your deposit, that is a separate matter legally, but will be the principle reason for recovering your costs legally from the removal company.
                          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                          I am proud to have co-founded LegalBeagles in 2007

                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                          Comment


                          • #14
                            Debit card

                            Comment


                            • #15
                              The fees for a court claim up to £1000 is £60. If it goes to court then there is a hearing fee of £80. These are reclaimable when you win. As this would be small claims track then you would not be liable for the other sides costs, apart from small amount if you lose.

                              The removal company are the professionals and they should have spotted if the steps were insufficient for the purpose when they surveyed.

                              Comment

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