Franchise

[saljo]

Good day,

A franchised drain cleaning company has caused damage to our property.

They are not responding to requests for payment of our losses despite evidence, photos, invoices, and a formal
Notice to Pay sent to their head office.

If we have to raise a Money Claim Online do we have to issue this to the head office or individual franchisee?

Any insights appreciated.

saljo

[echat11]

How did you pay?

[saljo]

Thanks for your quick reply. No payment was made. The drain clearance co came to the property to clear a toilet blockage and, in the process, broke the toilet. At their request a local plumber supplied and replaced the toilet and found the blockage in the 'S' bend. I paid his reasonable invoice. Unfortunate for the drain company but, in my view, an occupational risk and their liability. saljo.

[echat11]

O.K. so they broke the toilet, that's been replaced, so what damage exits now?

[saljo]

Hi again. The damage has all been fixed at my cost. Under the Consumer Rights Act I believe the drain company should reimburse my costs; they caused the damage and they have accepted liability.
As they have failed to pay and now don't answer my emails, my question is do I proceed against the company via their head office or, as they are a franchise, against the local franchisee? saljo.

[echat11]

Hi again. The damage has all been fixed at my cost. Under the Consumer Rights Act I believe the drain company should reimburse my costs; they caused the damage and they have accepted liability.
As they have failed to pay and now don't answer my emails, my question is do I proceed against the company via their head office or, as they are a franchise, against the local franchisee? saljo.

Your claim would be against the local franchisee, they will have Terms and Conditions, go through them.

I doubt that the Head Office would pick up the 'tab' for damages by a 'Franchisee', if that was the case the 'Franchisee' would have no liability.

Lodge a written complaint to the Head Office first, they may have a word with the 'Franchisee' to help move things along for you.

[atticus]

I agree: your claim is against the franchisee, the people who did the damage.

[saljo]

Thanks Echat11 & Atticus,

A formal complaint was sent to Head Office; they passed it on to the franchise. Everything is handled by email/phone and, other than HO, there are no published addresses for the franchise and no telephone number I can find for the HO. This is partly the reason I raised the question as to who to pursue.

I should be able to find the franchisee address and will take it from there.

Once again thanks for your help - this is a great resource.

saljo.

[PallasAthena]

Ask the HO for the name and address of the company operating the franchise. There's no legitimate reason why they shouldn't tell you that.

[echat11]

There might be a Dispute Resolution Scheme, check if one exists. Court is seen as a last resort by the Courts.