Hello - Some help please

[Mafdet]

Hi Everyone

I’m new around here, and the background to my problem is this…..

We moved house in Jan this year after some 28 years in the same place, downsizing into an apartment. We engaged a remover selected from a major website, and because of our advancing years,opted for a full packing and storage service.The plan was simply to make the whole thing as stress free as possible;ironical as it later turned out.

On removal to our new place, we discovered lots of damage to furniture and personal possessions, most of which were treasured and frankly irreplaceable.
The contractor has accepted responsibility for the damage, but to date has not compensated us, claiming tardiness on behalf of their Insurers.

I plan to use MCOL to recover the amount and have had our solicitor send out a ‘pre-action’ letter setting out our claim before commencing action. This evoked a response of a ‘sorry, another admission of responsibility, and blame it on his insurers excuse’ but still no cash!!

On advice, and unless you recommend to the contrary, I intend to seek redress under the Sale of Goods & Services Act for the insurance estimate of loss, together with all,or a proportion of the total removals/storage cost. I also intend to seek a token contribution for all the stress and anxiety caused.Additionally,if practicable I also plan to seek interest on the outstanding amount.

I need help/advice please on

1. in preparing a particulars of claim within the constraints of the 24 lines of 45 characters. Does anyone have a link to a template or example please?
2. Also am I right to claim interest, and if so, from what date does the interest start in this case? from the date the contractor acknowledged the damage, or the date of the Insurance claim?
3. On the basis of their incompetence, is it realistic to seek recovery of the entire removals and storage fee, or a proportion?

Sorry if Ive rambled on a bit , and I guess this needs to be posted to the correct forum. However I can really do with some ‘knowledgeable’ input to help me on my way. I must get a result on this ASAP
Thanks in advance

Mafdet

[Amethyst]

Re: Hello - Some help please

Really I would think the removals company should pay you for the damage and then claim it back of the insurers. Although you'd need to check the terms of the contract between yourself and the removals company with regards to compensation for damages. Did the package include insurance cover against damage? Would you be able to post the text of the letter before action and their response, as presumably your solicitor went through the contracts before sending the LBA.

[Amethyst]

Re: Hello - Some help please

Sorry,missed your questions off ... the 8% stat interest would be from the date of the breach of contract - which would be when the damage occured.

You don't have to complete full particulars on the moneyclaimonline form - you can summarise and send the full particulars of claim on by post within 14 days from submitting the claim. However you should be able to fit the main claim within the space provided as you won't need to produce a full list of the damage claimed for at this stage, particularly as the removal company have already accepted responsibility - have they actually offered to pay just delaying due to their insurance issue?

[Mafdet]

Re: Hello - Some help please

Hi Amethyst
Thanks for your quick response. Yes your assumption is correct the Removers are liable for the damage and are in process of claiming from their insurer, and yes my package did include insurance cover.
I will post the text of the letter and their response which spells out the situation very clearly. Hopefully it will also make my frustration with the situation easier to understand, Do I post it to this forum or will you be moving the thread to another forum?

[Mafdet]

Re: Hello - Some help please

This is the text of the pre-action letter and the reply


Text of Pre-Action letter

Dear Sir,
We act on behalf of xxxxxxxx of xxxxxx and we have been instructed by our clients to write to you with regard to an on going claim that has been made against you in respect of damage and loss caused to our clients furniture and personal possessions which were taken into storage by you between 17th January and 27th February 2014.
The contract which our clients entered into with yourself was a perfectly standard arrangement for your company to pack and remove our client’s belongings from their home at xxxxxxx and take those items into storage until they could be delivered to our client’s new home in xxxxxx.
In your capacity as proprietor of the business trading as xxxxxx you held yourself out as having the necessary skill and knowledge to pack our clients belongings and retain those belongings safely in storage until such time as they could be delivered safely and intact to our clients new home. The contract that our clients entered into with you is governed by the Supply of Goods and Services Act 1982 (as amended) and that Act implied into the contract an obligation on your part to carry out your services with reasonable care and skill. The extensive damage caused to our client’s possessions indicates that you have failed to exercise the relevant degree of care and skill such that our clients have a claim against you for breach of contract and breach of statutory liability.
The circumstances in which our client’s belongings were damaged are such that our clients also allege that you have been negligent in the performance of your duties. You owed a duty of care to our clients to take reasonable care of their belongings whilst in your possession and you failed to do so. Our clients have suffered loss as a result of your negligence and you and your insurers have been provided with the schedule prepared by our clients setting out their estimated losses in the sum of £2,473.20. We understand that these losses have not been challenged by you or your insurers.
Our clients had hoped that the claim that you had presented to your insurers would have been concluded to all parties’ satisfaction long before now. Regrettably this has not occurred and our firm has been instructed to write to you in the absence of any information being supplied either by yourself or your insurers which would indicate to our client that matters are in hand and that a settlement of our clients claim is likely to be made in the foreseeable future. You will understand that the delay being caused in settlement of this dispute is causing both of our client’s unnecessary stress and anxiety which they will ask the District Judge to take into account if Court proceedings become necessary.
Our clients have also pointed out to us that they have paid you in full for your services (£1,570.00) including VAT plus gratuities). If Court proceedings become necessary our clients will ask the Court to refund to them all of the fees that have been paid or a proportionate amount of those fees to reflect the poor level of service which they have been provided with by your company.
You should treat this letter as a pre-action protocol letter prior to Court proceedings being issued. It is our client’s intention to commence proceedings in the small claims Court if there is not a rapid resolution of this dispute. We would expect an acknowledgement to this letter within 14 days with full details to be provided of any outstanding issues that may be causing your insurers to defer settlement of our clients claim. In the absence of a suitable response it is our client’s intention to commence proceedings without further notice and those proceedings will include a claim for damages, return of monies paid to your company and a compensation award for the stress and anxiety which they have suffered as a result of damage caused to their treasured personal belongings including the time and effort which they have spent in endeavouring to resolve their claim.
We shall await your response.
Yours faithfully,

Text of response

In responce to letter referenced: xxxxx in relation to acclaim by xxxxxxxx.

I have forwarded your letter to my insurers in an attempt to speed up a resolution that i accept is well overdue. I am disgusted in the way this has been dragged on. This is our companies first claim, whilst my inexperience in dealing with such has caused some delay, it became apparent to me my insurers were not dealing with this eventuality satisfactory. Following my last conversation with your client i decided to change insurers. I missed a few calls from your client due to vacation and on return assumed a claim had been settled until i received your letter. Making assumptions is not in my nature, however, in disgust at the insurance process didn’t want to contact them and expected this matter to be concluded. I admit fault for your clients loss and have no intention of not settling. I have paid this insurance company a lot of money over a number of years, have heard nothing to suggest they will not settle, just that they are awaiting the claim to be completed. I do not know what to do and will chase them all week. Following this i will inform my solicitors to send them a letter to encourage an immediate conclusion.

Regards