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  • FIRST POST
    • Elinore
    • By Elinore 27th Sep 16, 2:59 PM
    • 75Posts
    • 283Thanks
    Elinore
    Completion day Damage to house !!
    • #1
    • 27th Sep 16, 2:59 PM
    Completion day Damage to house !! 27th Sep 16 at 2:59 PM
    We completed at 12.00 - However the seller’s removals had not turned up so they were still camped out in the house.

    As we are not moving in today this was not an issue at all. The agent was aware we were not moving in but the sellers were flapping.

    We then got a call from our solicitors that the seller’s removals had dropped a sofa from the top floor down three floors (it’s a town house with a large garden/ balcony on the roof)

    Apparently it’s damaged every wall in the stair well from the top floor to the ground and smashed a hole though the bottom plasterboard wall where it had gathered quite a bit of momentum.

    The removals have supplied their insurer’s details but have advised we need to claim through ours and then theirs will reimburse.

    We do have insurance on the new house but I am really reluctant to make a claim on a policy that’s less than a week old, has a 250 excess and will affect our claims history.

    OH is legging it down there now to take photos and meet the removals men, get details, names, number and even vehicle registration just in case.

    The sellers are saying its our house, so our problem.... that cant be the case? They damaged it so it must be down to them or their contractors to put it right?
    Last edited by Elinore; 27-09-2016 at 3:01 PM.
Page 2
    • Hoploz
    • By Hoploz 12th Oct 16, 2:55 PM
    • 3,054 Posts
    • 2,703 Thanks
    Hoploz
    I'm sorry to hear this isn't resolved yet. I think I would have accepted the 500. If the damage is a fist size hole in plasterboard plus dinks up and down the stairs I can't see the repair costing more than this. Have you had a quote from a decorator or handyman?

    Not sure what you mean by not wanting cash but wanting the repair done ... it's unlikely an insurer would send a man along - they would much more likely give a cash amount following quotes.

    I think you're best selecting your own tradesman and using the cash they've offered you to pay somebody who you deem suitable/who you trust to do the job. Or take the money and do it yourself.

    At this point paying for more legal letters may end up costing you a pretty penny not to mention the stress you're continuing to feel.
    • eddddy
    • By eddddy 12th Oct 16, 3:02 PM
    • 3,847 Posts
    • 3,482 Thanks
    eddddy
    We reiterated that we are not looking for a cash settlement but the damage actually repaired.
    Originally posted by Elinore
    That's not a good idea.

    If the seller agrees, they may be tempted to find the cheapest tradesman they can - who might do a botch job. Then the arguments will continue.

    It's much more sensible for you to get quotes from tradesmen of your choice, and then claim a monetary amount from the seller.

    If necessary, you can go on to claim that amount through the small claims court.

    Whichever way you go, it's unlikely that you can reclaim any legal costs from the seller - so be careful about incurring solicitors fees.
    • Elinore
    • By Elinore 11th Nov 16, 2:54 PM
    • 75 Posts
    • 283 Thanks
    Elinore
    and its still dragging on.


    Liability has been admitted by the removals - via the sellers sols and they have promised to contact us to arrange restoration....


    Tumble weed


    No one will give us the removals details to deal directly.


    I have three tradesmen in next week to quote and we will pass that along to the sellers Sols in the hope it will gee everyone along.


    I should mention the damage is fairly extensive and in my very humble opinion is likely to be over 500. We are not sure if the whole stair well will need to be painted (its white and there is no natural break and one of the damaged walls is to the back of the house and is unbroken up to the third storey which would require either scaffolding or a platform ladder affair to paint.) - they have damaged two wooden doors and the snapped one hand rail and gouged another.
    Last edited by Elinore; 11-11-2016 at 3:09 PM.
    • steampowered
    • By steampowered 11th Nov 16, 3:06 PM
    • 540 Posts
    • 469 Thanks
    steampowered
    If you are getting messed about, it is time to call their bluff.

    I am at a loss to understand why the sellers' solicitors are dealing with this if it is the removal companies that say they are liable.

    You can start the legal process rolling for a small claim in the county court. This is very easy to do and you do not need to use a solicitor.

    The first step is to write a formal 'letter before action'. This should clearly set out what you expect to happen and when it should happen by. You should state that you intend to issue county court proceedings if a satisfactory response is not received. You should give a deadline of 14 days for them to respond and resolve the matter (as 14 days is the deadline suggested by the court's Civil Procedure Rules). The letter should be addressed to the person you intend to sue (in this case the removals company).

    If they do not provide a satisfactory resolution within the 14 days, issue a claim online through the moneyclaimonline service (https://www.moneyclaim.gov.uk/web/mcol/welcome).

    Do you know the name of the removal company? If so, that is all you need. You don't need any further details and you don't need any details of their insurance. You just need to know the name of the company and their address (which you can presumably find online).

    If the removal company is insured it is their responsibility to pass the claim to their insurers, not yours.
    • pinkteapot
    • By pinkteapot 11th Nov 16, 3:43 PM
    • 6,107 Posts
    • 7,819 Thanks
    pinkteapot
    The removals company (or their insurer) will be footing the bill. You're happy to deal directly with the removals company. Why in the name of all that is holy is anyone prevaricating over giving you the removal company's name and contact details? It's so bizarre. The solicitors and seller are having to deal with you and pass along messages when you could be sorting it out with the removers directly.

    What are they saying when you ask for the name of the removal company?
    • JimmyTheWig
    • By JimmyTheWig 11th Nov 16, 4:19 PM
    • 11,466 Posts
    • 11,141 Thanks
    JimmyTheWig
    Did any of your new neighbours see the removal vans and know what company it was?
    • HouseBuyer77
    • By HouseBuyer77 11th Nov 16, 4:31 PM
    • 756 Posts
    • 715 Thanks
    HouseBuyer77
    Perhaps just send letter before action direct to the seller saying you will take them to court? You would have thought that if the removal's company has admitted liability they'd be very happy to pass on their details to you rather than getting caught up in the whole thing themselves...
    • Elinore
    • By Elinore 18th Nov 16, 12:21 PM
    • 75 Posts
    • 283 Thanks
    Elinore
    So we asked our sols to pass along our contact details to the seller. (dpa they could not give to us)

    She called and confirmed there had been a miscommunication and she was both aware and happy to put the damage right. Therefore she was livid as she had been told that we had been contacted weeks ago by the removals so thought the matter had been resolved.

    After the seller made a fuss at the removals we had the shift manager and the companies building assessor/fixer attended. I realised straight off this wasn't going to go well when i opened the door and before any introductions he immediately let me know he was very irritated that he had had to park a distance away. Next door had a delivery van blocking the parking bay - he took the time to let me know that he had a word with both my new neighbour and the delivery driver to let them know in no uncertain terms they were being 'kochs'! (I was mortified and had to go and apologise after they left)

    Before i had even fully opened the door to let them in to the house he also said he had been sent along as he had been told he was the manager on this job. He then went on to say he had never been to our house so couldn't have been the shift leader. He wasn't going to allow any works to be done as his team was not the party that damaged the property and he wasn't losing a day on something that wasn't his fault.

    I advised that as he was an employee of the company - who already had admitted liability i didn't expect a delay due to internal issues. his answer - life is hard and no one ever gets what they want.

    While the assessor gave the damage a once over - He moaned that we hadn't informed them we had a dog (I had) i explained the dog was out for the day and the barking dog was the neighbours. He then went off on a rant about how many times during removals he had been bitten by dogs of irresponsible owners. He then pointed at a picture of my small dog and asked why i hadn't got a 'real' dog.

    While i was spluttering over that and trying not to lose my temper the assessor had videoed the damage and confirmed that head office had advised them it was a scuff on a brick wall and some paint needed touching up. So they didn't have the tools for the job anyway and they left whilst moaning about the waste of their time.

    I texted the seller, who was once again mortified, and within 20 mins had arranged for three tradesmen to come quote and her insurance has confirmed they will cover the cost and claim back off the removals. Shes also a partner in a law firm so was quite adamant that she would be taken the matter further with them.

    All three tradesmen have visited so hopefully this will be brought to a resolution.
    Last edited by Elinore; 18-11-2016 at 12:35 PM.
    • pinkpiglit
    • By pinkpiglit 18th Nov 16, 1:25 PM
    • 211 Posts
    • 70 Thanks
    pinkpiglit
    Bleeding heck - sounds like a removal company to avoid at all costs !!!
    • Elinore
    • By Elinore 18th Nov 16, 2:03 PM
    • 75 Posts
    • 283 Thanks
    Elinore
    Now i know their name i looked at their reviews - I have never seen such nasty responses to customer concerns! (admittedly older ones) sort by low ratings.

    But what professional company 'outs' the full name of a customer and accuses them of 'hiding' by using initials to sign off a review!

    http://www.removalreviews.co.uk/

    O P E X

    This being said they have 4 out of 5 score - so i bet it depends on who you get.
    Last edited by Elinore; 18-11-2016 at 2:13 PM.
    • Niv
    • By Niv 18th Nov 16, 2:23 PM
    • 1,331 Posts
    • 1,098 Thanks
    Niv
    Now i know their name i looked at their reviews - I have never seen such nasty responses to customer concerns! (admittedly older ones) sort by low ratings.

    But what professional company 'outs' the full name of a customer and accuses them of 'hiding' by using initials to sign off a review!

    http://www.removalreviews.co.uk/

    O P E X

    This being said they have 4 out of 5 score - so i bet it depends on who you get.
    Originally posted by Elinore
    Did you write a review in the last hour or so or has someone from this forum done it for you??
    YNWA

    Mortgage free by 58.
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