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  • FIRST POST
    • HiltonFarm
    • By HiltonFarm 13th Jul 17, 7:31 PM
    • 10Posts
    • 1Thanks
    HiltonFarm
    Removal company refusing to pay out
    • #1
    • 13th Jul 17, 7:31 PM
    Removal company refusing to pay out 13th Jul 17 at 7:31 PM
    Hi all

    Thank you in advance for your help.

    We moved house in February at a cost of £4,800 (from England to Scotland).

    It was a terrible move, the removals turned up late and had the wrong size van so had to leave items behind such as trees and plants previously agreed.

    Unfortunately the company were stopped by VOSA on the M6 and were deemed over the weight limit. The two vans were impounded for being over weight. One was allowed to go after unloading a third of the items and all but one of the removals team leaving just the driver.

    Unfortunately an addition lorry that they 'borrowed' had a faulty tail gate and all of our belongings were soaked.

    They revived a fine from VOSA and as a consequence arrived over 24 hours late.

    The contract stated that we needed to let them know of damages in writing within 7 days. I discussed this with the removals company and asked them to send an official form. Which they did not. In the end we mailed them with details but this was sadly on the 8th day. There is over £10,000 of damaged items and it is heartbreaking. I concede that other than a text message saying that there are damages we were one day late.

    Today we heard that our claim had been rejected as we were 24 hours late. We also received a solicitor's letter saying that we had obviously damaged the items ourselves as we didn't take their packing service. They agreed to pay for a Christmas tree that they acknowledge they left but nothing else. How full must the vans have been to not even squeeze a Christmas tree on?

    It was a strongly worded solicitor's letter and it has just been the icing on the cake for this saga.

    The claim was submitted on Feb 15th followed by requests for photos and information on the items and now they have rejected it.

    I accept that other than a text we were 8 hours late in submitting the claim however, are they not in breach of context for delivering 24 hours late? We spent a horrible night in our floor in a house with no electric and despite what they say, being impounded by VOSA for exceeding their weight limits is not an act of God. This is what damaged our furniture, not our packing.

    Any advice please?
Page 2
    • HiltonFarm
    • By HiltonFarm 14th Jul 17, 10:57 AM
    • 10 Posts
    • 1 Thanks
    HiltonFarm
    Thank you all.

    It's really interesting about the breach of contract. That would explain the solicitor's letter saying that their client says that we damaged our own furniture and items. We did not use their packing service and this is the basis for their assertion.

    We have witnesses to vouch for the fact that they parked in the dark.

    We also have photos of the soaking wet boxes plus a lamp full of water.

    They are basically denying all wrong doing and blaming us. We have our photos from rightmove that show that the furniture was in perfect condition.

    We can also get the records from VOSA to show that they were stopped, weighed, impounded and fined.
    • Quentin
    • By Quentin 14th Jul 17, 11:55 AM
    • 32,164 Posts
    • 16,246 Thanks
    Quentin
    You say this disaster happened in February.


    You surely need much more urgent action than you seem to be taking.


    Discuss this with a solicitor - they usually will give you a free first consultation!
    • HiltonFarm
    • By HiltonFarm 14th Jul 17, 3:09 PM
    • 10 Posts
    • 1 Thanks
    HiltonFarm
    We only received the decision from the Insurance company yesterday. We have been chasing daily since we submitted the claim
    • Geoff1963
    • By Geoff1963 15th Jul 17, 1:28 AM
    • 656 Posts
    • 410 Thanks
    Geoff1963
    I'd check if your home insurance covers it :
    If it does, they would pay out quickly, then they'd probably ( with your help ) go after the removals company. Take care with any No Claims issues.
    If it specifically doesn't, then that is evidence that the industry-standard is for the removals company to be "in loco parentis" ; like when your children go on a school trip.
    • eddddy
    • By eddddy 15th Jul 17, 12:38 PM
    • 4,836 Posts
    • 4,473 Thanks
    eddddy
    I'd check if your home insurance covers it :
    If it does, they would pay out quickly, then they'd probably ( with your help ) go after the removals company. Take care with any No Claims issues.
    If it specifically doesn't, then that is evidence that the industry-standard is for the removals company to be "in loco parentis" ; like when your children go on a school trip.
    Originally posted by Geoff1963
    'In loco parentis' is a Latin term meaning 'in place of the parent' - and isn't relevant in any way here.

    Any claim against the removal company would be based on 'breach of contract' or 'negligence'.


    The breach of contract angle is mentioned in post #19

    Negligence is "a failure to exercise the care that a reasonably prudent person would exercise in like circumstances."
    Last edited by eddddy; 15-07-2017 at 12:42 PM.
    • Geoff1963
    • By Geoff1963 15th Jul 17, 7:22 PM
    • 656 Posts
    • 410 Thanks
    Geoff1963
    'In loco parentis' is a Latin term meaning 'in place of the parent' - and isn't relevant in any way here.
    I was drawing an analogy with the removals company having responsibility for the welfare of the OP's possessions ; in the same way as a teacher has responsibility for the welfare of the OP's children.

    In terms of text messages being "in writing", this might apply :
    https://en.wikipedia.org/wiki/Contra_proferentem
    It would be for the removals company to state that a text wasn't good enough. The removals company were asking for more details well after 7 days ; so the text was enough to start that, the 8-day email was just the first set of "more details".
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