Removal charges after move fell through

macawslave

Hi,
Last autumn my elderly parents were due to move from Derbys to Mid Wales to be near family for support etc. The day before they were due to travel here the chain broke down and the move was postponed, 6 weeks later the move was off. The removal firm had been booked and paid for, £1200, and were then on stand-by until being told they were no longer required and a refund was requested. I paid the removal firm on my credit card and my parents reimbursed me. Following the stress of the failed move I returned the money to parents expecting the removal firm to refund my money.
Following numerous unreturned phone calls and emails I eventually got an email saying that that we werent entitled to a full refund, a deduction of 60% as it was less than 10 days noticed of cancellation. I found this in a contract clause so I sent my bank details but 2 weeks later I still havent received anything from them.
Is there anything I can say or do that will help me to get my money back. I have poor health and on Incapacity Benefit so Im really struggling to pay my credit card. I dont want to tell the family as we have had enough stress with the failed move.
Thanks in anticipation

cowbutt

I would expect that the contract between you and the removal firm limits their refund liability to 40% of the total (i.e. £480). I would then expect that your parents could claim the remaining 60% (i.e. £720) from the party either side of you that was nearest to the cause of the chain breaking down (and, if they didn't directly cause the breakdown, for them in turn to claim until it eventually reaches the party or parties directly responsible).

Get your parents to have a chat with their solicitor, or do so on their behalf if you have been doing so already.

macawslave

Thank you cowbutt, I'll speak to the solicitor.
However, Im still trying to get what Im owed from the removal firm - any suggestions there?

lincroft1710

macawslave - why not mention removal firm's reluctance to refund to solicitor at same time.

cowbutt - do you know if your idea has ever been tried - if it was a 4 link chain with prepaid removals, it would be v costly for chain breaker.

cowbutt

lincroft1710: Nope, it's just my naïve expectation of how things should work if the world was vaguely fair and compensation for consequential damages is a normal term in real estate sale contracts.

Which probably means it's the exact opposite of what actually happens. :-(

lincroft1710

There is nothing to stop macawslave's parents claiming the remaining 60% balance from next in chain, but I would offer very good odds on them not being successful. If chain broke on parents' sale and contracts had been exchanged then they would be entitled to keep deposit, but it doesn't appear that contracts had been exchanged. Perhaps macawslave can give us more info.