Damage to clothing claim?

simpywimpy

7 months ago, a passer by got a bit of paint on his coat from our shop window frame which we were painting.

We apologised at the time even though we had signs up warning wet paint and said if he goes to the shop where he bought the Bench coat we would replace it. He came back and said he couldnt find the same one so we offered him £40 compensation.

He left without taking the offer and we heard nothing else until today when he walks in and hands us a handwritten letter threatening court action unless we give him £79.

Now the jacket he had on at the time was a Bench brand, fleece type jacket which we do not believe would cost so much to replace.

Anyone any ideas where we go from here?

Can we ask him to provide us with the damaged jacket or are we liable to pay whatever he asks for?

Thanks for any advice

foxy-roxy

hmm, well seeing as you had signs up then i can't see how you are liable, but Bench jackets are expensive, i even look on ebay for them and they are still expensive.
Am very suprised he just didn't take the £40, as if it were me i would of put it down to my own stupidity of not looking where i was going, he is obviously on the make.
I would write him a letter back detailing how much you are willing to give him and to basically take it or leave it.
Obviously completley up to you what you do but i wouldn't give him what he wants as he will prob do it to someone else next.

pinkshoes

foxy-roxy wrote: »

hmm, well seeing as you had signs up then i can't see how you are liable, but Bench jackets are expensive, i even look on ebay for them and they are still expensive..

Really??? I have one (along with lots of other Bench things) that I got from a retail outlet village for £25!


I would ask to see the jacket (if he's that bothered about it, he would have retained it), and do your own research on getting the paint out, and the cost to replace it.

I would also point out that there were huge signs stating that painting was in progress at the time.

How did he actually get paint on his jacket? Was it splashed on, or did he rub against the paintwork?

lisyloo

If your signs were clear and well placed then tell him to get stuffed.
You aren't liable if you had clear signs up.

simpywimpy

trouble is it is now 7 months ago and he brushed against the woodwork I think as we were painting the windowframes black

McKneff

You are definitely not liable for the damage.

If you are giving him some recompense for the jacket he must produce it for you to dispose of it.

If he does not have it, he has no proof of the damage so just tell hime to jog on.

The paint has probably worn off by now and he's probably been wearing it over the last few months/

If you get proof, ask him which retailer he wants your cheque made payable to.

simpywimpy

Is there a time limit on him coming back to us? After 7 months we had forgotten all about it.

At the time, we wrote on the back of an appt card "replace bench jacket" but didn't sign or anything and as I said, when he couldnt find it we offered him a cash settlement but he never came back until today.

shellsuit

pinkshoes wrote: »

Really??? I have one (along with lots of other Bench things) that I got from a retail outlet village for £25!


I would ask to see the jacket (if he's that bothered about it, he would have retained it), and do your own research on getting the paint out, and the cost to replace it.

I would also point out that there were huge signs stating that painting was in progress at the time.

How did he actually get paint on his jacket? Was it splashed on, or did he rub against the paintwork?

Bench jackets bought brand new (current season) are very expensive.

Can I ask how you know that the signs were huge?

simpywimpy

they were hand written but clear a4 white paper ones

The letter also says he went to the solicitor for advice and they have told him to write to us but the letter is not from them

reehsetin

could he not have had it dry cleaned?

simpywimpy

we would have expected him to either try himself or give it to us to try and get the paint out but after this long, I dont know if he ever did