hire digger had door missing

thebritishbrickie

I recently hired a digger from a builders merchant ,I went back and told them i was not happy with the door missing as it was a security risk, they never came out and repaired it or exchanged it, and it got stolen, now they are taking me to court for the replacement costs,they also didnt check that i had insurance and they didnt tell me i needed insurance.

on their form it has a place where they are meant to put my insurance company name in ,and also company policy number too, this was left bank and also a big box in the middle of the form which was not signed which says;the hirer is responsible for the insurance for the above items.This was not signed, the rest of the form was not signed by me, can i get them on the not fit for purpose act ,sale of goods act etc, as i did complain about the missing door:mad:

pcombo

didn't you keep the digger in a secure building or something.

i presume the police are involved.

shaun_from_Africa

I very much doubt if many people who hire diggers have a secure building suitable for putting one in. This is why they normally come with doors that can be locked.

I would go to court and give the judge all of the facts and make sure that they know that you informed the company that you considered that the digger was at risk before it was stolen and that they failed to do anything about it.
Even if you had insurance I would be surprised if they would have paid out if they were aware that it couldn't be locked up.

bod1467

I know nothing about diggers - does it require a key for it to start? Do (did) you still have it?

Hintza

bod1467 wrote: »

I know nothing about diggers - does it require a key for it to start? Do (did) you still have it?

Yes they have keys but a bit similr to Ford keys of the 70's........ b'useless :rotfl:

dseventy

thebritishbrickie wrote: »

I recently hired a digger from a builders merchant ,I went back and told them i was not happy with the door missing as it was a security risk, they never came out and repaired it or exchanged it

Did you chase them? Did you phone/write?

If it was a risk why did you not send it back?

thebritishbrickie wrote: »

, and it got stolen, now they are taking me to court for the replacement costs,they also didnt check that i had insurance and they didnt tell me i needed insurance.

Its standard industry practice for YOU to check you have insurance and to provide it.

thebritishbrickie wrote: »

on their form it has a place where they are meant to put my insurance company name in ,and also company policy number too, this was left bank and also a big box in the middle of the form which was not signed which says;the hirer is responsible for the insurance for the above items.This was not signed,

But you used the digger didn't you? By using despite all the above you are agreeing to the terms.

It would have been sensible to have it sent back.

Who paid the bill for the hire? Who went in to arrange it?

thebritishbrickie wrote: »

the rest of the form was not signed by me, can i get them on the not fit for purpose act ,sale of goods act etc, as i did complain about the missing door:mad:

You never bought the digger, you hired it. So no.

How long was it after delivery it was nicked and did you use it (despite the door missing).

If it was a while and the answer is yes, I can't see a judge siding with you. You just look like you are trying to wriggle out of it.

D70

Optimist

Digger = a lot of money highly unlikely to be a small claim action. See a solicitor..

pinkshoes

I'd get some legal advice!

How did you contact them when you notified them that there was a door missing?
Did you take photos of the door missing?
What did they say when you contacted them?
What did you ask for?

If you contacted them by phone, then you'll need to get a copy of the phone record.

I'd also write to the hire company, something along the lines of:


Dear <hire company>

I hired a digger on <date>. It was delivered on <date> at <time>, and I notified you (immediately?) that the door was missing, and this was a security risk. I requested <new digger/door to be put on/cancellation of contract> but this was declined.

On <date> the digger was stolen. This was reported to the police on <time/date>.

As I had already notified you of the security risk due to the digger being delivered with a door missing, and you declined to rectify this security issue, I cannot be held responsible for the theft of the digger.

As a gesture of goodwill, I will co-operate with your insurance company so that you can claim the loss on your own insurance. As per the rental agreement, I was not told I would require my own insurance, and I did not sign to state I had the relevant insurance.

Kind Regards,

<you>

Send recorded delivery.

shaun_from_Africa

How did you contact them when you notified them that there was a door missing?

From the opening post it sppears thst the OP went into the depot.

I went back and told them i was not happy with the door missing as it was a security risk,

A lot of these places have CCTV, and if this is the case and you can remember the approximate time that you went back you should ask them for a copy of the recording showing you there.
If they have a recordable system then they are legally required to provide you with a copy of this for a small fee.
Unless it has audio recording it won't prove what was said but at least it will show that you did return.

Originally posted by dseventy
If it was a risk why did you not send it back?

A digger isn't the sort of thing that you could stick in your car and take it back.
The OP informed the hire company of the problem and they failed to rectify it.

pcombo

well your hardly going to keep a digger without a door, in your driveway.

shaun_from_Africa

pcombo wrote: »

well your hardly going to keep a digger without a door, in your driveway.

Which is probably why the OP informed the hire company of the problem and asked them to fix it.
If the OP didn't have a secure place to leave it, what would you have suggested that they did with it?