We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Might have to go Bankrupt because of a claim bought against me :(
Options
Comments
-
be interesting to see what manual handling training the driver received from his company.
http://www.midlandpallettrucks.com/article.asp?article=What%20Training%20Should%20Be%20Given%20To%20Employees%20Before%20They%20Are%20Allowed%20To%20Operate%20A%20Pallet%20Truck?&p=670 -
Another interesting article. Would just say, we regularly move pallets weighing over a ton and they really aren't hard to shift, so it is a case of health and safety gone mad. The worst muscle tear I had was twisting sidewards at the table for a bowl. Compare this to the fact I have moved things that would contravene every regulation known to man without as much as a twitch. One point in the article is that these injuries can be compounded over a long time.
http://www.forklift-driver.com/index.php/tips-a-advice/entry/how-safe-are-your-hand-pallet-trucks0 -
Hey Mouse1812/capeverde/debt doctor,
Thanks for the advice you've given, I'm still a bit clueless as to how to start it all, I looked at then van companies defence, and they go through each point which they have been accused and deny each one individually with there reasons for why, is this basically what I need to do?
I have a friend (who has some knowledge of law) who will hopefully will be able to use what information you have all given me.
I've uploaded the job sheet with this post as well:
Any more information or advice any of you could give me would be really appreciated.
Thank You!0 -
Hey Mouse1812,
In answer to the questions you have asked:
What was the contract between you and the van hire company? Why did the driver help? Was it part of his job to secure the load?
I have no contract between myself and the van company (I must have binned that a year or two ago).
The driver helped because we asked at the time of booking if the driver could help us to put the chairs into place with a pallet truck in the van and to also secure the load with ropes etc and they said that was fine. Yes it was part of his job to secure the load.
Here is an upload of the training they give to drivers (it was within the documents I have received)
Were any of the chairs stacked on top of each other?
No, none of them were stacked on top of each other.
how can a driver not be insured to drive off the premises?
I have uploaded the following documents from there insurers to help explain:0 -
I'm still a bit clueless as to how to start it all, I looked at then van companies defence, and they go through each point which they have been accused and deny each one individually with there reasons for why, is this basically what I need to do?
Yes - do exactly that in the same order that they appear in the claim..0 -
What was the contract between you and the van hire company? Why did the driver help? Was it part of his job to secure the load?
I have no contract between myself and the van company (I must have binned that a year or two ago).
The driver helped because we asked at the time of booking if the driver could help us to put the chairs into place with a pallet truck in the van and to also secure the load with ropes etc and they said that was fine. Yes it was part of his job to secure the load.
Here is an upload of the training they give to drivers (it was within the documents I have received) We also have the Job Sheet from your previous post
OK, let me reword the first question. “What was the contract...?” means what was the agreement - what did they agree to do for you in return for payment? All such agreements, which can be verbal (not in writing), are “contracts”.
I think however the job sheet answers my question, it is quite clear. Under “Special Instructions” it reads “Deliver dental chairs to” .... “ensure sack cart + Pallet truck is taken + ropes, chairs on pallets”
Now why would the driver be told to take a sack cart, pallet truck and ropes?
The training instructions clearly state drivers would be taught and “expected to use” such items. Indeed these instructions also state “all drivers will be responsible for the safety of themselves”.
The only conclusion which can be drawn is that the van hire company expected the driver to ensure the load was correctly positioned and secured. He was specifically instructed to take the correct tools and equipment to achieve this. He had been trained to do so, it was a requirement of his employment.
While you say you asked for this, the job sheet provides clear documentary evidence that you are telling the truth. The training instructions also make it clear that it was a normal part of the drivers job.
So, not only was it his normal job, it was also clearly part of the contract which you had with the van hire company. They instructed their employee to do it, their employee who they had trained. This is not about you asking the driver to do something “extra” once you were out loading the chairs. Accordingly I can not see how liability can be transferred to you.
The driver was employed and trained by the van hire company, they and they alone are solely responsible for this.
Be clear about that - there was no variation (change) to the contract.0 -
Nothing to add however i searched and got this list of places where free legal advice is on offer. http://www.lawworks.org.uk/list-of-lawworks-member-clinics#clinics_london.
There are lots of uni's there who offer a fair bit of support in order to get their students involved in real cases whilst being advised by professional lectures so a good service is on offer. HTH and good luck0 -
Mouse1812, I know you are trying to be helpful but the OP really needs to consult a solicitor. Your advice is "textbook", but that rarely translates well into the courtroom. Before advising further, think about what the OP has to lose - your goodwill could lead to massive losses.0
-
mynameistallulah wrote: »Mouse1812, I know you are trying to be helpful but the OP really needs to consult a solicitor. Your advice is "textbook", but that rarely translates well into the courtroom. Before advising further, think about what the OP has to lose - your goodwill could lead to massive losses.
The OP has already told us that he can not afford to consult a solicitor, can't get legal aid. CAB were unable to help and his Insurance Company refused to get involved.
He clearly does not know where to start and has asked for help. His defence has to be in tomorrow.
Walk by if you like, I'm staying.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.6K Spending & Discounts
- 244.1K Work, Benefits & Business
- 599K Mortgages, Homes & Bills
- 177K Life & Family
- 257.4K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards