Problem with Removal Company and Damage to Furniture

rippers255

Some advice would be grateful.

I moved home around 6 months ago - the removal company subcontracted the work out to another company who cause lots of damage to my furniture.

Both companies have admitted liability. I have photographs of the damage and of how the van was packed in a negligent way - resulting in the damage.

When the move was complete I refused to give permission for the removal company to charge my credit card for the move until the damage was rectified. As currently they were in breach of the Goods and Services Act. Once the damage was rectified they would get full payment. They agreed yet still went ahead to charge the card. I didn't persue this further due in order to maintain relations although little has progressed since.

In brief over the last 6 months I've been told that the subcontractors were claiming from their insurance. Nothing has been forth coming and recently the subcontractors have refused to answer any further correspondence.

The removal company gave them 14 days in a letter before action to pay - without response.

My dilemma is now what to do next. The removal company suggest that they take subcontractor to court for the payment.

My concerns / issues are as follows.

- 6 months have passed without progress and the need to get it rectified asap. Still living with the damaged furniture.

- My contract is with the removal company and their responsibility to rectify the negligent damage.

- Issue over charging credit card without my consent.

Thanks in advance
R

tim123456789

Short of suing them using the small claims process there's not much that you can do. You can also sue the credit card company jointly under "Section 75".

and FWIW you are not allowed in the UK to stop the payment of the bill because you have a claim against the company, so you have no leverage with the card company there.

rippers255

Thanks that is useful. So I suppose my options are to:

1. Wait to see if the removal company successfully sue the subcontractor.

2. Ask the removal company to directly settle (either by direct payment or via their own insurance claim).

dacouch

Who did you pay as your contract is with who you paid, I suspect it the first company eg the company who subbed it out. If so start action against them eg send a letter before action.

Are they a member of the B.A.R or OFT scheme?

rippers255

Thanks.

That's correct I paid the first company.

They've not washed their hands of the situation - they have offered to take the subcontractors to court themselves.

My concern is that this could take a considerable length of time and that the subcontractors may not pay up. More time passed and no further forward.

R

dacouch

Their arrangements with their subcontractor are not your problem.

You need to start claiming from company one for your damages