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Awful removal men

lmm23
Posts: 6 Forumite
Hi All,
Our removal men have damaged lots of our things during removal; but, worse than this, they damaged our old house: in particular, they dragged our piano across the tiled floor, causing long scratch marks. My understanding is that I'm responsible as vendor for the damage, which I should then claim back from the company. Thing is, they bought a van that was too small, and had to go back to the house alone to pick up the piano once the exchange was done. The new owners let them in, only to witness the damage they caused. So, my understanding would be that the new owners granted the removal men a "licence" to enter their property, and so the removal men are directly responsible to the new owners for any damage caused. That said, we contracted them. Does anyone know who should claim?
This question is even more important because the removal men told us they would sort it out directly with the new owners. My fear, however, is that they know that it is me they are responsible to, and are therefore waiting for the new owners to pay for the repairs, seek reimbursement, only for the removal men to say "We're only responsible to the vendors who contracted us."
Any thoughts gratefully received.
Thanks.
Leon
Our removal men have damaged lots of our things during removal; but, worse than this, they damaged our old house: in particular, they dragged our piano across the tiled floor, causing long scratch marks. My understanding is that I'm responsible as vendor for the damage, which I should then claim back from the company. Thing is, they bought a van that was too small, and had to go back to the house alone to pick up the piano once the exchange was done. The new owners let them in, only to witness the damage they caused. So, my understanding would be that the new owners granted the removal men a "licence" to enter their property, and so the removal men are directly responsible to the new owners for any damage caused. That said, we contracted them. Does anyone know who should claim?
This question is even more important because the removal men told us they would sort it out directly with the new owners. My fear, however, is that they know that it is me they are responsible to, and are therefore waiting for the new owners to pay for the repairs, seek reimbursement, only for the removal men to say "We're only responsible to the vendors who contracted us."
Any thoughts gratefully received.
Thanks.
Leon
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Comments
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I would think this one's between your buyer and the removal men.
At the point they went for the piano the buyers were there so completion had happened, so they basically let some guys into their house who subsequently caused damage.
The fact that you contracted the guys out to be there is irrelevant as you contracted them to be there and are not their employer - The house's owner should submit a claim to the people or company that damaged their house, who will then either pay it, get their public liability insurance to pay it, or contest it in which case the owners will need to take them to court.
Although the new owners may not appreciate you washing your hands of it, I don't see that it has anything to do with you at all.0 -
Thanks for this. That would be my guess. I would prefer to sort it, but I don't want to risk not having standing in court, etc., because it wasn't my house - if, indeed, this would be an issue. We're talking costly repairs.0
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I have no legal background, but my thoughts are that the responsibility lays with you, I am afraid. You have the contract with the removers, the new people have no legal comeback on a party contracted by another. If it were me, I would pursue you legally, expecting you to pursue the removal company. Isn't there anything in the contract that commits them to careful handling of your goods?
I only comment as we deal with a lot of rental agreements, which are in effect legal agreements, and we can only ever claim money back from someone we have the legal agreement with, not another party.
Open to other thoughts, though, as stated, this is my opinion, nothing more.0 -
I think morally you should be sorting it out, as they were your removal men and also as your buyers had already been more than accommodating in allowing you to arrange later collection of something very large that really should have been cleared before completion. But legally, I have no clue.Mother, wife, scientist, analyst.
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Removed post!0
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The piano moving was part of the contract you had with the removals men, irrespective of when the task was undertaken. This is between you and the removals men to sort out to the satisfaction of the new owners.0
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The buyers were kind enough to let you leave the piano until your removal men could go back for it.
Legality aside its pretty mean to leave them with the hassle of sorting things out0 -
The removal men were contracted by you = your responsiblity. Surely.0
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jbainbridge wrote: »The removal men were contracted by you = your responsiblity. Surely.
You contract a taxi and minicab when it's driving you somewhere, if your cabbie pranged into someone else with you in the back would you expect the third party to come after you, or your cabbie's insurance (which exists for this exact reason)?
Sure it sucks for the new house owner that their vendor's movers have damaged their house, but that's exactly why these companies have liability insurance, its got nothing to do with the OP.
This is also a practical issue, assuming the removals firm leave it for their liability insurers to deal with the OP would get as far as putting in a claim to the insurers and they'd say "we haven't damaged your property or caused you any loss, who are you and why are you contacting us?"0 -
... its got nothing to do with the OP.
When you sell a house part of the paperwork is to ensure/guarantee that any damage done during removals is paid for by the sellers. While every removal has a few bumps and scratches, mostly overlooked .... this situation is precisely why it's part of the contract. It is contractually the OP's job to put it right.0
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