Removal company refusing to pay out

HiltonFarm

In fairness to the removals company they were very explicit in their terms:
below).
12. Time limit for claims
12.1 If You or Your authorised representative collect the goods, We must
be notified in writing of any loss or damage at the time the goods
are handed to You or Your agent otherwise we shall not be liable.
12.2 Notwithstanding clauses 9, 10 and 11 we will not be liable for any
loss of or damage to the goods unless a claim is notified to us, or
to our agent or the company carrying out the collection or delivery
of the goods on our behalf, in writing as soon as such loss or
damage is discovered (or with reasonable diligence ought to have
been discovered) and in any event within seven (7) days of delivery
of the goods by us.
12.3 For goods which we deliver, You must advise Us in writing of any
loss and damage within seven days of delivery by Us. We may
agree to extend this time limit upon receipt of Your written request
provided such request is received within seven (7) days of delivery.
Consent to such a request will not be unreasonably withheld.
13. Delays in transit
13.1 Other than by reason of our negligence or breach of contract, we
will not be liable for delays in transit.
13.2 If through no fault of ours we are unable to deliver Your goods, we
will take them into store. The Agreement will then be fulfilled and
any additional service(s), including storage and delivery, will be at
Your expense.
13.3 Any transit times quoted by Us are estimated and based upon
information known to Us at the time. Transit times may vary due to
a number of factors outside Our control including but not limited to
changes in sailing or departure dates made by the freight/shipping
company, changes in the routes used by the freight/shipping
company and port congestion. We will advise You of any material
changes to the transit times as soon as We become aware. We
will not be liable for any loss or damage incurred by You as a result
of delays in transit time unless directly attributable to Our
negligence or breach of contract

gardner1

they sound like a cowboy outfit......but cant be because you paid them £4800:eek:

Geoff1963

12.3 For goods which we deliver, You must advise Us in writing of any
loss and damage within seven days of delivery by Us. We may
agree to extend this time limit upon receipt of Your written request
provided such request is received within seven (7) days of delivery.
Consent to such a request will not be unreasonably withheld.

Does a text message count as "in writing" ?

HiltonFarm

It's a good question, I would argue 'yes'

PasturesNew

I'd partially dismiss the 7 days/claim as that's intended for people who randomly put in a claim.

Your traumatic removals experience is well documented and evidenced - their failings can be seen and so you're not "somebody taking a chance to claim for a random bunch of items after X days"...

I doubt, on the balance of evidence, that there's much weight put on times/dates and cutoffs as your situation was exceptional.

HiltonFarm

Thank you PasturesNew

How do I follow it up? Insist with insurance company or go down the small claims route?

Quentin

if you have insurance cover for this on your own then of course claim for it, though you cannot claim off the removal company's policy.


If not, then you do need to train your sights on the removal firm.


And getting legal advice might be worthwhile in view of the sum involved

eddddy

Based on the Consumer Rights Act 2015, it sounds like you may have a good case for claiming breach of contract...

• You had a consumer contract with the removal company - they contracted to provide a removal service.

• The Consumer Rights Act adds implied terms to every consumer contract (i.e. the law adds specific terms to the contract, even if they are not written in the contract.)

• One of those terms is that Services must be performed with "reasonable care and skill".

• It sounds like the removal company did not perform their service with "reasonable care and skill", therefore they are in breach of contract.

• These are statutory terms, the removal company cannot avoid them.

• You have up to 6 years to claim damages for breach of contract.

• Your claim for damages is against the removal company, not their insurers.

More info here: http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange#services

csgohan4

name and shame them

HiltonFarm

Thank you all.

It's really interesting about the breach of contract. That would explain the solicitor's letter saying that their client says that we damaged our own furniture and items. We did not use their packing service and this is the basis for their assertion.

We have witnesses to vouch for the fact that they parked in the dark.

We also have photos of the soaking wet boxes plus a lamp full of water.

They are basically denying all wrong doing and blaming us. We have our photos from rightmove that show that the furniture was in perfect condition.

We can also get the records from VOSA to show that they were stopped, weighed, impounded and fined.