Small claim going through disposal of items in dispute

Gavin83

babyblade41 wrote: »

my claim is also breach of contract

What does this mean exactly?

If it's what I think it means (you're also claiming a refund of the removal fees) you'll likely fail. They completed their contract which was to move the items from A to B.

Ultimately you should be no better or no worse off had the damaged not occurred. Therefore you should be left with 2 pristine (but used) items, or at least the replacement value of them and be out of pocket for the removal fees.

I also agree with waamo again, if the items can be repaired (and more cheaply than replacing them) that should be the avenue pursued. What's the cost of a replacement door for the fridge freezer? The cost of repairing the sofa?

babyblade41

Breach of contract was raised because the removals came out to do a survey and we needed everything moved a few days before completion bar a sofa and a bed .Everything was to go in their storage

This was a large house with a smallholding ,so we could concentrate on moving the animals as it was a long distant move . on completion day

All was agreed in writing.

They arrived on the Friday but only completed half the job as they didn't have anymore vehicles available to finish

Completion day was a nightmare , we had to wait until the rest of the stuff was removed, then clean the house before we even started loading the animals.

We ended up having to leave the pigs until the following weekend as the new people were waiting to move in .

Thankfully they allowed us to leave the pigs as their horses weren't arriving until the following week

Removals unloaded everything into the new house' garage as they got there before us when we needed furniture in the house and boxes in the garage . They said they had a long day and as it was dark wanted to get back .

They'd unloaded before completion had actually taken place (empty house )

It was an awful move .

We can't replace the doors on the fridge as the model is now discontinued even though it was only 8 months old

I am happy to disclose the sale of the item as with a big dent in the front it won't sell for very much in comparison to a second hand one that is in perfect condition

on the small claims form I have given quite a big discount as to buy new would still leave me well out of pocket but accept it would have had second hand value

I will update when I have an outcome .

Their defence is that we had a lot more furniture to move than when they did the survey !! They in fact had a lot less as we were downsizing considerably and sold quite a bit after the survey which I have proof of sale

hollydays

How are they attempting to prove you had more furniture

Gavin83

So when you say you’re suing them for breach of contract what exactly are you suing them for in terms of value? A percentage of the cost?

Did you ask them for a discount based on the experience?

babyblade41

Update

So it went to court this morning... was awarded my claim for breach of contract and for damaged items plus court costs ..so although nervous it went OK and didn't last too long as they didn't provide any evidence .

Thanks for all your help

isplumm

babyblade41 wrote: »

Update

So it went to court this morning... was awarded my claim for breach of contract and for damaged items plus court costs ..so although nervous it went OK and didn't last too long as they didn't provide any evidence .

Thanks for all your help

but have they paid up? Cause until you have the money, I wouldn't be celebrating!

Mark

babyblade41

no they didn't turn up, the judge said I can seize the bank account or something like that... it was more about principle in the end and judge was very empathetic .. Getting the money will probably be more difficult !!