Skip company refusing to pay for damage to property

CumbrianWolf

I am asking on behalf of my mum who is a widowed pensioner.

She had recently been hiring a skip from a skip company whilst work on her back garden was completed.

Yesterday, the skip was collected, and despite her having on file with the skip company that she had a metal manhole cover on her drive (and calling each time to remind them before collection), yesterday a new driver was drafted in last minute, hadn’t got the message and during collection of the skip containing probably a couple of tons of garden waste drove over the cover and it collapsed.

The metal frame to which the cover sits has also cracked and so has the surrounding tarmac, it will need to all be dug out, replaced, new tarmac and a new cover. Easily £500+ with the man hours to fix it. My mum now has a unsafe and unitedly hole in the drive.

The driver said little other that that’s going to come out of my salary and then promptly left to get something to cover the hole and never came back. My mum contacted the company, and the secretary was receptive to my mum, understanding, and seemingly was not in disagreement to my mums thought that that they would need to fix the issue.

45 minutes later she received a call from the company owner manager who has said they do not accept responsibility for any damage occurred on the property, and this is all in their terms and conditions.

My mum has been handed no terms and conditions for the work, has made no signatures against any terms and conditions or waivers against of for a contract of work.

Does the company have a leg to stand on here. Any advice would be greatly appreciated.

We are aware we can seek advice from Citizens Advice Bureau, or look at small claims court proceedings if it came to it. Matters are more complicated as My mum hasn’t renewed her home insurance for the house she owns (not mortgaged) so there is no cover or legal assistance she can/is likely to be able to claim on as the event occurred pre and new cover.

Any advice would be greatly received. My mum is quite distressed.

Aylesbury_Duck

Firstly, make sure it's safe. You don't want a postman or someone falling down it and having another problem to deal with.

Yes she has a leg to stand on if she has a record of her warning the company about the presence of the manhole. If the skip company won't deal with it, send them an LBA warning that if they don't resolve the matter within 14 days you will instruct a contractor to put it right and will take them to small claims court for your costs.

CumbrianWolf

Aylesbury_Duck wrote: »

Firstly, make sure it's safe. You don't want a postman or someone falling down it and having another problem to deal with.

Yes she has a leg to stand on if she has a record of her warning the company about the presence of the manhole. If the skip company won't deal with it, send them an LBA warning that if they don't resolve the matter within 14 days you will instruct a contractor to put it right and will take them to small claims court for your costs.

Thanks

Unfortunately the record of my mum telling them of the manhole has only been made verbally and it is recorded their end. I’m sure now they will deny all knowledge, so really my mum is unlikely to have and evidence of that fact.

Is that a deal breaker and without it they can walk away from any damage stating some terms and conditions (which they haven’t made available and we can’t verify)

a.turner

You could look at it the other way. If the drive wasn't up to it she shouldn't have allowed allowed the vehicle to pull onto the drive and she could be liable for any damage caused.

Barney_Rubble_0403

Does she have any legal cover with her house insurance. Raise a claim and let them fight it out. I would assume that sort of damage would be covered.

davidmcn

a.turner wrote: »

You could look at it the other way. If the drive wasn't up to it she shouldn't have allowed allowed the vehicle to pull onto the drive and she could be liable for any damage caused.

Or to look at it the other other way, a professional driver of heavy vehicles ought to be aware that manholes on domestic driveways may well not bear the weight of his vehicle, whether or not the customer has warned him.

mattyprice4004

Get the recording sooner rather than later - I have fond memories of a frantic CEO office member of staff deleting call recordings before anyone else found out about his balls-up.
I still don’t know what happened to this day!

Manxman_in_exile

Barney_Rubble_0403 wrote: »

Does she have any legal cover with her house insurance. Raise a claim and let them fight it out. I would assume that sort of damage would be covered.

According to OP, mother doesn't have any insurance (:eek:).


OP - is she arranging insurance for the future? The fact she's the outright owner with no mortgage is more reason to have it insured (in my opinion). Should also cover occupier's liability when postie falls down the hole.


Make sure new insurer knows about the hole if it's still there!


EDIT: I'm assuming the hole has been made safe temporarily pending proper repair?

Aylesbury_Duck

CumbrianWolf wrote: »

Thanks

Unfortunately the record of my mum telling them of the manhole has only been made verbally and it is recorded their end. I’m sure now they will deny all knowledge, so really my mum is unlikely to have and evidence of that fact.

Is that a deal breaker and without it they can walk away from any damage stating some terms and conditions (which they haven’t made available and we can’t verify)

Not a deal breaker but not ideal. It reduces the likelihood of her succeeding in any court action.

unforeseen

Why wasn't a manhole cover on a drive strong enough to take a vehicle? The actual weight on the cover even with a full skip shouldn't have caused a manhole to collapse.

The metal frame to which the cover sits has also cracked and so has the surrounding tarmac

To me, that says that it was badly installed in the first place or it was a manhole that was not suitable for installing where vehicles would drive over it. The drive wasn't resurfaced by a bunch of cowboys by any chance

James1968

All that stuff about 'we do not accept liability for damage ' is just guff.

We covered this when i did my English Contract Law A level back in 1998. In Law, they cannot exempt themselves for damage caused by their employees. that's why they have to have employee liability insurance.

My advice would be to get 3 quotes to get the work done, then send them to the skip hire company. If they still won't pay, get the work done, then send the final bill along with notice of intent to take them to Court should they fail to pay.