Removal company wants a cancellation fee even though it was due to COVID 19 hospitalisation

jpwill7675

I am in the middle of moving house.  We have sold our house and are living in temporary accommodation.  We were due to complete the purchase of our new house on the 29th January.  Due to exceptional demand and long lead times (3-4 weeks) we booked with a removal company before we had exchanged contracts.  The company stated it could not hold provisional dates and that we needed to sign a contract to book a slot.  The contract did state the company's cancellation policy in its T&C's.

Just before we were due to exchange contracts our vendor contracted COVID and was later hospitalised for treatment.  I telephoned the removals company and was advised to put the cancellation in writing  to stating the reason was due to COVID "to avoid the cancellation charges". I did this immediately.

Time has passed and fortunately, the vendor has fully recovered (75 year old woman) . Our sale is back on track and  we have reserved a new date for removals.  In the final invoice, due for settlement before the removal date, the company has added a £540 cancellation fee (30%) as the notice was between 5-10 days before the original date booked.  This is a per the T&C's but not what the company had said on the phone and seems unreasonable as it was due to circumstances outside of my control.

I have queried the charge with the company has offered to reduce the fee to £300 "as a gesture of goodwill".  
What would you advise me to do?
Regards,  Jim

Smashingitnow

Did the removal company infect the vendor? Unless so I'm not sure why you'd expect them to take the financial hit. I'd let it go. If you're enraged then it makes more sense to ask the vendor to reimburse you than the removal company.

Tammykitty

As its per the terms & conditions - it seems reasonable - may companies will waive cancellation fees if its due to covid, but they are under no obligation too, and given that house move are limited or on hold for a lot of the last year - the removal company probably hasn't had a very profitable year - so can't afford to be giving everyone free cancellation, but at least you got a little off as a goodwill gesture

unforeseen

I'm guessing the Covid clause in the contract was intended for the person (and their family) who booked them rather than a 3rd party

Aylesbury_Duck

I'd accept the offer and move on(!). In the context of a house move, £300 is minimal and to be honest, I can't see you're entitled to a waiver of the whole cancellation fee.  If you don't accept it and pursue it further, they may remove the goodwill gesture.

2021BJ

jpwill7675 said:

Our sale is back on track and  we have reserved a new date for removals.  In the final invoice, due for settlement before the removal date, the company has added a £540 cancellation fee (30%) as the notice was between 5-10 days before the original date booked.  This is a per the T&C's but not what the company had said on the phone and seems unreasonable as it was due to circumstances outside of my control.

Well, it was outside of their control too. As others have said, why should they take the hit?

I suspect if the shoe was on the other foot and they cancelled because one of the movers was ill with COVID you'd be looking for compo, or demanding they find someone else to do the job. After all, it wouldn't be your fault that their staff member got ill.

As has already been mentioned, if you have a claim against anyone it's the vendor.  Although perhaps demanding £500 from a 75-year-old pensioner who has just recovered from COVID might be a little bit off.

jpwill7675

Thanks for all the feedback.  Its genuinely useful to get some objective views.  I am going to accept the reduced cancellation fee and move on.

Voyager2002

Is the loss insured? Many of the larger removal companies include (or strongly recommend) insurance to cover additional costs due to delays in the move and so forth.

I am struck that the cancellation charge was for less than ten days' notice and yet you had not yet exchanged. It seems to be fashionable now to have exchange and completion very close to each other, but an interval of perhaps a month allows longer time for all these arrangements to be made with certainty.

sheramber

A month would risk someone  contracting  covid and  unable to move  out at completion.
That s why exchange and completion are generally close to each other at the  moment.

Jeffaroo

I don't know if they're really liable for anything said over the phone if the policy was listed in the T&Cs. I would probably follow up with them about the conversation you had regarding avoiding the cancellation fees though. They did still say it and any reputable business should stick by that if that's what they communicated to you. Like I said though, they probably don't have any legal obligation. You can try contacting one of the organizations listed in this article https://threemenandatruck.net/avoiding-rogue-movers-and-scams/ if you want to try to take a step further and put some pressure on them. If I were in your shoes, I'd probably just take the discount they offered after the fact. 

poppy12345

Jeffaroo said:

I don't know if they're really liable for anything said over the phone if the policy was listed in the T&Cs. I would probably follow up with them about the conversation you had regarding avoiding the cancellation fees though. They did still say it and any reputable business should stick by that if that's what they communicated to you. Like I said though, they probably don't have any legal obligation. You can try contacting one of the organizations listed in this article https://threemenandatruck.net/avoiding-rogue-movers-and-scams/ if you want to try to take a step further and put some pressure on them. If I were in your shoes, I'd probably just take the discount they offered after the fact. 

You've posted on a thread that's almost 3 months old. Hopefully the OP is all sorted now.