Removal company - query re. claiming for damage caused in move

newdriver101

Hello Folks

Please can I have your thoughts on my situation? (Not sure if this is the right place for this query)

I moved house a couple of months ago. I hired a removal company and the movers damaged a couple of items of furniture in the move.  Cost to fix/replace is approx £2k (items are worth around £8k).  Company has an insurance liability cap of £30k.

The were initially very positive, forthcoming and efficient - acknowledged they had caused the damage, took pictures of the damage, asked for details of purchase/cost of replacement and said they will contact their insurers and get back to me asap.

I didn’t hear back.  I contacted them + they have been a bit evasive and reluctant to put anything down in writing.

Reading between the lines it seems they may have screwed-up… I am guessing they did not carry out the work in accordance with their policies and procedures which has caused an issue with the insurers.  They seem to want to reverse-engineer the process + have asked to come to my new place - in person - to take pictures of everything that was moved and they want me to sign a new contract with a new inventory.

I have asked if they can send me the details by post/email + I can sign + return and I can take pictures of the furniture and send (original contract was sent by email).  They are insisting on physically coming to my new place for them to take pictures + for me to sign the new contract which all sounds v fishy to me…(?)… 

I’m worried I might somehow be complicit in their “fraud”  (if there is one?) if I agree to this… Furthermore, their insistence on coming to see me in person and their reluctance to put anything in writing makes me very suspicious.  Would welcome your thoughts on whether I am being unduly concerned/overly suspicious + what you think is the appropriate next step here…

Thanks in advance

user1977

I would just continue with the claim you've got and politely (or rudely, up to you) decline the rather bizarre suggestion that you re-do the contract/inventory.

Not sure if anybody knows the typical level of excess for this sort of cover, but for a £2k claim I would have thought a large chunk of that is coming out of the company's pockets anyway, no matter what the insurers think about it.

sheramber

Did this they make an inventory prior to the move?

letom

Don't let them come over and whatever you do, do not sign anything. If you have it in writing and pictures of them admitting their mistake then you have all the evidence required to take them to small claims court (if it's under £10k). 

There's no fraud or anything most likely they are trying to build their case and defence against you now.

Next steps I would do is lay out all the factual evidence and how much it would cost to replace, send via email and recorded delivery, requesting they compensate you and saying if they don't write back in 14 days you'll be taking them to small claims court (which is easy and you'll definitely win).

I would also clearly state that you will only communicate via written correspondence, do not speak to them on the phone.

They will probably try to make threats or intimidate you, but unless they agree to payout your full figure just open a small claims case (simpler than you think), then just follow that and a judge will rule in your favour.

newdriver101

sheramber said:

Did this they make an inventory prior to the move?

Not a formal inventory as such.  I sent an email with a list of items and they came to physically view what needed to be moved before providing a quote + confirmed by email that the email list/inventory would cost £x amount. 

TheJP

newdriver101 said:

Hello Folks

Please can I have your thoughts on my situation? (Not sure if this is the right place for this query)

I moved house a couple of months ago. I hired a removal company and the movers damaged a couple of items of furniture in the move.  Cost to fix/replace is approx £2k (items are worth around £8k).  Company has an insurance liability cap of £30k.

The were initially very positive, forthcoming and efficient - acknowledged they had caused the damage, took pictures of the damage, asked for details of purchase/cost of replacement and said they will contact their insurers and get back to me asap.

I didn’t hear back.  I contacted them + they have been a bit evasive and reluctant to put anything down in writing.

Reading between the lines it seems they may have screwed-up… I am guessing they did not carry out the work in accordance with their policies and procedures which has caused an issue with the insurers.  They seem to want to reverse-engineer the process + have asked to come to my new place - in person - to take pictures of everything that was moved and they want me to sign a new contract with a new inventory.

I have asked if they can send me the details by post/email + I can sign + return and I can take pictures of the furniture and send (original contract was sent by email).  They are insisting on physically coming to my new place for them to take pictures + for me to sign the new contract which all sounds v fishy to me…(?)… 

I’m worried I might somehow be complicit in their “fraud”  (if there is one?) if I agree to this… Furthermore, their insistence on coming to see me in person and their reluctance to put anything in writing makes me very suspicious.  Would welcome your thoughts on whether I am being unduly concerned/overly suspicious + what you think is the appropriate next step here…

Thanks in advance

Do you have it in writing from a company letterhead/email address that they have admitted liability or was it a phone call? If it was a phone call then buckle up for a bumpy legal ride as clearly they are not disputing this. If its in writing don't sign anything else and carry on with your claim. All the best, my movers damaged my fridge and washing machine because they booked the wrong lorry, they got my wife to sign off on the exit inventory before i could inspect the major items. Sneaky buggers.

newdriver101

TheJP said:

Do you have it in writing from a company letterhead/email address that they have admitted liability or was it a phone call? If it was a phone call then buckle up for a bumpy legal ride as clearly they are not disputing this. If its in writing don't sign anything else and carry on with your claim. All the best, my movers damaged my fridge and washing machine because they booked the wrong lorry, they got my wife to sign off on the exit inventory before i could inspect the major items. Sneaky buggers.

Gosh TheJP - your story sounds awful! Sneaky buggers indeed…
My movers admitted via email that an “incident” occurred during the move that resulted in “damage” to the 2 items - so no they didn’t quite admit liability but they did say to send further information regarding the damaged items in order for them to make a claim on their insurance…

Trentenders

I can possibly help you here.

First of all, do you have a copy of the remover’s trading conditions? If so, what are they called (e.g. BAR liability conditions, BAR insurance conditions, NGRS conditions, or something else - if something else, can you let me know what their standard liability amount is per item?)?

Do the trading conditions mention which company would deal with the claim?

Did you enter a value for your goods on a quotation & acceptance form, prior to the move?

Did you notify them in writing within the time limit stated within their trading conditions (not the end of the world if you didn’t, so long as it was prompt upon discovery, and a reasonable length of time)?

Their excess will likely be between £50 and £500 - assuming that they do have insurance.  Was it a ‘reputable’ company?

Ignore talk of small claims courts (unless they are uninsured) - you’re never guaranteed to win, and a ‘win’ could potentially be limited to £40 per item. The insurance company will be keen to settle such a low amount, in accordance to the trading conditions you’ve agreed, if it looks genuine and if it gets on their radar (more so if they use BAR ‘Insurance’ conditions). The complaints procedure will be the best way to go in due course, but I’d start by contacting their insurer directly.

PS I’d echo not falsifying documentation for the remover to present to their insurer, as though it was completed by you prior to the move. I’m assuming it is the remover that wants to visit you, rather than the insurer…

[Deleted User]

Definitely don't sign anything now. There is no scenario in which signing something helps you.

It sounds like they are trying to fix a mistake they made that will affect their claim, or screw you out of any compensation.