Advice before small claims court

PeppinPie1

Advice before small claims court

Hello,

Almost 2 months ago I moved into my new home - hired a moving company to move my items. During the move they damaged the vinyl floor in my kitchen. 

Advised the company of this who said they would pay for the damages. 

They are refusing to pay for the invoice to cover the damage to the floor until their insurance “deal with it” and pay out to them. 

I’ve advised as per consumer law I should have been reimbursed within 14 days - I’ve spoke to CAB and sent a letter before action.
The owner has told me that consumer law doesn’t apply to him as he offers services not goods (I have this in text so I can show the court this if needed) 

I’ve spoken to a company that endorses them and offer a service to deal with complaints which didn’t resolve the issue as the movers are still refusing to reimburse me until their insurance claim is complete. 

Am I in the right here to go to small claims court and would there be any possibility I’d lose?

At this point with how rude and unprofessional the replies have been with no concrete updates I am doubting that I would ever be reimbursed. He has also blocked me from his business page on Facebook preventing me from leaving a review and stopping my original means of communication I had with the business/the owner. 

He is trading as a sole trader as his business is not on companies house. 

Based in Wales if that helps. 

Thanks!

eskbanker

PeppinPie1 said:

They are refusing to pay for the invoice to cover the damage to the floor until their insurance “deal with it” and pay out to them. 

I’ve advised as per consumer law I should have been reimbursed within 14 days - I’ve spoke to CAB and sent a letter before action.
The owner has told me that consumer law doesn’t apply to him as he offers services not goods (I have this in text so I can show the court this if needed)

Which specific clause of which consumer law are you referring to?

Phoenix72

Yes, there is a chance you will lose if you quote legislation not relevant to the issue you have.

PeppinPie1

eskbanker said:

PeppinPie1 said:

They are refusing to pay for the invoice to cover the damage to the floor until their insurance “deal with it” and pay out to them. 

I’ve advised as per consumer law I should have been reimbursed within 14 days - I’ve spoke to CAB and sent a letter before action.
The owner has told me that consumer law doesn’t apply to him as he offers services not goods (I have this in text so I can show the court this if needed)

Which specific clause of which consumer law are you referring to?

I’m just going what was told to me by citizens advice bureau, so I don’t know which specific clause unfortunately. 

PeppinPie1

eskbanker said:

PeppinPie1 said:

They are refusing to pay for the invoice to cover the damage to the floor until their insurance “deal with it” and pay out to them. 

I’ve advised as per consumer law I should have been reimbursed within 14 days - I’ve spoke to CAB and sent a letter before action.
The owner has told me that consumer law doesn’t apply to him as he offers services not goods (I have this in text so I can show the court this if needed)

Which specific clause of which consumer law are you referring to?

This is what I have - 

Section 56 states that if a service fails to meet any of these conditions, the law says the trader must put things right at no extra cost to the customer.  Section 56(2) sets out the right to a refund of services.

Section 56(4) states that a refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

PeppinPie1

Phoenix72 said:

Yes, there is a chance you will lose if you quote legislation not relevant to the issue you have.

Please could you provide context here?
I am literally just going what what I’ve been advised hence why I am here asking for further advice

Alderbank

PeppinPie1 said:

Advice before small claims court

Hello,

Almost 2 months ago I moved into my new home - hired a moving company to move my items. During the move they damaged the vinyl floor in my kitchen. 

Advised the company of this who said they would pay for the damages. 

They are refusing to pay for the invoice to cover the damage to the floor until their insurance “deal with it” and pay out to them. 

I’ve advised as per consumer law I should have been reimbursed within 14 days - I’ve spoke to CAB and sent a letter before action.
The owner has told me that consumer law doesn’t apply to him as he offers services not goods (I have this in text so I can show the court this if needed) 

I’ve spoken to a company that endorses them and offer a service to deal with complaints which didn’t resolve the issue as the movers are still refusing to reimburse me until their insurance claim is complete. 

Am I in the right here to go to small claims court and would there be any possibility I’d lose?

At this point with how rude and unprofessional the replies have been with no concrete updates I am doubting that I would ever be reimbursed. He has also blocked me from his business page on Facebook preventing me from leaving a review and stopping my original means of communication I had with the business/the owner. 

He is trading as a sole trader as his business is not on companies house. 

Based in Wales if that helps. 

Thanks!

Welcome to the forum.

I assume you have told the remover that the Consumer Rights Act has several chapters, Chapter 4 applies to Goods but Chapter 4 applies to Services (don't bother telling the Court that, it's not relevant).

Which part of Chapter 4 says 14 days?
Ch4 s54(7) says that if the work was not performed with reasonable care and skill that the consumer can seek other remedies including damages but does not include any timescales.

14 days sounds an incredibly short timeframe to agree the extent of the damage, submit a claim to an insurer, their loss adjuster to inspect and the insurer to pay out. These things can take months.

You say you have sent an LBA and as a result the other party has ceased any communication. That is to be expected and is probably on the advice of his solicitor. Having sent an LBA your only option now is going ahead with a claim. I think you might have jumped the gun a little.

What exactly is the basis of your claim?  Is it that he has not complied with this 14 day thing?

Alderbank

Apologies for apparent cross posting. There seem to be some glitches with the website again today

eskbanker

PeppinPie1 said:

eskbanker said:

PeppinPie1 said:

They are refusing to pay for the invoice to cover the damage to the floor until their insurance “deal with it” and pay out to them. 

I’ve advised as per consumer law I should have been reimbursed within 14 days - I’ve spoke to CAB and sent a letter before action.
The owner has told me that consumer law doesn’t apply to him as he offers services not goods (I have this in text so I can show the court this if needed)

Which specific clause of which consumer law are you referring to?

This is what I have - 

Section 56 states that if a service fails to meet any of these conditions, the law says the trader must put things right at no extra cost to the customer.  Section 56(2) sets out the right to a refund of services.

Section 56(4) states that a refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

That would seem to relate to the Consumer Rights Act 2015, and the section relating to price reductions for services contracts - it's not clear to me that reimbursement of a damages claim would fall within its scope though, especially when it's the insurers settling the claim.

powerful_Rogue

How much is the claim for?

Are you having the entire kitchen floor re-done?

PeppinPie1

Alderbank said:

PeppinPie1 said:

Advice before small claims court

Hello,

Almost 2 months ago I moved into my new home - hired a moving company to move my items. During the move they damaged the vinyl floor in my kitchen. 

Advised the company of this who said they would pay for the damages. 

They are refusing to pay for the invoice to cover the damage to the floor until their insurance “deal with it” and pay out to them. 

I’ve advised as per consumer law I should have been reimbursed within 14 days - I’ve spoke to CAB and sent a letter before action.
The owner has told me that consumer law doesn’t apply to him as he offers services not goods (I have this in text so I can show the court this if needed) 

I’ve spoken to a company that endorses them and offer a service to deal with complaints which didn’t resolve the issue as the movers are still refusing to reimburse me until their insurance claim is complete. 

Am I in the right here to go to small claims court and would there be any possibility I’d lose?

At this point with how rude and unprofessional the replies have been with no concrete updates I am doubting that I would ever be reimbursed. He has also blocked me from his business page on Facebook preventing me from leaving a review and stopping my original means of communication I had with the business/the owner. 

He is trading as a sole trader as his business is not on companies house. 

Based in Wales if that helps. 

Thanks!

Welcome to the forum.

I assume you have told the remover that the Consumer Rights Act has several chapters, Chapter 4 applies to Goods but Chapter 4 applies to Services (don't bother telling the Court that, it's not relevant).

Which part of Chapter 4 says 14 days?
Ch4 s54(7) says that if the work was not performed with reasonable care and skill that the consumer can seek other remedies including damages but does not include any timescales.

14 days sounds an incredibly short timeframe to agree the extent of the damage, submit a claim to an insurer, their loss adjuster to inspect and the insurer to pay out. These things can take months.

You say you have sent an LBA and as a result the other party has ceased any communication. That is to be expected and is probably on the advice of his solicitor. Having sent an LBA your only option now is going ahead with a claim. I think you might have jumped the gun a little.

What exactly is the basis of your claim?  Is it that he has not complied with this 14 day thing?

The base of my claim - following what was told to me by Citizens Advice is that I should not have to wait for his insurance to do what they need to and I should have been reimbursed within 14 days of him saying he will do so. I was told there is no world why I would need to wait for a company to deal with their insurance - which could take months - to pay £400 worth of damages. The company should have paid me and then deal with the insurance and get the money back themselves in their own time.