Advice before small claims court

PeppinPie1

To be clear also - I still am in contact with him via text messages. He has just blocked me on his business page via Facebook which was my original means of communication. 

eskbanker

PeppinPie1 said:
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. 

My understanding is that it's standard practice for companies to refer such claims to their insurers, and that settlement will subsequently be made directly by insurer to customer, but apparently CAB disagrees!

PeppinPie1

eskbanker said:

PeppinPie1 said:
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. 

My understanding is that it's standard practice for companies to refer such claims to their insurers, and that settlement will subsequently be made directly by insurer to customer, but apparently CAB disagrees!

I literally had no idea about any of this which is why I went to CAB originally. 

I have had no updates from the business, no contact with the insurance. All I get told it’s “it’s with the insurance”

Alderbank

PeppinPie1 said:

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. 

If you go ahead with a claim you must state exactly which part of which law you claim they are in breach of.

For example, you might claim they are in breach of Chapter 4 Section 54(7) of the Consumer Rights Act 2015. They can then present evidence that they have not breached that particular regulation.

Saying 'I should have had...' or 'They should have done...' does not cut it.

PeppinPie1

Alderbank said:

PeppinPie1 said:

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. 

If you go ahead with a claim you must state exactly which part of which law you claim they are in breach of.

For example, you might claim they are in breach of Chapter 4 Section 54(7) of the Consumer Rights Act 2015. They can then present evidence that they have not breached that particular regulation.

Saying 'I should have had...' or 'They should have done...' does not cut it.

I understand this. But I have just followed what was told to me by CAB. I’ve come here to get some advice on what I should do going forward, if small claims court is the correct next step and if so what would I need. 

Unfortunately I am autistic so this is a lot for me to deal with and is incredibly stressful. All I want is my floor to be replaced and I’ve just been following what CAB have said

born_again

How many quotes have you had for the repair?

Alderbank

Which of these is correct, please? It's not too clear to me from your first post.

1.
You had a new vinyl floor installed in your new home ready for when you moved in. Cost of floor inc. fitting was £400.
During the move your removers damaged the unused floor.
You want the removal company to refund that £400 invoice.

2.
Your new home had a vinyl floor in the kitchen left behind by the previous occupier.
You have clear photographs of the floor after the occupant moved out.
During the move your removers damaged that floor.
You have been quoted or have paid £400 to supply and fit a new vinyl floor.

PeppinPie1

Alderbank said:

Which of these is correct, please? It's not too clear to me from your first post.

1.
You had a new vinyl floor installed in your new home ready for when you moved in. Cost of floor inc. fitting was £400.
During the move your removers damaged the unused floor.
You want the removal company to refund that £400 invoice.

2.
Your new home had a vinyl floor in the kitchen left behind by the previous occupier.
You have clear photographs of the floor after the occupant moved out.
During the move your removers damaged that floor.
You have been quoted or have paid £400 to supply and fit a new vinyl floor.

Sorry. 2 is correct. I have had it quoted and have paid £400 to have it replaced and fitted. 

I have clear photos and a full RICS survey report that has no mention of damage to the floor. The photos of the damage clear show how it was caused (corner of table was placed down first and table slid along the floor which ripped the vinyl)

Alderbank

PeppinPie1 said:

Alderbank said:

Which of these is correct, please? It's not too clear to me from your first post.

1.
You had a new vinyl floor installed in your new home ready for when you moved in. Cost of floor inc. fitting was £400.
During the move your removers damaged the unused floor.
You want the removal company to refund that £400 invoice.

2.
Your new home had a vinyl floor in the kitchen left behind by the previous occupier.
You have clear photographs of the floor after the occupant moved out.
During the move your removers damaged that floor.
You have been quoted or have paid £400 to supply and fit a new vinyl floor.

Sorry. 2 is correct. I have had it quoted and have paid £400 to have it replaced and fitted. 

I have clear photos and a full RICS survey report that has no mention of damage to the floor. The photos of the damage clear show how it was caused (corner of table was placed down first and table slid along the floor which ripped the vinyl)

Thanks.

Keep hold of the old flooring until the insurer's loss adjuster has seen it.

What has your own insurer said about the accidental damage? The remover's insurer might offer to pay your excess (ie., any uninsured losses) after you claim on your own policy.

PeppinPie1

Alderbank said:

PeppinPie1 said:

Alderbank said:

Which of these is correct, please? It's not too clear to me from your first post.

1.
You had a new vinyl floor installed in your new home ready for when you moved in. Cost of floor inc. fitting was £400.
During the move your removers damaged the unused floor.
You want the removal company to refund that £400 invoice.

2.
Your new home had a vinyl floor in the kitchen left behind by the previous occupier.
You have clear photographs of the floor after the occupant moved out.
During the move your removers damaged that floor.
You have been quoted or have paid £400 to supply and fit a new vinyl floor.

Sorry. 2 is correct. I have had it quoted and have paid £400 to have it replaced and fitted. 

I have clear photos and a full RICS survey report that has no mention of damage to the floor. The photos of the damage clear show how it was caused (corner of table was placed down first and table slid along the floor which ripped the vinyl)

Thanks.

Keep hold of the old flooring until the insurer's loss adjuster has seen it.

What has your own insurer said about the accidental damage? The remover's insurer might offer to pay your excess (ie., any uninsured losses) after you claim on your own policy.

I no longer have the old flooring this was taken away as part of having the floor replaced. I was not once made aware I had to keep this.