Advice before small claims court

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 have not contacted my insurer as I didn’t think I would need to. I paid the fee to get the floor replaced myself and assumed I would just get that money back when the moving company reimburses me. 

I didn’t think I would need to claim on my insurance the day I owned the house and increase my premiums next year..

Alderbank

No, you don't have to keep it.

However your claim for damages is based on the value of that flooring and not on the price of the new floor which you have chosen to replace it. Keeping it makes it easier to estimate the value of your loss.

PeppinPie1

Alderbank said:

No, you don't have to keep it.

However your claim for damages is based on the value of that flooring and not on the price of the new floor which you have chosen to replace it. Keeping it makes it easier to estimate the value of your loss.

I see. 

Unfortunately I was not advised to keep this by the moving company. 

As stated the only thing I’ve had from him regarding the insurance is “it’s with them” 
I don’t know where it is in the process what he needs from me, nothing. 

I’m also unsure where I’d go now if I should go the small claims court or just wait?

sheramber

What does your contract with the removal man  say?

When I moved the contract stated anything over £50 would be dealt with their insurance company. 

PeppinPie1

Also, the floor was all brand new when I purchased the house as it was newly renovated. 

DullGreyGuy

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.

Section 56 is in connection with a price reduction for a service where it's not possible for the repeat performance.

Let's look at an example, asked a seamstress to shorten the length of a dress and the sleeves for a wedding you were flying away for with you picking it up on the morning of the flight. You get there and they've reduce the length of the skirt but made a fixable mess of the sleeves. You cannot give them more time to redo the work because of your flight so would be entitled to claim back for the work not completed properly as a refund. That has to be given within 14 days. 


You aren't claiming under Section 56 but under Section 54 and explicitly looking for damages as per Section 54(7)(a). As others have already pointed out there are no legal time limits in the statute for this section and so will fall to a general "reasonable" test. It's not unreasonable for the company to pass it to their insurers. 

Ultimately its your choice, you can send your LBA and go to court for it but be aware the Judge has discretion on matters like court fees and interest etc and may deem that you were not reasonable in issuing when you did and so refuse to award court fees. You'd still get your damages, if you win, but would be down the issuing (£50) and court (£59) fee

PeppinPie1

sheramber said:

What does your contract with the removal man  say?

When I moved the contract stated anything over £50 would be dealt with their insurance company. 

I was not given a contract. 

I messaged them on Facebook - agreed a date and price for the move and that was it. No contract whatsoever was received. 

Phoenix72

PeppinPie1 said:

Also, the floor was all brand new when I purchased the house as it was newly renovated. 

But was it £400 though?

PeppinPie1

DullGreyGuy said:

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.

Section 56 is in connection with a price reduction for a service where it's not possible for the repeat performance.

Let's look at an example, asked a seamstress to shorten the length of a dress and the sleeves for a wedding you were flying away for with you picking it up on the morning of the flight. You get there and they've reduce the length of the skirt but made a fixable mess of the sleeves. You cannot give them more time to redo the work because of your flight so would be entitled to claim back for the work not completed properly as a refund. That has to be given within 14 days. 


You aren't claiming under Section 56 but under Section 54 and explicitly looking for damages as per Section 54(7)(a). As others have already pointed out there are no legal time limits in the statute for this section and so will fall to a general "reasonable" test. It's not unreasonable for the company to pass it to their insurers. 

Ultimately its your choice, you can send your LBA and go to court for it but be aware the Judge has discretion on matters like court fees and interest etc and may deem that you were not reasonable in issuing when you did and so refuse to award court fees. You'd still get your damages, if you win, but would be down the issuing (£50) and court (£59) fee

Could I just not go to court here and just wait for the company to (hopefully) pay me?
I’ve already sent the letter as per CAB advice following their template. 

PeppinPie1

Phoenix72 said:

PeppinPie1 said:

Also, the floor was all brand new when I purchased the house as it was newly renovated. 

But was it £400 though?

I have no idea - I possibly? Could contact the seller and ask for receipts if needed