Small claim going through disposal of items in dispute

babyblade41 · 16 May 2019 at 9:35AM

Morning all, I am pursuing a removal company over damages of a few items that arrived at my new address

It involves an American fridge freezer, large leather sofa bed plus a couple of other things.

I submitted the claim in January and obviously took photos of items damaged , but waiting for the slow process of going through the claim . I am claiming for their second hand value although I will replace with new after a kitchen extension .

I am now really limited on space as the fridge freezer and sofa were placed in storage and need to be bought back here

Would it be OK to sell these items before court obviously stating the damage caused to them or should I wait until court has been done and dusted.?

My husband seems to think I will have to keep them until a court has decided , not sure why but thought I'd get advice here first

The court specified is 140 miles away from where I live so I don't. think anyone will physically want to come out and have a look

waamo · 16 May 2019 at 10:47AM

I see no reason why you can't sell the damaged items. The court won't want to look at them, your photographs are enough evidence.

Presumably you were going to sell them anyway? As long as the value of your claim takes this into account I don't see a problem. In fact as far as mitigating your losses goes it's a bonus.

babyblade41 · 16 May 2019 at 11:06AM

waamo wrote: »

I see no reason why you can't sell the damaged items. The court won't want to look at them, your photographs are enough evidence.

Presumably you were going to sell them anyway? As long as the value of your claim takes this into account I don't see a problem. In fact as far as mitigating your losses goes it's a bonus.

Thank you that is what I thought too

TripleH · 16 May 2019 at 11:44AM

Make sure you have all damage documented and if there is any distinguishing mark to identify the brand, that this is recorded too. You don't want to get to court to find the removal company are saying 'no your honour, it was a very similar looking Inthesh!p not an Indesit fridge that we moved'

Gavin83 · 16 May 2019 at 1:08PM

As waamo said you can sell them but any money you make from the sale would need to come off of your claim.

bris · 16 May 2019 at 5:58PM

I you claim for them then they will no longer belong to you.

But if they are sellable then they cant be that badly damaged.

babyblade41 · 17 May 2019 at 8:29AM

bris wrote: »

I you claim for them then they will no longer belong to you.

But if they are sellable then they cant be that badly damaged.

No The fridge freezer was 8 months old but has a crease down the front of the door . It's not something I can live with especially as it was pristine when it left my old property. It is saleable as someone may want it as a second fridge freezer in a garage.

The sofa bed was huge but it has a small rip on an arm of the chair but again saleable.

My claim was for the cost of replacing minus 20 percent reduction for second hand value , my claim is also breach of contract

I will have to replace both items as I don't particularly want them in my house as they weren't removed in this condition .. The American fridge freezer was still under warranty .

waamo · 17 May 2019 at 8:37AM

I think the cost for replacing them might be a bit optimistic. If you are claiming the whole cost then as bris says they won't then belong to you.

What you need to claim for is the cost of repairing them back to the condition they were in, so the price of a new door and fitting for example.

Matty36 · 17 May 2019 at 9:08AM

I probably confused, but if you sell them, then claim for them (minus 20% you mentioned), you will end up with more than what you paid for them? A bit like you sold them twice.

Would a court have to take that into consideration? So if you sold them first, would the court lower your payout? Or if you claimed first and won full amount you ask for, and then go on to sell them, you will get more money in the end.

I dont know. Just chucking it out there. Confused myself a bit writing that hahahah hope you know what I trying to say

waamo · 17 May 2019 at 9:25AM

Matty36 wrote: »

I probably confused, but if you sell them, then claim for them (minus 20% you mentioned), you will end up with more than what you paid for them? A bit like you sold them twice.

Would a court have to take that into consideration? So if you sold them first, would the court lower your payout? Or if you claimed first and won full amount you ask for, and then go on to sell them, you will get more money in the end.

I dont know. Just chucking it out there. Confused myself a bit writing that hahahah hope you know what I trying to say

You are right. You can't sell them and claim for the replacement value. That's what I alluded to in my original reply but probably should have been clearer.

DoaM · 17 May 2019 at 11:35AM

OP can claim the difference between the 2nd hand price of undamaged goods and the 2nd hand price of damaged goods. In respect of the FF (which was less than 1 year old) then the price difference will be much more noticeable.

Small claim going through disposal of items in dispute

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