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  • FIRST POST
    • babyblade41
    • By babyblade41 16th May 19, 8:35 AM
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    babyblade41
    Small claim going through disposal of items in dispute
    • #1
    • 16th May 19, 8:35 AM
    Small claim going through disposal of items in dispute 16th May 19 at 8:35 AM
    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
Page 1
    • waamo
    • By waamo 16th May 19, 9:47 AM
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    • #2
    • 16th May 19, 9:47 AM
    • #2
    • 16th May 19, 9:47 AM
    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.
    This space for hire.
    • babyblade41
    • By babyblade41 16th May 19, 10:06 AM
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    babyblade41
    • #3
    • 16th May 19, 10:06 AM
    • #3
    • 16th May 19, 10:06 AM
    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.
    Originally posted by waamo
    Thank you that is what I thought too
    • TripleH
    • By TripleH 16th May 19, 10:44 AM
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    TripleH
    • #4
    • 16th May 19, 10:44 AM
    • #4
    • 16th May 19, 10:44 AM
    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'
    Wherever you go, whatever you do Richard Marx is right there waiting for you.

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    • Gavin83
    • By Gavin83 16th May 19, 12:08 PM
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    • #5
    • 16th May 19, 12:08 PM
    • #5
    • 16th May 19, 12:08 PM
    As waamo said you can sell them but any money you make from the sale would need to come off of your claim.
    • bris
    • By bris 16th May 19, 4:58 PM
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    bris
    • #6
    • 16th May 19, 4:58 PM
    • #6
    • 16th May 19, 4:58 PM
    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
    • By babyblade41 17th May 19, 7:29 AM
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    babyblade41
    • #7
    • 17th May 19, 7:29 AM
    • #7
    • 17th May 19, 7:29 AM
    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.
    Originally posted by bris

    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
    • By waamo 17th May 19, 7:37 AM
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    • #8
    • 17th May 19, 7:37 AM
    • #8
    • 17th May 19, 7:37 AM
    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.
    This space for hire.
    • Matty36
    • By Matty36 17th May 19, 8:08 AM
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    Matty36
    • #9
    • 17th May 19, 8:08 AM
    • #9
    • 17th May 19, 8:08 AM
    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
    • By waamo 17th May 19, 8:25 AM
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    waamo
    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
    Originally posted by Matty36
    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.
    This space for hire.
    • DoaM
    • By DoaM 17th May 19, 10:35 AM
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    DoaM
    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.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Gavin83
    • By Gavin83 17th May 19, 12:16 PM
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    Gavin83
    my claim is also breach of contract
    Originally posted by babyblade41
    What does this mean exactly?

    If it's what I think it means (you're also claiming a refund of the removal fees) you'll likely fail. They completed their contract which was to move the items from A to B.

    Ultimately you should be no better or no worse off had the damaged not occurred. Therefore you should be left with 2 pristine (but used) items, or at least the replacement value of them and be out of pocket for the removal fees.

    I also agree with waamo again, if the items can be repaired (and more cheaply than replacing them) that should be the avenue pursued. What's the cost of a replacement door for the fridge freezer? The cost of repairing the sofa?
    • babyblade41
    • By babyblade41 18th May 19, 6:24 AM
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    babyblade41
    Breach of contract was raised because the removals came out to do a survey and we needed everything moved a few days before completion bar a sofa and a bed .Everything was to go in their storage

    This was a large house with a smallholding ,so we could concentrate on moving the animals as it was a long distant move . on completion day

    All was agreed in writing.

    They arrived on the Friday but only completed half the job as they didn't have anymore vehicles available to finish

    Completion day was a nightmare , we had to wait until the rest of the stuff was removed, then clean the house before we even started loading the animals.

    We ended up having to leave the pigs until the following weekend as the new people were waiting to move in .

    Thankfully they allowed us to leave the pigs as their horses weren't arriving until the following week

    Removals unloaded everything into the new house' garage as they got there before us when we needed furniture in the house and boxes in the garage . They said they had a long day and as it was dark wanted to get back .

    They'd unloaded before completion had actually taken place (empty house )

    It was an awful move .

    We can't replace the doors on the fridge as the model is now discontinued even though it was only 8 months old

    I am happy to disclose the sale of the item as with a big dent in the front it won't sell for very much in comparison to a second hand one that is in perfect condition

    on the small claims form I have given quite a big discount as to buy new would still leave me well out of pocket but accept it would have had second hand value

    I will update when I have an outcome .

    Their defence is that we had a lot more furniture to move than when they did the survey !! They in fact had a lot less as we were downsizing considerably and sold quite a bit after the survey which I have proof of sale
    • hollydays
    • By hollydays 18th May 19, 8:11 AM
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    hollydays
    How are they attempting to prove you had more furniture
    • Gavin83
    • By Gavin83 18th May 19, 10:23 AM
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    Gavin83
    So when you say you’re suing them for breach of contract what exactly are you suing them for in terms of value? A percentage of the cost?

    Did you ask them for a discount based on the experience?
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