Another contract law question.

[ajlelectronics]

Yesterday we had a delivery of a new bed. The delivery drivers dragged it with dirty packaging up the staircase and so stained the cream carpets. On the way out, they caught the brick pillar at the side of our drive with their van. This broke the mortar bond two courses up and chipped some upper bricks. The pillar is now unstable and potentially dangerous.

The driver was honest and straight so he reported the problem in. I was then told to contact customer services. Initially, the operator was fairly helpful and I have no issue with him at all. The problem comes when I was told that I now have to run around getting multiple quotes for the rebuilding of the pillar and rectifying the carpet. My response was that I see no reason why I should be put to trouble and more inconvenience, tracking down reputable tradespeople, trying to get them to quote and staying in whilst repairs get carried out.
On the rare occasions that my business has caused damage to a customer's premises, we have arranged everything double quick and given our sincere apologies plus a compensation gift. My opinion is that the bed company should do the same, but they refuse to consider any claim until they have a collection of quotes.

Is it reasonable for them to put me to this trouble, or can I dig my heels in? The other thought was to write to them with a schedule of my fees for the admin concerned and require their agreement to pay on invoice for my time.

One other option is to just get someone to sort it, then just bill them.

Comments please?

 

[gordon stephenson]

Do as they ask, But also include a bill for ,your time and effort

 

[cumbriasteve]

Yeah it's a fairly common demand to have at least three quotes, obviously designed to prevent someone getting a mate in and giving a big earner quote if the firm are settling themselves and not using their insurance.

I got the impression they had a right to the request.

We had to do it a few years back and citizens advice at the time was just get the quotes, not saying their advice was the correct legal one but I had visions of spending more time arguing than simply getting the quotes.

I was later told by someone 'sort of in the know' I could have got it done and billed them, if they refused to pay a court claim would be won if it was proven they caused the damage and the bill was established as reasonable.

 

[rtbcomp]

I'd be inclined to get the quotes, but choose the contractor you think will do the job the best. That should filter out the cheapest cowboys and those who increase their price because it's an insurance job.

I think you should be able to choose who does & doesn't do work in your house.

 

[Nick67GT]

I'd see it as an opportunity to take charge of the situation, rather than being passed from pillar to post by the type of muppets you are likely to have to deal with if you insist on them sorting it out.

Put together a detailed list of what you are claiming for (I don't see why your time, phone calls etc shouldn't also be included) and back it up with copies of quotes from professional companies you'd be happy to use to rectify the damage.

As long as it's reasonable and justifiable you shouldn't have a problem, but stick to your guns.

If they don't play ball, the mention of small claims court action and the matter going legal seems to suddenly sort things out.

 

[ajlelectronics]

Thanks all. I think my plan is to inform them that the pillar is dangerous and needs sorting immediately, or risk someone being hurt. I will give them the opportunity to sort it straight away, but if they insist on their red tape, then I will get it done and submit the claim.

 

[ajlelectronics]

Dear sirs, I am writing to register my complaint against your company. I have had three telephone conversations with your agents in the last two days and am getting nowhere. All I get is a parrot fashion reading of "your policy" as if that is of any relevance.

Let me spell out the problem in writing for the benefit of any future legal action:


Yesterday, the 22nd September 2016, Your delivery people arrived to deliver a bed order that we made. Although we ordered from Bensons, I noted it was actually a Harveys van that arrived. I was watching the delivery take place via our CCTV link online and saw the delivery vehicle hit the (offside) brick pillar that delimits our driveway. This pillar is approximately four to five feet high, with a slab and ball finisher on the top. I enclose a photo of the camera view for your interest.

The van moved forward and pulled the brick pillar with it, breaking the mortar bond and breaking some bricks. It also broke the bond of the pillar into the wall. Now I will make this very plain:

THE PILLAR IS NOW IN SERIOUSLY DANGEROUS CONDITION AND REPRESENTS AN IMMEDIATE RISK TO THE HEALTH AND SAFETY OF ANYONE IN THE VICINITY.

As such I am telling you that unless YOU choose to deal with the problem immediately, I will be compelled to arrange it to be demolished and rebuilt myself, so as to remove the risk. I will give you until close of business today to make an arrangement, before I book an emergency repair.

If I have to arrange it myself, I will pass the invoice for the works to you, together with an invoice for my time and trouble in trying to get this sorted. Should that invoice not be paid for any reason, I will then issue proceedings in the County Court for recovery and compensation.

The choice is yours, either YOU sort it, or I will and then bill you. I do not have the luxury of time to run around looking for builders who are prepared to quote and then wait for you to approve it etc, etc as someone is likely to be seriously injured unless it is dealt with immediately.

Feel free to contact me on the above telephone number during office hours if you want to be reasonable. I am not prepared though to get into the same round and round arguments again about "your policies".


Yours faithfully

 

[Endeleus]

Reign in the emotion and stick to the facts, it's simply business to most of the people concerned, and definitely avoid the ALL CAPS if you want to appear professional.

First paragraph is fine, all you need to add is that you propose to arrange repair and forward them the bill unless they propose their own preferred contractor:

Dear Sir or Madam,

Yesterday, the 22nd September 2016, Your delivery people arrived to deliver a bed order that we made. Although we ordered from Bensons, I noted it was actually a Harveys van that arrived. I was watching the delivery take place via our CCTV link online and saw the delivery vehicle hit the (offside) brick pillar that delimits our driveway. This pillar is approximately four to five feet high, with a slab and ball finisher on the top. I enclose a photo of the damage.

Due to the pillar now causing a health and safety hazard, I propose to arrange repair and forward the bill to your company for reimbursement. Please advise within 7 days of receipt of this letter if you would prefer to arrange repair via your own approved contractors.

Your faithfully,

etc

Also, as others have said, you don't strictly need to get 3 quotes, but it's advisable and would count in your favour in the event it does go to court. You don't have to pick the cheapest, but should be able to demonstrate the amount paid is reasonable and not a complete outlier.

 

[the snooper]

even though they damaged the brick pillar I think the liability to make it safe is yours, they have to pay for damages but as its on your property I think you are liable

 

[rtbcomp]

And having written that you are saying you are fully aware of the dangerous state of the pillar. I would take photos and demolish it now.

 

[ajlelectronics]

Had a reply and I have responded as follows:

Dear Carl, thankyou for your helpful response,


On 23-Sep-16 2:24 PM, customer.services@bensonsforbeds.co.uk wrote:
>
> Dear Mr ,
> *
> Sales Order Number:*
>
> Thank you for your recent contact.
>
> I am very sorry that you are unhappy with the process that we are
> required to follow to ensure that damages to a property are repaired. We
> work very closely on such policies and procedures with our Compliance
> Department to ensure that the policies that are in place are in
> accordance with the law.

I am not suggesting that your policies are unlawful, merely that they are inflexible and do not endear your customers to you. I run a business myself, working in people's homes. In the last 30 years, we have had two incidents. In both cases, recognising that the fault was entirely ours, we arranged speedy repair and a compensatory gift was included. We did not cause the customer any inconvenience apart from the initial incident. That is what is known as good customer relations.

> However, as you are insisting on this course of
> action, we will look to get some quotes from builders/contractors in
> your area. I will point out at this time that, as we do not know the
> area, we will be using the internet to course these quotes. We will get
> these quotes sent to us here at Customer Services and we will decide
> which quote we will go ahead with.

As you wish, but please let me impress upon you the fact that there is a safety issue. The mortar bond and the wall fixings are both compromised, which means that the pillar is just sitting there with only gravity holding it in place. I believe it to be dangerous.

> The reason that we asked for customer to get quotes themselves from
> local companies is because, in the past when we have offered this
> service, there have been occasions where the customer has not been
> satisfied with the quality of the work carried out.

Maybe, but that isn't the customer's problem is it? The quality of workmanship is down to the contractor carrying it out and whoever is responsible for the payment. The contractor is still the one to remedy poor workmanship either way.

> We feel it is to the
> benefit to our customers, who know their local area, to attain the
> quotes themselves so that they are fully aware of the people coming to
> complete the job.

So how does the proverbial "Mrs Jones" have any idea who to contact or who to trust? When it is not the householder at fault, it should not be their responsibility to sort out a problem caused by a third party.


> Bearing this in mind, if you are unhappy with the work
> carried out, we will not be able to take any action in regard to
> dissatisfaction in the quality of the work.

I take it that you are familiar with the provisions of what we used to know as the "Sale of Goods and Services Act" now called the "Consumer Rights Act" ? I believe it is an offence to even suggest that there is no remedy for faulty workmanship. Under the Consumer Rights Act, which came into force on 1 October 2015, consumers who enter into a contract for goods and services can expect these to be supplied with reasonable care and skill.

> But, as I have stated, since you are insisting that we get these quotes,
> we will do so. If you still wish for us to go ahead with this then you
> may need to make yourself available when the contractors attend the
> property to inspect the damage.

That can be arranged, however, it is accessible from the road, as you may have seen on the photograph I provided.


> If this is required, we will make you
> aware so that you can make the required arrangements. If it is not
> required, please be aware that they will need to come onto the property
> to make an assessment.

I have no problem with that

> If, given the above conditions, you are still happy for us to proceed
> with the course of action your are demanding of us, please let me know
> as soon as possible so that I can start the process of attaining quotes
> from local contractors and arranging them to attend the property to make
> an assessment.

Please do.

After ringing around, I have only one suggestion, the company that laid the block paving at my address:

Mike May 07774 600777 although I gather he is very busy, he has said that he could employ a trusted subcontractor for me.

Kind regards

 

[roofman]

the time it has taken you to type all that out you could of cleaned the carpet and fixed the pillar... not Sitting in my high and mighty palace here but when we have ANY contractors of delivery guys coming the missus covers the carpets and mine are not even cream colourd

 

[tlovatt]

THE PILLAR IS NOW IN SERIOUSLY DANGEROUS CONDITION AND REPRESENTS AN IMMEDIATE RISK TO THE HEALTH AND SAFETY OF ANYONE IN THE VICINITY.

You may want to look at the occupiers liability act to see who will be responsible for any accidents before you make public statements like that!

 

[windingroads]

Hi, and sorry to hear about your predicament.
If it were me I would email or write to the company, this way you have a record of what both party's
have said.
I would strongly avoid going down the phone call route because depending on the law it may
be illegal to record someone else, without first telling them, you can of course record your own side
of the conversation, and this is always a good idea too, as people deny asking questions, yet there's
you with spouting answers and even answering questions.
Its a sign of the times we are living in when ordinary people have to resort to such tactics, but I would
do it.
JUST this morning a woman bolted from her car and whacked my one with her door, she walked on like nothing happened,
I checked the damage and waited on her to return, she denied it, until I told her I had asked for the security footage from
the shop outside where this happened.
Then her husband came along, and insisted on getting the gards, of course this surprised me, as his attitude was its only a spec,
but knowing how people tick I went to the gards, he followed, while I was talking to one, a sergeant that obviously knew
the woman was nodding his head and reassuring her it was under control.
Then the harassment of me started, the gards wanted insurance and licence, and were knoodling wih the woman and her husband,
who were asked to produce nothing.
This was a big change from when I first informed the gards of what happened, they said because no car was moving at the time
it was not a traffic accident and they had nothing to do with it.
Anyway, I went back with my license and insurance, and they did their best to tell me I had no insurance, I ended up producing
not one but two policies which covered me to drive.
They gards were still not happy, because the woman who caused all the trouble, and told the lies, was let down by all their attempts
to harass me into forgetting the incident took place.
This is the kind of people that are out there, just saying, put everything in writing explaining the damage and on what terms you
will be communicating regarding the matter, straight up, no calls, as nobody ever remembers hearing or saying anything.
Also keep track of times and date of ever event, even registration numbers of people who call, they seem to forget visiting too
when it benefits them.
Having said all that, the people involved might be as sound as could be, but why take the chance.

I posted on here about new welder that came to me all bent up, it has been 14 days since I notified the company, and today they mailed me with the good news that a new one has come in and has been dispatched to me.
So, glad to say some people at least are good enough to put in the effort and sort out such incidents.
Best of luck, and I would check the rest of your pillar for movement, as it could have broke its bond with the foundation, or even just tilted because of the pressure before it snapped, put a level up it, and check, and include your own expenses for running around getting quotes, and staying at home to let people in and out to work, these are expenses forced upon you, you incurred them because of the actions of others.
Also, if your piler is to be tied into a wall, state you need the appropriate dye in the morter so the new and old look similar, and I would imagine you have two pillars, so old bricks of the same colour will need to be used, if you don't mention this, you can not complain later.

Regards, john

 

[brightspark]

its common practice in our house when meter man or anyone else comes in to house we cover the carpet as its a new cream one and any furniture brought in I wrap the hardwood newel post on stairs with cloth and politely ask the guys to take care and they generally do