Damaged bed after council rewiring

[qiyyam]

Hello everyone

Before I start I want to say that this site is brillant and its amazing how people sharing information can make a real differance.

Now to my problem.

I have lived in a council house for the past 4 years.Last year I was told that my house needed a complete rewire and that is was part of ''the decent homes scheme''.I thought ''great that would be nice''

A few weeks later two workers from a sub-contractor company called Thomas Vale turned up.They started working and the work lasted for 3 days.During the time the Repairs were being carried out I told the workers to let me know if they needed anything.

I looked after the two workers offering them drinks ect.The last day they were working upstairs and when they left I noticed that one of our pine double beds had been damaged at one end.The beam was damaged.I rand Thomas Vale and was told that someone will come to have a look at the bed.

When the person arrived he told me he was acarpenter and he's here to have a look at the bed.After having a look he told me that he couldn't repair the bed and I should phone Thomas Vale.

I rand Thomas Vale and explained the situation.I was told that the carpenter said ''the bed is unrepairable'' and Thomas Vale cant do anything because I gave the workers permission to move furniture(which is not true).I asked them ''if Thomas Vale are not liable then why did they send a person to try to repair the bed'' and she told me it was a ''good will gesture''

Please someone help me,The bed is for £250 but I feel bad that someone can get away with doing that especially a big company like Thomas Vale.
This was last year and I have been sleeping on a mattress on the floor since.

Thanks for looking.

[Hobbie]

Write to the council and inform them, ultimately the council is respsonsible for any damage caused by contractors working on the councils behalf.

In your letter to the council inform them of all actions to date, including that Thomas Vale had sent a carpenter in an attempt to repair the damage caused. And the Thomas Vale's own carpenter stated it was beyond repair.

The council contracted these people, the council is who has to cough up.

[qiyyam]

Thanks for the reply hobbie.

The council knows whats been happening and they wrote a letter to Thomas Vale.Thomas Vale replied by saying that I asked the workers to move my furniture and anyway they have repaired the bed(which is not true).

My council told me that because its my word against Thomas Vale I should consider taking Thomas Vale to court.My argumant is that if Thomas Vale repaired my bed then where is the paperwork that I should have signed to confirm the repairs were carried out?

I am soo mad please somebody tell me if I should take them to court as council is advising that.
Thank you.

[Hobbie]

If the contractor is falsely claiming to that of it has carried out a repair, take photos, request that both a representive from the council and the contractor come and inspect the workmanship.

Pointout to the council during this time, that the bed is still damaged and beyond repair, put some pressure contractor in front of the client.

Unfortnately it is your word against them, but I doubt your wanting to take them to court, so your going to have to try and exhaust all over options first.

Something in the back of my head though is telling me, that it would be the council you took to court, and not the contractor, as when conducting work under contract, the council is responsible for any damages and anything else for that matter that the company it contracted has made/done.

Hope that it makes some sort of sense.

[qiyyam]

Thanks very much hobbie

Thanks hobbie all the information was very useful.I will contact the council and Thomas Vale and ask them both to come and see my bed.Before I do that I have asked the council to send my a copy of the letter Thomas Vale sent saying the bed has been repaired.

Dont you think when repairs are carried by sub-contractors they need a signiture from me to say im happy with the repairs??

Thanks very much hobbie.

[Hobbie]

Best practice of course would be for them to have you sign some sort of document/job order to confirm that you are infact

a) Happy with the work.
b) It has been carried out to a satisfactory standard.
c) That someone infact visited your home to carry out the repair.

From what you've said, you haven't signed anything to confirm you are indeed happy with the work, therefore you are entitled to have representives visit to inspect the workmanship.

I don't know which council it is (and really don't need to know) but the council must have insurance for claims made against them and/or contractors acting on behalf of them.

Some options for you to consider.

First:
As previously mentioned, request that both someone from Thomas Vale and the Local Housing Authority/Council attend to inspect the workman ship of the repair if in fact Thomas Vale are claiming to have conducted a repair.

Second:
Write to the council requesting a copy of the councils complaints procedure and requesting a form to claim against the council for the damage. As it is in my unqualified opinion that it is the council who you need to claim against, as Thomas Vale was acting on instructions from the Council, and therefore the council absorbs all responsibilties.

Third:
Write a strong worded letter of complaint to the council Cheif Executive, including copies ALL correspondence received in relation to the matter, from both Thomas Vale and the Council.

In either case, you need to tell them, how upsetting it has been for you, how stressful, and that with Thomas Vale stating that you requested them to move your furniture, when in fact you didn't, also that the council/contractor are questioning your honesty and integrity.

Hopefully this should be enough for them to act.

[qiyyam]

Hello Hobbie
Today I recieved a letter from the council.
It states....
Thomas Vale have the following statement to make in response to your enquiry...

''We moved the bed for Mr Qiyyam at his request because he said he could not move it himself.Mr Neil Lane, who carried out the inspection,has advised us that the bolts on the bed were bent and this would not have been caused just by the bed being moved. As a gesture of goodwill, Mr Neil Lane asked one of our carpenters to make some repairs to the base of the bed. Our capenter made the repairs and advised Mr Qiyyam that he should get some new bolts easily available and very cheap and put these on to the bed. At no point did Mr Qiyyam say that the bed needed to be replaced.''

Things that are not true in this statement...
1)I did not ask anyone to move the bed for me.I am 27 years old and I think I am fit enough to move a bed.

2)Thomas Vale are claiming that the bolts were bent but it was only one bolt that was bent.

3)A carpenter had a look at my bed and told me it was beyond repair thus he didnt repair it.

[Hobbie]

Qiyyam,

Reading the reply you've received, it appears to be a game of "There word, again your word".

You need to raise your issues direct with the council stating the facts, that your are an able person of 27 years and more than capable of moving a bed yourself had you been asked to move it, the fact that Thomas Vale are claiming bolts was damaged when indeed this was not the case, and if it was bolts (Which I assume are metal?) when did Thomas Vale as a 'gesture of good will' send a carpenter (Doesn't carpenters work with wood and not metal?).

Most, if not all councils have a precedure to raise a claim against them, and all councils will have liability insurance, regardless if it was a contractor that caused the damage, that contractor was conducting repairs/work on behalf of the council.

In your reply, request a copy of the councils complaints procedure, this will outline how your complaint will be dealt with, and what the next step is if your not happy with the outcome, if the council has any sense then they'll not wish for it to reach the final stages of the procedure, which usually includes getting the The Local Government Ombudsman involved, and no council likes them.

Stand your ground with them, don't allow them to back you into a corner.

[qiyyam]

Once again hobbie I dont know how to thank you.I will get on the case straight after Iget off my pc.