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Damage claim


mrmrhoward
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Hi there,

 

 

new to this site and in need of some advice.

 

 

I attended a customer to clean their glass shower screen. They have now alleged the cleaning agent I used let off fumes which inadvertently caused their shower fittings to be tarnished. I have now being served with court papers and a damage claim of £5700.

I think I can defend it (with the help of an expensive lawyer) but the trouble is the business is already not making any money and I can't fund an expensive law suit.

 

 

Can/Should I try and make contact with the client and agree a settlement?

If there is a judgement made against my company what does that mean for the company? and can the directors ie me be held liable for any of the damages?

Is there an alternative to going to court? ie. Would there be a judgement made by someone viewing the case before hand.

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Hi mrmr

 

Welcome to CAG

 

You've come to the right place. It does sound like they are trying it on. The cleaning agent you have used has been used many times before, so why has it damaged the fittings? Isn't £5,700 excessive if they had damaged them? Have they sent you pictures or any proof? It's in the small claims court which is something you can deal with.

 

Have you contacted the manufacturers of the cleaning agent used?

Will they provide you with a report to negate the claimants claims?

 

There is an Court of Arbitration service, but consider all the facts first.

I've left some of your questions for the time being.

 

We have some legals on this site.

 

Thread moved to correct forum.

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Hi mrmr

 

Welcome to CAG

 

You've come to the right place. It does sound like they are trying it on. The cleaning agent you have used has been used many times before, so why has it damaged the fittings? Isn't £5,700 excessive if they had damaged them? Have they sent you pictures or any proof? It's in the small claims court which is something you can deal with.

 

Have you contacted the manufacturers of the cleaning agent used?

Will they provide you with a report to negate the claimants claims?

 

There is an Court of Arbitration service, but consider all the facts first.

I've left some of your questions for the time being.

 

We have some legals on this site.

 

Thread moved to correct forum.

 

I'm with that !!!!!!!!!!!!!!!!!

 

What products did you use ????

Did they add any ????

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Do you have public liability insurance?

Also as mentioned, get in touch with the product manufacturer and ask for advice.

Frankly, unless there's enriched uranium in the product, there's no way that fumes can damage the fittings.

If the fumes were that corrosive you would have died while using the product.

Total rubbish.

I bet the used a green scoring sponge to clean the fittings, damaged the chrome plating and trying to blame you for that; been there, seen it with my own eyes.

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Hi mrmr

 

Can you upload their claim form, leave out all personal details and ref. numbers. Plus a breakdown of their £5,700 claim.

 

Did they send you an LBA (Letter Before Action)?

 

If you had damaged them, they should have contacted you, you could of settled the matter outside of the small claims court. Sounds like they want to profit from you.

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Here's the safety data sheet for the product:-

 

https://www.e-secure.biz/documents/897FG425JU/Bath%20&%20Shower%20Cleaner%20Bottled%20RTU.pdf

 

A bathroom product called Kilrock bath and shower.

 

 

I don't know what products they use to clean their bathroom and I guess that's my point. How do I know the damage was already their.

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