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Dropped Coffin


jendoc
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Hi again Jendoc :-)

 

That is great news! I am pleased that both the undertaker and the cemetary have acknowledged the upset and distress which was caused to you and your family. I agree with P1, in that although nothing could take away the hurt of what happened, at least your feelings have been acknowledged by their gestures.

 

I too wish you all the very best for the future.

 

Love SG x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Thanks again to everyone who helped! As I ussually shy away from confrontations, I never would have challenged either the cemetery or the undertaker without the sound advice and encouragement I received from you all.......I am proud to be a member of these Consumer Forums.

 

Kind Regards to you all. Jendoc :)

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I am so pleased for you that is has turned out this way. Losing a family member is traumatic enough without any problems happening. I hope you can all move on from this and remember your lost one with lovely memories.

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Well done. I am quite sure that you could have sued and established various loss of expectations as a head of lposs. However, the reduction seems to be a fair result.

 

There was a case a century or so ago where the diseased was transported from overseas for a decent UK burial. The undertakers omitted to put ventilation holes in the casket. The resultant build up of gases caused the casket to explode as they were laying the loved one to rest. The mourners were covered with bits of the departed. They successfully brought an action.

So, it could have been worse.

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I'm so glad that the situation was settled with some sensitivity and discretion by the cemetery and undertaker. I'm sure neither party wants their reputations damaged by such an upsetting incident.

 

I hope you and your family are doing ok, given the circumstances.

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As a general update to my problem, I would just like the forum to know that since acting on advice given on here recently, my overall Funeral Bill of £2,300 has now been reduced by £1700!!

 

The cemetery waived their complete charge of £1,250! and the undertaker reduced his bill by £450! Niether of them understandably admitted liability but gave their reductions as a 'Gesture of Goodwill' and to draw a line under the matter.

 

I am very pleased with the outcome, and would like to take the opportunity to THANK all who gave me advice on this forum. I sincerely hope no one ever experiences the same traumatic incident as we did but at least the positive outcome we have had may encourage others to fight back and NOT just "GET OVER IT"! as was suggested by one forum member.

 

Thanks again,

 

Jendoc

Wow thats brilliant news Jen, i'm so pleased for you and was the right result i feel

Best of luck for the future and lets hope we dont hear of anything like this again :)

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  • 6 months later...

Can someone please assist me in penning a ‘defence’ to a recent county court summons for not paying an undertaker his £1,500 fee, for dropping the coffin of a close family member head first vertically into their grave.

I have requested a reduction from him regarding his overall bill to take into account the traumatic incident that occurred while he was still in possession of the coffin. We believed his initial ‘good will gesture’ of a couple of hundred pounds off, was derisory and so he has now sent a county court letter, and I need help/advice penning my defence.

 

Regards

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Has he actually send the claim - or merely a letter?

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Thread is here Marc.http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/155324-dropped-coffin.html

 

 

Jendoc-would be best to keep this thread to one place.

Will merge this with your main one after response here to this question.

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Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I have read through your other thread. I would not want to pay anything at all. I would want to have the chance for a judge to decide the issues here win or lose. An undertakers job is not simply one of delivering a coffin and two or three other things which added together make a value. The suggestions that the undertaker messed up on one bit (and that bit alone should be valued and deducted is almost absurd) if the effect of such a mistake causings emotional upset when remembering. Any funeral service should be a joy of rememberance and celebration of that loved ones life. The undertaker is there to deliver that joy, not add to the pain.

 

I would not pay him anything and I would not expect him to cause you to fight a legal battle and increase the tension and regret. If I were the deceased, I would be very angry that such emotion was caused by the neglect.

 

If you go to court, you speak on her behalf and do your best. Win or lose, it does not matter. Then smile quietly to yourself in the special moments.

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Threads merged, Jendoc, please stick to one thread on this subject.

 

Thanks.

 

Scott.

 
 

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To reply to Bank Fodders question, Yes it is an actual Court Summons which has as to be acknowledged informing of my intentions to either pay-up or defend.

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OK, I don't understand. Last year you seem to have been offered quite a reduction. I haven't noticed that you refer to this. You only mention a couple of hundred or so.

This is one of the problems of starting multiple threads.

maybe you would like to go through the maths again.

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I don't know if this is the correct forum for my problem but I will give it a go anyway.

 

While at a funeral 2 weeks ago of a close family member at a cemetery in Manchester, the untertakers took the coffin out of the hearse and placed it on 2 wooded slats that were positioned over the grave.

 

Before any rope could be attached to the coffin to secure the weight of it, it suddenly fell head first into the grave with a terrible loud thud! The two grave attendants ran away! and left it to the undertaker and several mourners to try and manouver the coffin back onto the graveside. It took over 10 agonising minutes to get it back on top again.

 

The screams from the mourners was terrible and some children ran away crying and quite traumatised. To date we have still had no apology from anyone. We spoke to the undertaker and right away he distanctanced himself from any responsibility and actually informed us it was the cemetery staff that are responsible for the coffin once it is in the cemetery.

 

We have wrote and emailed the cemetery but to date with no reply. The undertaker has since sent a bill for £3000, £1300 of which he says are cemetery disbursments that he has already paid out!

 

Can someone please advise us what is our next step and if we should hold back the payment until we find out who is to blame and then make them reduce thier bill for the added stress and trauma they caused on that sad day!

 

Thank you,

 

Jendoc[ i cant imagine how it felt but i would direct your complaint at the local council as i assume they are responsible for the cemetry. i dont think the undertaker is to blame really.sorry cant help more my condolences to you all...

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Jen,

 

looking at your previous thread, the original bill was £3000, you then mention the bill is £2300, you got a reduction of £1700 which I assume means you had to pay £600. Has the undertaker charged you for the full amount. Did he send you an amended bill for £600.

 

Come back so people can help.

 

HH

Edited by hammyhound
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This is what Marc appears to be questioning-until we are clear on this then its pointless trying to make progress.

I have looked at all the other threads started by Jen and there does not seem to be any explanation.

 

Some questions for Jen then;

 

1.There would have been a requirement for pre action protocols to be observed before any summons-did they send letters ? what did they say and did you respond ?

 

2.Presumably the summons comes after you refused to accept their discount made earlier and so didnt pay anything-did you at any stage agree to accept their discount earlier and if so was this in writing ?

If not did you tell them so in writing ?

 

3.Whats the date of issue given on the claim form ?

 

4.Has the claim been filed by the Undertakers themselves or a legal firm ?

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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