Do we reply or dont we ?????? Help

[Minimoos]

My husband is a self employed plasterer (though not working at the moment). He previously worked at a clients how plastering their kitchen and other rooms. When it came to plastering their kitchen they had left their fridge in the middle of the room and both gone to work. My husband had to move the fridge out of the kitchen into the hallway to be able to plaster their kitchen ceiling. When he returned to plaster another room, the wife said that he had scratched their fridge which was under 1 year old whilst moving it. My husband said he didnt bang anything but as there was more potential work there to come he would do a days labour as a good will gesture. But the husband had already informed my husband the plasterer that their children had scratched it previously.

 

Months later we have now received a letter that from the client (whom is in the legal profession)

 

Dear Plasterer,

 

Damage to Fridge Freezer

 

We have finally completed our kitchen and are now in a position to repair the fridge freezer which you damaged while carrying out plastering works.

 

I refer to our conversations when you-

a) admitted liability

b) admitted that the damage had taken place when the fridge freezer was forced through the kitchen door into the hallway by you

 

As you are aware this has resulted in approximately 14 black mark/scrathces and a large crease to the left side of the door. There were also scrapes to the handles. You attended our property where we showed you the damaged caused by you- again you agreed and apologised for the damaged caused.

 

Following a conversation between wife and yourself on that evening that the fridge freezer was damaged and a conversation you had with Ultan that following morning. You agreed that you would pay for the replacement doors and handles in way of labour ;ie; plastering our property which is a clear admission of liability.

 

Carla therefore spoke with a Samsung engineer so that a quote could be obtained. DLR Refridgeration Limiteed who act as engineers on behalf of Samsung confirmed the following, a copy of which you have seen. A further copy can be available on request.

 

To put right it would cost £258.00

 

Foloowingthe damage to the fridge freezer, you attended our property and carried out one days labour. Wife sent you a text that evening re-confirmi the arrangements and that the total damaged caused came to a figure of £236.50 inc vat. Unfortunately you then went back on your word and stated that there would be and extra days works ( 4 days instead of 3 as agreed) upstairs to complete the room and in any event you were not willing to do anymore labour free of charge which had been agreed.

 

As a result of the above, you left us no choice but to terminate our contract with you.

 

This fridge freezer was less than 1 year old when it was damaged and it cost over £1100. We are not looking to make money out of this but purely to put right what is damaged and we chose to have the fridge freezer fixed as opposed to replaced as this was a cheaper option for you and we were trying to be reasonable.

 

We are sure that you have liability insurance if you feel this is the route you wish to take. We are seeking to recover what we are legally oweed.

 

As a result of your actions, this has had the following implications:

A) we have had to research a new plasterer which has caused yet another delay to our building project.

B) inconvenience

C) Stress

 

This letter is intended to consitute a pre action letter of claim and complies with the Practice Direction of the Civil Procedure Rules where no specific pre action protocol is relevant. In the absence of payment within the next 7 days we will issue court proceedings to recover the sum due including any court fees incurred.

 

We hope you do not choose to ignore this letter.

 

 

YOurs sincerly

 

 

There are many wrong points within their letter my husband did not admit liability but did do a price reduction on their job as they promised the potentional of work upstairs which he needed. They struggled to pay Jim throughout his work at the premises.

 

The husband had already mentioned that the children had previously damaged the fridge. It was not forced out of the kitcehn, simpley moved.

The days of labour were not adjusted or changed, but the works had not been previously quoted precisely.

 

Its seems my husband is being penilised for being a helpful and kind man that he is. Note there is no complaints about his ACTUAL plastering work.

 

Please help after a rather harsh christmas financially this is not what we need !!!!

 

thank you

[mightymouse_69]

This is essentially a case of your word against theirs. It is clear from the letter that it is their case that your husband moved the fridge in such as way that caused it damage. They are inducing the fact that your husband offered a free days labour as evidence of him admitting liability.

 

Your husband's case is that he did move the fridge, but caused no further damage to it. Your husband claims that he was told that the fridge was already damaged and that he offered reduced labour costs as a gesture of goodwill - to diffuse the situation and also because there was the possibility of further work.

 

The claimants have the upper hand here - they have a damaged fridge and the fact that your husband admits to moving it and offered a goodwill gesture.

 

All your husband has in his defence is a denial and no evidence.

 

What should you do now?

 

If you ignore them, they could issue proceedings. Once this happens, you are on your way to court with the prospect of the judge being rather annoyed that you ignored the pre action letter of claim! Of course, if you do ignore them, there is a chance that they will forget it and move on.... it depends if you want to take this risk.

 

I would suggest acknowledging the letter. You will obviously deny the claim, so in your letter state why you deny the claim - what facts do you not agree with and why? It is not worth lying as saying that you never touched the fridge, but you could state why moving the fridge was necessary and that it was done in a careful manner.

 

I also note that they have given a time limit of 7 days - contrary to the recommendations of the pre-action protocols (which suggest a limit of 14 days.) I would not bother chasing this point up though, unless you had difficulty in replying within the 7 days they have given.

[Minimoos]

O

This is essentially a case of your word against theirs. It is clear from the letter that it is their case that your husband moved the fridge in such as way that caused it damage. They are inducing the fact that your husband offered a free days labour as evidence of him admitting liability.

 

Your husband's case is that he did move the fridge, but caused no further damage to it. Your husband claims that he was told that the fridge was already damaged and that he offered reduced labour costs as a gesture of goodwill - to diffuse the situation and also because there was the possibility of further work.

 

The claimants have the upper hand here - they have a damaged fridge and the fact that your husband admits to moving it and offered a goodwill gesture.

 

All your husband has in his defence is a denial and no evidence.

 

What should you do now?o

 

If you ignore them, they could issue proceedings. Once this happens, you are on your way to court with the prospect of the judge being rather annoyed that you ignored the pre action letter of claim! Of course, if you do ignore them, there is a chance that they will forget it and move on.... it depends if you want to take this risk.

 

I would suggest acknowledging the letter. You will obviously deny the claim, so in your letter state why you deny the claim - what facts do you not agree with and why? It is not worth lying as saying that you never touched the fridge, but you could state why moving the fridge was necessary and that it was done in a careful manner.

 

I also note that they have given a time limit of 7 days - contrary to the recommendations of the pre-action protocols (which suggest a limit of 14 days.) I would not bother chasing this point up though, unless you had difficulty in replying within the 7 days they have given.[/QUOT

 

Thanku very much for your advice

I thought it would have to be replied to, I adjust trying to figure out the best way risk so.

 

I will obviously state that the fridge was removed to complete the work needed. And that it was removed carefully. And that the good will gesture was to diffuse etc etc.

 

I am not sure in how I can make it clear that my husband isn't liable for this and that they had a day of free plastering, which they are obviously happy with ??? for free.

 

Still not feeling confident in my response letter ! Sorry

[mightymouse_69]

Don't try and over complicate it.

 

Simply acknowledge that you have received their letter alleging that damage was caused by you bla bla bla.

 

Then state that you deny liability and why (i.e. because the fridge was moved carefully in a way which did not cause it damage.)

 

You will also want to address the claim that liability was admitted and a days labour given free - again, just state the facts.

 

 

Does your husband have any insurance at all? It may be worth approaching a solicitor.

[Conniff]

Mention "you will, no doubt, recall telling me that your children had damaged the fridge"

[Minimoos]

I will try my best thank-you

[Minimoos]

Ok guys, we would appreciate some further advice.

 

They have received our reply letter disputing.g all of the allegations and ra fictions, politely and to the point.

 

This morning my husband received a text message from the wife of client saying they are disappointed with his letter and we will see them in court.

 

Extra worry now as my husband is not working at the moment we have little income Nd can't afford help

[Conniff]

You aren't responding to any of the questions being put forward, especially, 'does your husband have liability insurance'??

[Minimoos]

Sorry yes he does, but he did not at the time. Thank you

[Kraken1]

a text message is a sucky response. Wait for the letter and claim form. Until then, don't worry about it.

[Minimoos]

Thank-you Taken1, not sure what you mean, I did feel it in professional! And I did reply saying ' please do not make contact unless through writing'

 

I am very worried and I am hoping the claim form won't turn up !

[Kraken1]

if it does, deal with it then. not sure there is much to be done beforehand. The odd text seems like a strategy to me, aiming to get you to make an offer and settle. the ball is in their court, let them play with it.

[Minimoos]

Ok thank you, ill sit tight and wait. Fingers crossed .!