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"Mover" dropped American Fridge Freezer


hyperjase
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This could be a fun one....

 

A few weeks ago we moved house and our fridge freezer is the American type, tall with two vertical doors. We've had it a few years, a few small dents here and there. We weren't able to move it ourselves because of the size but (for those of you who know), we found someone on the Facebook "selling" groups locally - called Jean Claude Van Man. He quoted £35 to move it with two people for which we agreed.

 

They arrive with a large transit sized van and proceed to pick it up (without really assessing anything) - they lift it on it's side (so the freezer door would swing open), and start taking it out of our rear double doors (there is a step down to a patio area). As the chap at the back inside the house gets towards it, he stumbles forward dropping it out the door, it landing on it's freezer door edge. Shelves spill out, one of them cracking the plastic frame. I'm not impressed by this point, so they upright it and get it on a sack truck(!) and get it to the van. By this point my partner points out that they better have insurance to cover the damage ... nothing is said. They load it in the van on it's side, pushing it in on a blanket of some description.

 

Unloading at the other end is easier but I notice how much damage has been caused.

 

Chips down the edge of the freezer door and at the bottom where it scraped.

 

Scratches on the inside of the fridge door and a nice white scratch on the front of the door.

 

Later on I put 1 and 1 together and realised that there is a nice long dent on the side of the unit, exactly where they had pushed it in the transit van. I got a "sorry about that" but thinking I was doing the right thing I paid them £35 (in thinking that by paying what I had agreed I kept my part of the contract therefore could take them to court for cost to repair or replace depending which is cheaper).

 

So it ends up going back on Facebook that they drop it to which it is virtually flatly denied and they claim "they have offered to put it right" for which they have done nothing.

 

I was given an address to write to to make my complaint for which I have sent a letter recorded delivery. Not delivered and it hasn't been collected (9 days now since attempted delivery) - I'm pretty sure I'm having it returned.

 

There were messages on Facebook from them to us but they have now blocked us and the messages appear from "Facebook User" (but on the main screen it shows the name).

 

I have a certain amount of evidence of them admitting liability but in my letter I request details of their liability insurers, which I'm 99.9% sure they don't have.

 

My question in all of this is, assuming the letter is returned with no delivery, based on the above - is this sufficient to take them to court for compensation? I would request the amount it would cost to put it back to pre-dropped condition - whatever it costs to repair doors, failing that, replace doors, and if that's too expensive, replace the entire unit.

 

I understand my evidence is mostly unsubstantiated but I have plenty of pictures of the damage and a few screenshots from facebook and also the messages we have from them.

 

My next move?

 

Many thanks.

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So its a man and a van. Do you have his address? If so, send him a LBA, then follow it up with small claims action the second the LBA expires. It is very doubtful he has any kind of insurance. Normally its some unemployed guy who has a cheap van, and is looking to make a few quid cash in hand, which is why he advertises through social media and not properly.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Many thanks for the information, regarding the Facebook messages, on normal Facebook (been using it on my phone) it shows who the messages are from and to so I have a certain amount of evidence.

 

Do I just take straight action if the letter is returned without collection? I have been told that their father has died and to be patient ... just not sure whether that is a true fact but certainly won't dispute it under the circumstances.

 

One final thing, I was given no receipt or offered no receipt, presumably this is tax avoidance? If I get nowhere then I have that as a threat to pass their details on to HM Customs and Revenue....

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Their father dying has no bearing on it. Its unfortunate but true. They advertise as a business so need to adhere to that

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I don't have house insurance (I know it's virtually a necessity these days) but even so, why should I be expected to get it repaired, I'm more than happy to take him directly to court if I get no response. I have a business address and will be visiting in person with my next letter....

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Much better to send it by post. Not in person.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Deliver it in person. but dont say or do anything else. Plus remember, signed delivery etc shows you have sent one. They can claim that you havent if you go to court. be careful.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yep. But just remember. You need to show and prove youve exhausted all methods available before going to court.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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