Damage caused by Locksmith - Advice required please

[Peter_Moxon]

A couple of weeks ago I had to call a locksmith out (from a call centre number).

My key would not turn what appeared to be a jammed deadlock.

 

 

Using airbags to partially hold open part of the door he used an angle grinder to try and cut through the deadlock but unfortunately the blade was too short by about 2mm.

 

He then decided to use a hammer and chisel with a great amount of force for about 30 - 40 minutes.

He aborted the job and I was left locked out.

 

The next day another locksmith came round and used a paddle to hole part of the door

open sufficiently enough for him to be able to drill through the lock and gain entry.

 

 

Once in it was clear that there was quite a lot of damage caused to the UPVCS frame, the wooden frame and to the edge of the door.

I complained to the first company who denied that their "engineer" used a hammer even though several of my neighbours signed to say that they had heard the hammering.

 

They are denying responsibility saying

" Firstly, I wish to clarify my point regarding the liability of any damaged caused.

Each sub-contractor that works for us is required to have Public Liability Insurance to cover himself on jobs should accidental damage be caused.

Therefore, if any damage was caused by our engineer Danny, then it would be the engineer personally liable for making further arrangements through his personal insurance.

Naturally Keytek would assist as and where required should any of our locksmiths cause damage while on site.

 

Surely my contract was between the Company and not the subcontractor they chose to appoint to the job.

 

All helpful advice welcome.

 

Thanks

[BazzaS]

"My contract is with you.

You remain liable for the actions (including negligent damage caused) of your agent.

If you feel you need to claim against your sub-contractor, I hope the documents I have already provided for my claim against you will assist you" !

[sgtbush]

You contracted a company, the liability lies with that company.

Just because they use sub contractors is not your concern.

[BazzaS]

All helpful advice welcome.

 

Who decides if it is "helpful"?

Surely if it is correct and valid it is "helpful", or are you saying "only relpy if you can tell me what I want to hear"?

 

 

BTW I hope my earlier reply was correct, valid, and what you want to hear, and that you consider it 'helpful' !

[Peter_Moxon]

Who decides if it is "helpful"?

Surely if it is correct and valid it is "helpful", or are you saying "only relpy if you can tell me what I want to hear"?

 

 

BTW I hope my earlier reply was correct, valid, and what you want to hear, and that you consider it 'helpful' !

 

By asking for "helpful" advise I mean that I wish to know where I stand legally. I doubt that that damage can be repaired so am seeking the company contributes financially to replacing the door unit and its surround.

[BazzaS]

Do you think they can claim that *some* damage would have had to be caused anyway? You can't claim for that but can for *negligent* damage .....

[mariner51]

Are you owner-occupier or tenant?

Do you have buildings insurance?

Did the locksmith have Business Ins?

Make a claim SCC and await verdict.

[Peter_Moxon]

Do you think they can claim that *some* damage would have had to be caused anyway? You can't claim for that but can for *negligent* damage .....

 

I was told by the call centre when I booked the locksmith that he would be able to gain access to the property without damaging the door or the frame, although he may need to drill a lock out.

[king12345]

Have you checked that he was a locksmith?

I have seen them drill through locks in minutes with their equipment and to be honest never seen a locksmith use an angle grinder on a uPVC door.

If that guy wasn't a locksmith you have an even better argument to claim through the company that you initially contacted.

[slick132]

Hi PM,

 

IMHO Keytek are an expensive option. They farm jobs out to local locksmiths but take a large slice for themselves so the customer can end up paying double what they would pay a genuine local service where no agency is involved.

 

When the gearbox of a multipoint lock fails on a UPVC or Composite door, it may take drastic action to get the door open including drilling, cutting, etc. However, damage to the door and frame should be kept to a minimum. It's hard to say what is reasonable and what is excessive without seeing the damage.

 

1. What did Keytec initially say they'd charge to visit.

 

2. Did they refund you in full.

 

3. Did the 2nd locksmith fit a new locking strip to repair the door.

 

4. Have you taken good photos that show the damage caused.

 

It's certainly Keytek's responsibility if excessive damage was caused, as said by others. Your case is stronger as no entry was gained despite the efforts so they can't argue that "some" damage is reasonable in gaining entry. If they said no damage would be done to the door or frame in gaining entry, that is relevant but proving you were told this may be difficult.

 

[slick132]

You could ask them for an audio copy of the tel con to confirm what they said about no damage being done in the opening process. I doubt they'll provide this - they'll probably say, "No recording was made of this tel con,"

 

But according to their website, calls may be recorded for quality control and training purposes.

 

You're right to seek a contribution towards the cost of door replacement IF the door is badly damaged. Obviously if the lock was broken, the door you had was faulty so you can't seek the full cost of replacement.

 

[slick132]

Hi PM,

 

Any update please - was this sorted, and how ?

 

Thanks