Letter Before Claim, but to who?

[Refuse2bendover]

Quote

 

Hi all.

 

I had an issue in a KFC store where the toilet door lock frame was broken and had a dangerous sharp edge which tore a hole in my clothing. I pointed it out immediately to the manager before someone got sliced open. He immediately removed the lock frame from the door frame and apologised and said he’d of course pay for my clothing to be replaced and he’d contact me. He never did. I then took it up with KFC directly who offered nowhere near the replacement value, and in kfc vouchers of course! I refused, stating I just want the value of my damaged clothing (approx £100). I asked for the franchise owners details so I could write a letter before claim. They kept ignoring this. I’ve researched and found out who the owner was at the time of the incident and it turns out they sold the restaurant to another company during my time chasing it all up. 
 

So, who do I claim from? The owner at the time? Or have such unsettled liabilities been transferred to the new owners?

 

I will of course keep this updated with what happens. I went to update my previous issue (courier damage issue) on here but the post was locked, but that case was a success thanks to the excellent help of the legends on this forum… a fantastic resource indeed.

 

 

 

Hi all.

 

I had an issue in a KFC store where the toilet door lock frame was broken and had a dangerous sharp edge which tore a hole in my clothing.

 

I pointed it out immediately to the manager before someone got sliced open.

He immediately removed the lock frame from the door frame and apologised and said he’d of course pay for my clothing to be replaced and he’d contact me.

He never did.

 

I then took it up with KFC directly who offered nowhere near the replacement value, and in kfc vouchers of course! I refused, stating I just want the value of my damaged clothing (approx £100).

 

I asked for the franchise owners details so I could write a letter before claim.

 

They kept ignoring this.

 

I’ve researched and found out who the owner was at the time of the incident and it turns out they sold the restaurant to another company during my time chasing it all up. 
 

So, who do I claim from? The owner at the time? Or have such unsettled liabilities been transferred to the new owners?

 

I will of course keep this updated with what happens. I went to update my previous issue (courier damage issue) on here but the post was locked, but that case was a success thanks to the excellent help of the legends on this forum… a fantastic resource indeed.

Edited March 18, 2022 by BankFodder
Restructured in order to make it readable

[BankFodder]

You say that the business was sold to somebody else – but was it dissolved or was it simply sold as the presumably incorporated business?

If the ownership of the business was simply transferred then presumably you would still sell the business.

I suppose the other thing to do is to understand the extent of KFC's liability if you can get hold of the franchise contract.

[mantis shrimp]

Without more detailed information, I would suggest that your defendant is the person(s) or company who operated the business at the time of this occurrence. It is unlikely that liability to meet your claim has been transferred. 

[Refuse2bendover]

BankFodder: The franchise was simply sold to another big company, operations/location/manager/trade all stayed the same.

 

KFC wouldn’t even tell me who the franchisee was so I doubt they will give me any contract details, although they did keep offering vouchers so perhaps have some liability.

[Refuse2bendover]

Mantis shrimp: Thank you, that was my initial thoughts too.

[Refuse2bendover]

Or am I being blinkered here… despite the restaurant being owned by franchisees both then and now, do I just hold KFC themselves responsible? 

 

As a side note, the toilet is still “out of order” and taped off… I don’t know if it was even ever properly repaired.

Edited March 18, 2022 by Refuse2bendover

[mantis shrimp]

No. 

[Refuse2bendover]

Thank you guys