How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

A skip lorry hired by double glazing company caused damage

Customer Question

A skip lorry hired by double glazing company caused damage to front garden. I have submitted estimate to glazing company. The skip company has visited the site and taken photographs of damage. I have also taken photographs. I have heard nothing back from either company.
Am I correct in deducting this estimate of damage from the balance owing to the glazing company as they employed the skip company and should seek reimbursement from them?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : What is the value of damage please?
JACUSTOMER-xnjr8hlb- : Quote from gardener is £970
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy. If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court. The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce. If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. Can I clarify anything for you about this today please?
JACUSTOMER-xnjr8hlb- : Is not my contract with the glazing company and therefore I could deduct my claim from their outstanding account? They hired the skip company and would therefore claim from the skip company for their loss.
Alex Watts : Yes you could do that if you wished. If the glazing company hired the skip yes.
Alex Watts : Does that help?
JACUSTOMER-xnjr8hlb- : Yes, I will proceed with that proposal.
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’. Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/