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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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We had a family party this saturday. We hired a slide from

Customer Question

We had a family party this saturday.
We hired a slide from a company we had used for the same item previously.
They arrived and asked where we would like the slide positioned, we gave them the same location as a previous hire.
They advised that the slide could not be set up as it was more than 25m away from the power point as stated in contract.
We acknowledged this but stated that it had been placed here previously and had not needed additional cable so presumed that this hire would be the same as the last.
The employees of the company said they would need to go away and get more wiring and left with no indication of when they would be back, causing me to need to ring around to chase them.
They returned an hour later. By this time we had been forced to find other entertainment for the 20 children attending this children's party.
They positioned the slide.
We asked them to pack up around 5pm as the party had been made indoors due to not being able to use the slide and communication with the employees was not good.
We were due to pay the £400 on the day.
We paid them £300 cash as we felt that we did not receive the full use of the item as agreed.
I asked for a manager to call me to discuss.
They left the property.
They are now chasing the rest of the payment and saying if we do not pay they will attend our property or send to debt collectors. Any advice on where we stand?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Do they advertise the fact that it can be no more than 25m from the power point in the small print?
Customer: replied 2 years ago.

No..


I have just read the contact and its states..


 


it is the responsibility of the hirer to ensure that adequate supervision is supplied and an TCD protected 13 amp mains supply is available within the setup area unless an alternative power source is supplied and that access and set up area are adequate for the equipment hired.


 


and also


 


The hirer undertakes to ensure a RCD protected 13 mp mains supply is available within the set up area and that access to the set up area is adequate for the equipment hired. If a power source is not readily available then the hirer agrees to pay the company the additional costs of providing a generator.


 


 


 

Expert:  Jo C. replied 2 years ago.
Thank you.

You could argue then that you are entitled to make some reduction because the slide was available to you for less time than the contract stipulated.

I suppose the difficulty with the reduction that you have made is that it is really completely arbitrary and doesn't relates logically to the number of hours that you lost. In an ideal world, you would work out the number of hours for which you are entitled to have use of the slide and divide that number into the price to get the hourly rate and then reduce the overall price by the number of hours of which you were deprived.

However, it really matters not because it is very unlikely that they will sue you for £150 even at the Small Claims Court as it is just plain not worth the manpower of doing so.

What they may do is instruct debt collectors to write and telephone you but they have no power of themselves without a court order they are not going to be able to enforce this.

Can I clarify anything for you?

Jo

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