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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a job on where the client hired the machine I was working

Resolved Question:

I had a job on where the client hired the machine I was working with, I accidentally damaged the equipment, the customer did not take insurance out on the hire, my public liability insurance does not cover the damage, he has not paid me for the job but is taking my fee of the cost of the charge from the rental company and saying he is taking the claim for his loss to small claims, can he do this?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Did you have any contract in writing with the customer?
Alex
Customer: replied 1 year ago.
No contract, he is the father of my ex girlfriend and did a job on the 'cheap' for him, I offered to use my hire company to hire the 'cheery picker' but he decided to hire.
Expert:  Ash replied 1 year ago.
Ah, this is an issue then. If you had a contract it could have limited the liability and said you are not responsible.
However if you damaged the equipment, in law you are liable.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
He has sent me a letter re the small claims court, if I offer to pay him on a monthly basis as I dont have the money will this be taken into consideration at court if he decides not to accept my reasonable offer, the bill is £1500 and I can pay £100 a month?
Expert:  Ash replied 1 year ago.
Yes the Court can award that but sadly you could get a County Court Judgment.
Alex
Customer: replied 1 year ago.
OK, thank you.
Expert:  Ash replied 1 year ago.
Good luck
Alex
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