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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48168
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Recently moved house employed a removal company to pack up

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Recently moved house employed a removal company to pack up house, dismantle and reassemble furniture. On day of move only one van turned when promised two for 8.30 am sharp. Second van turned up after lunchtime, I did most of the packing and on day of move they broke very expensive double wardrobes trying to get it down stairs in one piece rather than dismantle it. How do I stand legally making a claim for compensation? At the moment have withheld the balance. Now removal offering to claim through their insurance for replacement furniture but asking for balance to be paid in full before he starts the insurance claim?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Please can you tell me if you have asked for their liability insurance details?
Customer: replied 1 year ago.
No we haven't
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience and sorry I could not reply last night, I experienced some connection problems. You do have a potential claim for negligence here because the removers should have been careful and acted professionally and reasonably to ensure that your property is not damaged. So if they would have reasonably been expected to dismantle the wardrobe as it was evident that it was not going to fit otherwise and they did not do so and damaged it in the process then they are likely to have acted negligently. In the circumstances you have a few options:Initially you could consider their insurance - this is not dependent on you paying the full balance first so they should not be making it conditional on that. You should ask for their insurance details so you can make the claim and make it clear that until that is done you will withhold the balance because as far as you are concerned you are currently in loss due to the damage caused by them You can take the matter through the Removals Ombudsman - this is the regulator for the removals business and they can get involved and try to resolve this and even issue a binding decision. It is a free service so you have nothing to lose by trying itif all else fails you have the option of withholding the balance to cover the damage caused. If there is more outstanding s the damage was greater than what you have withheld you can consider going down the small claims route to recover the remainder. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to go down the claims route, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.