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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74358
Experience:  Qualified Solicitor
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I had my sofa cleaned by enviro clean and they left my sofa

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Hi. I had my sofa cleaned by enviro clean and they left my sofa ruined as it has got patches where the colour has come out. They say that they have spoken to their insurance company and they wont pay to re cover as there is no proof it was accidental damage as they believe it's the stains that were on there that has taken the colour out. Can I enforce them to pay?
JA: Where are you? It matters because laws vary by location.
Customer: Hampshire uk
JA: What steps have you taken so far?
Customer: I text them to ask what they were going to do that's ot
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Hi Charlie. I think I have been very patient about the problem with my sofa but after speaking to others about it I now feel that it's time for this to get sorted. This is up to you to pay to sort out whether it's out of the business or you claim on your insurance. I dont want to wait any longer for your insurance company to mess about it is accidental damage as you didnt mean it to happen and that's why you have insurance. Please can you get back to me with intention to correct this asap thank you
julie Lankstead That's my message to them

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long ago was this?

and are you able to obtain an independent report on the patches that have occurred since the clean?

Customer: replied 1 year ago.
At the beginning of lockdown
Customer: replied 1 year ago.
I have photos of before and sfter
Customer: replied 1 year ago.
This is their last message to me
Hi JulieAs explained via phone call, the insurance will not take this on as a claim as there were marks there prior to the clean and we believe that these have stripped the colour in the pattern of the sofa as the products we use would not have had this effect on your sofaApologies, but we cannot help any further as we have already been back once to have a look at the sofa for a closer inspectionRegards *****

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. You cannot force them to pay at this time and all you van do is continuing making such requests and negotiating with them. In the event that you cannot reach an amicable solution, you will have to consider taking this further legally.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 them for the compensation in question. 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 a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Does this answer your query?

Customer: replied 1 year ago.
Ok thanks

All the best

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