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Legal matters

Some advice RE workman damaged my sofa

4 replies

SsshImNotHere · 11/11/2012 07:47

Hello

I was wanting some advice on what is my rights about a workman (from a large company) damaging the sofa.

www.mumsnet.com/Talk/_chat/1605930-Workman-damaged-my-sofa?msgid=35323088

He has admitted it and the "Boss" of the company came out on Friday (3 days afterwards) to inspect the damage.

The "Boss" said "I will offer you a cash settlement today to have it over and done with, or we can go through the insurance and claim for a new sofa. Just remember Christmas is round the corner and you have a little one and a new one on the way, that hole wont rip or become worse, also as you have the little ones the sofa wont look new for much longer"

DP and I couldn't decide so we asked for an hour or so to talk it through. DP asked "If we accept the cash, when would we get it?" the "Boss" said "a few hours later"

DP and I spoke about it and we decided to accept the cash settlement.

DP phoned the company and the woman on the phone said "XXXX is not in the office, he will call back" No call back. DP called back a few hours later still the same.

At 4pm the "Boss" called back and said the Directors had gone home so he will have to see them first thing Monday Morning" We got another call back 10mins later saying "It will be late Monday Morning that we will get the cash to you" then another call 15mins later saying "It will be late Monday Afternoon you will have the money it will also be £80-£90 "

DP and I have thought it through fully now and as we have had the times changed constantly I doubt we will get the money on Monday. Also thinking about the "Boss" attitude along with the fact the sofa is 12weeks old has made me change my mind and I want the new sofa. Also the price they have offered has changed and it's not even a 1/3 of the overall price.

So I was wondering what could we legally claim? The sofa will be 13weeks old on Tuesday, it is a 3 and 2 seater (3seater is damaged). The sofa is leather and we bought it from a shop on Ebay which has told us the cost including delivery for the 3 seater is £280 or the full lot is £390 (which we paid) or shall we just accept the £80-£90 and live with a hole?

We are also tying to get in touch with the Housing Assignation as the HA sent this company to the house but as the HA is only open a few days a week for a few hours it is hard to get in touch unless it is an emergency which this isn't.

I have got photos of the damage I will try to put them on my profile.

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RedHelenB · 11/11/2012 07:51

I think the insurance would only cover the sofa that was damaged, not both if them. IMO if you can't see the hole I would take the cash because nothing stays looking new for long but if it will really bug you you need to go through an insurance claim.

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Alad · 11/11/2012 07:52

You probably have a claim. Maybe not for a new sofa, but for a repair to make it in the state before the damage. Of it can't be repaired the perhaps a new sofa. The company should do this (they will be insured). If they don't play get it repaired yourself then Sue them in the small claims court. Very cheap & easy to do!

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SsshImNotHere · 11/11/2012 08:13

I've put the photos on my profile.

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SsshImNotHere · 11/11/2012 08:19

The main thing is I know the hole is there and it is bugging me. I think it is mainly hormones as usually I wouldn't mind this much about material things.

Thanks for your replies :)

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