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Cleaner damage

(43 Posts)
jugglingmonkey Mon 27-Jul-15 12:05:40

Just a quick one, my cleaner damaged/shrank a few of my delicate items in the tumble dryers few weeks back (and broke a photo frame). I'd left a note saying do not put washing in the dryer. Her English is basic but ok.

Afterwards I contacted the agency who apologised profusely and asked for the value of the items. I thought they handled it very professionally.

The total amount equalled the same as our monthly bill, so we agreed to call it quits, I just wouldn't pay the last invoice (and went on to find a new cleaner).

Now the agency still haven't returned my keys. They now say they want to take away the damaged items. That the cleaner responsible is paying the damage and so only fair she should take the clothes.

Someone please tell me this is crazy? I'd far rather donate them to charity, or even to a friend! They don't now belong to the cleaners do they?? Surely an agency should have insurance for this?

KoalaDownUnder Mon 27-Jul-15 12:11:02

Yes? They've paid for the clothes (insurance or otherwise, doesn't matter), so they own them.

If you won't give them the damaged items, how do they even know your claim is legit?

iwantavuvezela Mon 27-Jul-15 12:14:31

Yes agree with Koala, they refunded you for the items, so the cleaner could at least have the items she has effectively paid for. I don't understand why you would rather give to w friend or donate rather than to the person who has admitted liability, and paid for them. I am sure losing s months salary would be tough for anyone.

jugglingmonkey Mon 27-Jul-15 12:15:36

I've said she's welcome to see them/take any photos when she drops off the keys.

She isn't but in my clothes... It's compensation, surely?? Not the same thing!

jugglingmonkey Mon 27-Jul-15 12:16:34

*isn't buying

KoalaDownUnder Mon 27-Jul-15 12:18:51

If you break a $100 vase and give the owner $100 to replace it, you then own the pieces of the broken vase. Same principle here.

jugglingmonkey Mon 27-Jul-15 12:19:54

Really?? But this is a company paying compensation - different I think, no?

AnyoneForTennis Mon 27-Jul-15 12:24:54

Why are you so determined to hang onto them? Did you exaggerate the damage?

jugglingmonkey Mon 27-Jul-15 12:27:28

No, but I'm pregnant so it's hard to determine whether I might get into a particular jumper again... Two of the items are underwear, I don't want to hand those out to my cleaner!

jugglingmonkey Mon 27-Jul-15 12:28:01

Also going to post this in legal matters, interested in what the professional opinion is!

Epilepsyhelp Mon 27-Jul-15 12:31:49

So you want the money for it but also want to keep it to wear again? That's not really fair is it.

Lezprechaun Mon 27-Jul-15 12:32:15

I agree. If she has paid the full value for the damaged items then they are now hers. If the items are damaged but still usable as you suggest she should have paid some compensation but not the full value as you havnt lost the full value of the items. I think you need to agree a refund or hand the items over.

SaltyandSweet Mon 27-Jul-15 12:38:31

You shouldn't be asking for "compensation" for something you clearly think you can still use. Pretty obvious really hmm

TreadSoftlyOnMyDreams Mon 27-Jul-15 12:41:16

The cleaner has in all likelihood had it taken out of her wages

Floggingmolly Mon 27-Jul-15 12:43:24

Compensation is for the loss of the items, or their replacement value. Can you seriously not understand that you don't get to keep the original items as well?

Floggingmolly Mon 27-Jul-15 12:45:37

If the clothes are still wearable you've got a bloody cheek claiming for them hmm. The cleaner has had the value deducted from her salary; and you want to keep it in case it'll still fit at the end of your pregnancy???
Shame on you.

Epilepsyhelp Mon 27-Jul-15 12:47:36

To be fair I can't see a legal basis for you having to give them the items, they needed to agree that at the time if that's how they wanted it to work.

jugglingmonkey Mon 27-Jul-15 12:51:43

One jumper that is definitely damaged and has shrank, but I might squeeze into, post baby... The rest is damaged without doubt. Some of these items are my underwear FGS, why should the cleaner be able to remove them from my possession?? It's the principle I'm interested in. If it's compensation, and the agency do have insurance - or so their website says, then why does said cleaner get to take the clothes??

ImperialBlether Mon 27-Jul-15 12:54:37

I imagine they are checking that you are telling the truth. You can't have both the money and the item - how is that fair?

UrethraFranklin1 Mon 27-Jul-15 12:56:46

They just want to know you weren't lying to get the last months bill free. Seems sensible.

gamerchick Mon 27-Jul-15 12:59:25

Are you pulling a fast one?

If that's what it seems here then you can be sure it'll say the same thing to the agency and the cleaner who has lost a months wages over it.

AnyoneForTennis Mon 27-Jul-15 13:04:00

So it's maternity underwear?

SuburbanRhonda Mon 27-Jul-15 13:04:06

Underwear is just underwear, surely? And they've obviously been washed.

Unless it's "special" underwear, OP? grin

jugglingmonkey Mon 27-Jul-15 13:09:03

I don't want the poor cleaner to pay for it! It was a mistake but the agency claim to have insurance!

I want to know why I'm being asked to handover my smalls if they've got insurance! They are welcome to see the items, then they can go in the bin/to charity.

They have only started this since I asked for my keys back. Up until now they couldn't have been more apologetic.

snala Mon 27-Jul-15 13:10:03

You can't claim compensation for something that you are still able to use op!
If it's still wearable why do you need compensating? confused

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