Accused of damaging a hired digger

[Digdeep79]

Hi there
We hired a digger to sort our garden out readyffor new turf. It's not a big garden and was a simple job.

When the digger arrived, it was filthy and the owner of the firm who delivered it apologised for that. Due to that, we couldn't see if the damage was there prior to us using it.

Anyway, he collected the digger and then today has messaged my husband (with photos of a dent and a scrape) to say that the digger got damaged whilst we were using it and he will be seeking quotes to get them fixed.

There is firstly no way that the damage was caused with us. We didn't do anything that could have damaged it.
Secondly, we didn't sign anything about the condition of it when it was delivered and nothing was signed when it was collected.

The damage was most likely already there or happened on the way back and they're trying to pull a fast one to get us to pay.

Where do we stand legally with this? It's not a big business that we hired from, just a local man who hires out some equipment.

Thanks

As there was no evidence of the state it was in when you took possession of it I reckon you're OK. Did you pay a deposit?

Not an expert but I’d say they don’t have a leg to stand on. Scrapes etc would come under “fair wear and tear” for machinery hired out for building work. And they have no proof you did it as they didn’t get you to sign anything at pickup or drop off. The damage could have been done prior to you hiring it or after they took it away. Just tell them you didn’t do the damage and you won’t be paying anything.

Thanks, that's what we've been thinking. Not to mention the fact that he genuinely couldn't have done the damage!

Ps. No deposit paid