Help! Removal Men damaged wall and won't pay up - what to do?

[webminx]

Hello,
I'm relatively new to MN, depsite lurking a fair bit. I'm hoping someone can help me/advise on how best to proceed. We moved house last Friday. Used local removal company on a recommendation. They were ok until they tried to move a treadmill (!) up a flight of stairs. Foreman misjudged it and became very defensive when it became obvious he had a) damaged the wall and b) would have to take treadmill apart to move it, despite us having been able to move it in originally in one piece. I went out with our baby at this point for a walk and when I got back, OH had signed some piece of paper the foreman had given him, which stated that they had attempted 3 times to move the treadmill and had only tried again on customer's insistence. This was untrue - he had damaged the wall on the second try before he even drew our attention to it. OH feels pretty silly for having signed it - said the whole situation was getting v stressed and fraught and we were getting pushed for time to complete by the deadline. Foreman says they won't pay it, and that they could charge me for extra time it took. I countered with the fact that they had quoted for the job and seen all that had to be moved, so any issues with the time/effort involved on the day would be down to their assessment. Can anyone help me on how best to proceed from here? I took a photo of the damage. Do I write to the removal company? Wait for the buyer of our old house to complain/send us a quote for the work? I'm bit lost on this one so any help would be much appreciated. Apologies for the epic saga ;-) Thanks, webminx

You might not have much luck if you have signed something

However it may be worth contacting the regulators - were your removers signed up to any of those organisations that govern removal companies?

From what you have said it sounds as though you might have signed away your right to compensation, which is a real bummer - but I hope it won't cost too much to sort out, anyway. Good luck.

That's what I'm worried about... OH says it was just a scrap of paper the foreman wrote out rather than a "real" contract, but can't believe he signed anything tbh! Grrrr.... That's a good idea re the regulators, thanks S445, will take a look. Do you know what the general procedure is for removal men damage - do I wait til our buyer complains/sends us a bill for the damage? Or do I crack on and complain to them directly first?

Not being a proper contract doesn't matter I'm afraid, it's still viewed as binding (unless a real lawyer wants to come along and correct me). How bad is the damage? I would wait until the buyer complains tbh.

What does the thing your OH signed actually say? If they damaged the wall on the second try then it's not directly relevant or not whether the fourth try (after they had damaged the wall) was at customer's insistence, surely?

It's hard to say, isn't it? It was a 3-line typed statement on a small piece of paper - looked like it was torn off a full size page, according to shamefaced OH. It said: We tried to move the item 3 times without success. We tried a final time at the customer's request.
That's it really. And they damaged it on the second attempt, apparently, by trying to forceably drag the thing around the stair corner... Is bit of a mare, really, as they also dismantled the treadmill and is now unusable. On the bright side, have to admit, though, am secretly rather pleased treadmill out of action as will no longer sit in the corner draped with drying laundry, mocking me ;-)

Paper sounds pointless if it doesn't mention the damage. What does it say in your original contract re damage? And how bad is it?

at mocking treadmill!

Original contract states "If we cause loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract, our
liability shall be limited to making good the damaged area only.
10.1.2 If we cause damage as a result of moving goods under your express instruction, against our advice, and where to move the goods in the
manner instructed is likely to cause damage, we shall not be liable.
10.1.3 If we are responsible for causing damage to your premises or to property other than goods submitted for removal and/or storage, you must
note this on the worksheet or delivery receipt as soon as practically possible or within a reasonable time. This is fundamental to the
Agreement.".

So, first bit a bit ambiguous in this situation, I think as there was no contrary advice from them re the treadmill and the last bit means, as far as I can understand, that I need to notify them ASAP if I want to complain/claim about the damage.

And I thought using a removal company would make the move with a 5 month old a little LESS stressful. Their box labelling was also rather "cryptic" so have spent entire weekend rummaging through boxes labelled "odds and sods" and "bits and bobs" to find the toaster....:-) Oh well, wish me luck!

If I was you I would hang on until your buyer makes a complaint - you may be worrying about nothing. Your buyer might just see it as a moving house injury and just put up with it, making it right themselves. I don't know when you moved but if they were going to complain it is normally straight away and I think you would have heard by now via your EA. Sometimes we can be too quick to do things when just standing back and taking a breather things sort themselves out anyway.

Hi,
my wall was damaged little because of moving things by a company. Can you give me a quote how much it comes in price so I can claim? Photos are attached

I want a quote please so I can claim

I want a quote please so i can claim. This was a small damage of wall happened when house moving from a company person.please help me to get quote.