Odd situation relating to a claim

chrisjones · 05-10-2010, 23:37

Hi,
Long story short, Carpet Fitter dropped my second hand Xbox 360, send said Xbox away for repairs as advised by the carpet shop. Repair company say they cannot repair it due to 'modifications' made by the previous owner (Ive no idea what they did but im guessing extra cooling etc.). Prior to it being dropped it was fine, but as it cant be repaired due to the modifications where do I stand?
I had a working modified Xbox that cant be repaired (or at least at sensible costs) that is now not working due to carpet fitter dropping it.

Repairs were initially estimated at £50 + VAT (before they adimitted to not being able to repair it). Do you feel its worth agreeing to accept that amount and buying another second hand OR pushing for a replacement new?

Acathla · 05-10-2010, 23:41

My thoughts would be that the carpet shop should have adequate insurance to cover these things since they have people going into homes. Although, maybe it's not really the carpet fitters job to move things and maybe he wont be covered for that??

I would charge them exactly what it will cost you to replace like for like and if new is all you can get then they should pay up the full charge.

Flyboy · 07-10-2010, 21:42

Who employs the carpet fitters? Are they sub-contractors, contracted by the shop, or by you? Be careful not to get fobbed off with excuses by who employed them.

I think a fair compensation would be to ask them to replace the XBox at it;'s second value. Perhaps a good look at E-bay or Amazon will give you an indication of what you should ask for. How much did you pay the console?

martyh · 07-10-2010, 21:52

The carpet shop will have insurance (public liability)if the fitter is a subcontractor to the carpet shop he must by law have public liability insurance .If the fitter is employed by the shop then the shops insurance will cover it but only to the value of the xbox any extra to cover a new one would be goodwill by the shop .

It has to be said that when i enter peoples house to fit windows i insist on them moving items from around the window area as insurance companies can be funny and want to know why the area wasn't prepared properly prior to my arival .

Flyboy · 07-10-2010, 21:54

But very often, the fitters are paid directly by the householder, rather than the shop. The excuse shop gives is that their only part is making the arrangements for your fitter to come around and fit the carpet.

martyh · 07-10-2010, 21:59

Quote:

Originally Posted by Flyboy

But very often, the fitters are paid directly by the householder, rather than the shop. The excuse shop gives is that their only part is making the arrangements for your fitter to come around and fit the carpet.

very true flyboy ,this counts in a lot of trades including my own ,kitchen fitters ,bathroom fitters ect in these cases it is upto the householder to make sure the tradesmen have adequate insurance .Having said that it is also upto the shop to make sure that tradesmen they recommend have said insurance ,mine gets checked every 12 months

Flyboy · 07-10-2010, 22:08

Indeed it is. But I think that trading standards take a dim view of carpet shops in particular using the well worn excuse of the householder being responsible for the actions of the fitter. If the shop always "recommends" the same fitter, trading standards tend to err on the side of the householder.

Yes the householder should check that he trademan has relevant insurance, but nonetheless, the fitter should still carry adequate cover. If not, the householder's own insurers should be able to cover the claim of a new games console.

martyh · 07-10-2010, 22:14

Quote:

Originally Posted by Flyboy

Indeed it is. But I think that trading standards take a dim view of carpet shops in particular using the well worn excuse of the householder being responsible for the actions of the fitter. If the shop always "recommends" the same fitter, trading standards tend to err on the side of the householder.

Yes the householder should check that he trademan has relevant insurance, but nonetheless, the fitter should still carry adequate cover. If not, the householder's own insurers should be able to cover the claim of a new games console.

as an aside ,the hmrc take a dim view of any subcontractor continually being used by one company as well as they deem him /her employed directly by the company/shop it does take extreme measure these days to maintain a self employed status

beeman · 08-10-2010, 08:09

Any claim you have will totally depend on the terms of your fitting contract. As a carpet fitter my self for a well known national retail shop our terms are quite clear. It says 3 times on the customers contract/invoice "rooms should be clear of ALL furniture and old floor coverings prior to the fitters arrival". Failer to abide by this could severlly limit the fitters liability.

I remember a case at my store a few years ago a fitter smashed a TV that was in the room he was working in, The insurance company refused to pay out as the customer didn't fulfill their contractual obligations (remove all furniture). It went to court and the fitter/insurance company won the customer had to pay for a new TV themselves.