Harringay, Haringey - So Good they Spelt it Twice!
Rogue Carpet Shop.
I had a stair carpet laid on the 14th February by a local Carpet Shop. In the process of doing this, he somehow managed to cut my Alarm System wire. He realized immediately what had occurred, after the alarm went off and informed me that he had "nicked the wire." I contacted my Alarm Company, who informed me the cost would be £83 / hour plus VAT. The Alarm Company found that the wire had been cut in three different places, despite not being concealed. The total cost of the repair was £199.20 and now I cannot contact anyone from the Shop, they are not replying to my messages and are rarely open. I have been in contact with the CAB for advice. I am really annoyed, because I was trying to help local, small businesses this year and this happened. I have not put in the name or address of the Shop, in case it is not allowed on this site.
Replies to This Discussion
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Permalink Reply by Philip on
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That seems clear enough. It seems the original poster might reasonably give the name of the business since they have not responded to his queries. Of course he could post it and see if Hugh agreed!
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Permalink Reply by Jane Bain on
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Thank you all for the advice given.
Chris - I paid cash as requested by the Shop.
EMC2 - This was the advice given by the CAB. I have written the letter and will be sending it by recorded delivery on Monday.
Hugh - Thank you for the clarifications.
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Permalink Reply by Martin (Woodside) on
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From previous 'hands on' experience, carpet fitters cut through telephone extension cables on a regular basis, many fitters (probably most) are self-employed and are contracted to more than one shop so they should have public liability insurance. The shop may tell you to claim against the fitter and not the shop, but I'm unsure of the legal position on this.
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You are correct Martin. On the day it happened the Fitter told me he had his own insurance and would claim on it. A few days later he said his excess was £250 and because my invoice was lower, he would have to pay the bill personally. Then he stopped taking my taking my calls or responding to my texts. I was extremely fair to him and said he could pay it at £20 / week, if this was easier.
My agreement was with the Carpet Shop, I did not employ him. I feel they should have some responsibility as well, even if it is just ensuring that he pays for the damage.
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Sounds like you're already at the stage that it's time to submit a small claims which you will have to make against the shop. A's you say your contract was with them...
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No Antoinette. The CAB said I have to give them 14 days from the date of my letter informing them of my intentions to pursue it legally. This will be enough time for them to respond and reimburse me before any action is taken. Hopefully, the outcome will be positive either way. I shall keep you all informed.
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You also would want to say in that letter that it is being sent in connection with the Pre-Action Protocols of the Civil Procedure Rules. You don't really even need to wait though before you file the claim as not complying with the protocol only means you can lose costs awards which aren't generally relevant in a small claims action anyway. But, still, it would look good to a judge to say you tried.
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Sorry, Knavel, I wish I had seen your advice before posting the letter early this morning. I paid £6.45 for the special delivery service so hopefully will get this back as part of my claim. Thank you for taking the time to assist me.
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I'm sorry to hear this, and it sounds like you did the absolute right thing by sending them a letter before action.
Could you send me the name of the shop on a personal message of you cannot post it so I know who to avoid please?
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Permalink Reply by Hugh on
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Just to be clear, our terms and conditions (as reproduced above) do not prevent members naming businesses where there is a legitimate consumer concern. However, members are responsible in law for any postings they make.
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Thanks Hugh. I shall wait and see how it all develops before making a decision on naming the Shop. I have given it privately to anyone requesting it. I feel if I name them on this site and it affects their business, it might make it more difficult for them to settle my claim.
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