Neil Grainger

  • Posts: 1273
Customer accused me of property damage
« on: August 12, 2010, 09:01:04 am »
Hi All

Got home last night from work to message from Customer of cleaned for accusing me of damaging their floor tiles in the r entrance to the house. Apparently something has smashed them and bits have broken off. Their is no sign of any broken bits around the area.

I can assure everyone that I did not do this. Customer has since stopped cheque that i have already paid in yesterday afternoon.

Advice sort as I have never been in this situation before.

Regards

Neil

Phillip Mold

  • Posts: 594
Re: Customer accused me of property damage
« Reply #1 on: August 12, 2010, 11:24:27 am »
Are you an NCCA member? they have legal assistance.

Doing the best job in the world as well as I can

Joe H

Re: Customer accused me of property damage
« Reply #2 on: August 12, 2010, 12:15:43 pm »
had you used the r entrance?

was the custy there whilst you were?

Neil Grainger

  • Posts: 1273
Re: Customer accused me of property damage
« Reply #3 on: August 12, 2010, 01:41:53 pm »
Custy was their whilst i cleaned, i had machine on driveway about 5 ft away from door and just had hose coming through front door. No damage was done at all to floor whilst i was at the property.

Not a member of NCCA but can ge legal advice if needs be.

Colin Day

Re: Customer accused me of property damage
« Reply #4 on: August 12, 2010, 02:22:02 pm »
My heart sank when I read your post Neil.

It's an awful situation where you start doubting yourself... I would ask if you can inspect the damage and at least asertain as to whether or not the damage is recent or not and whether there was any clear evidence to clear yourself... Some of them try it on so much.

Did they ask if you were insured when asking for a quote or anything? I tend to worry when they make a point of asking what's covered by my insurance :o Only happened on a couple of occasions I'm happy to say!

Joe H

Re: Customer accused me of property damage
« Reply #5 on: August 12, 2010, 02:32:48 pm »
Neil
Your first post talks about a r entrance - I suppose you mean rear.
This last post talks about you going through the front door with hoses.

Did you use the r entrance at all?

As Colin says, get back and look at the damage - does it look new damage or old?

Get a photo quick too.

Innocent till PROVED guilty.
If you not been thro that entrance or near it, how are you supposed to have done it.?

Neil Grainger

  • Posts: 1273
Re: Customer accused me of property damage
« Reply #6 on: August 12, 2010, 03:28:19 pm »
Joe

r was a mis type, its not rear entrance.

james roffey

Re: Customer accused me of property damage
« Reply #7 on: August 12, 2010, 03:35:39 pm »
Sorry to here whats happened, from a legal point of view stopping a cheque is only a criminal offence if she had no intention of paying, or had insufficient funds to honour the cheque.
so a tricky one to prove, but it would impossible for her to prove you did it, because you didn't.
it's just whether you want to pursue it, i would start by talking to her which i assume you have done already, them put it in writing denying any responsibilty, and giving her 14 days to meet payment, or be responsible for recovery costs on top of the amount due.
At this point you need to decide if you want to pursue further, if she has not already paid.
of course keep all corrospondence and remember what you say in writing may at a later date be scrutinised in court, so be seen to be fare and reasonable, judges dont like bloody mindedness, i dont suppose it will get that far though but worth remembering.

Good luck

shame you did not have your camera with you, a photo at the time would be handy could have used your mobile

stuart_clark

  • Posts: 1879
Re: Customer accused me of property damage
« Reply #8 on: August 12, 2010, 03:59:20 pm »
stopping a cheque ia an unlawfull act, but not a criminal offence, take them to court, they wouldnt have a leg to stand on, its for them to prove that you have damaged there floor and to take action against you if they think its your liability

clinton

Re: Customer accused me of property damage
« Reply #9 on: August 12, 2010, 04:01:54 pm »
Niel by looking at the damage you could have a look to see if it is fresh damage,maybe have a look at the area and see if all the pieces go together that were damaged..hope you get i sored mate as its not nice to be in this position..


james roffey

Re: Customer accused me of property damage
« Reply #10 on: August 12, 2010, 04:08:53 pm »
To be more precise, it is not a criminal offence to stop a cheque, BUT you can have no defence for doing so ???

I know its sounds odd but as they say "the law is an ass" you are in a favourable legal position, but i am sure you would rather just have the cleared funds

Paul W Jones

  • Posts: 158
Re: Customer accused me of property damage
« Reply #11 on: August 12, 2010, 04:38:20 pm »
Sound advice already.  Go back have a look at the damage and try to ascertain whether it is recent or not and speak to your customer.  Has anyone else done anything at the property recently?  Did they have the carpets cleaned after any building work?  Have they taken delivery of or removed any large items from the property?  You may well get a reaction when you start asking questions.  If you aren't responsible tell them that you will wait a short time before pursuing them trough the small claims court for your money.  They need to prove that this is down to you.

Mike Halliday

  • Posts: 11581
Re: Customer accused me of property damage
« Reply #12 on: August 12, 2010, 04:58:31 pm »
how much was the cheque for?

if its your word against theres, you will lose,

if they see stopping the cheque as settlement of the matter then drop it, but if they want further recompense fight your corner
Mike Halliday.  www.henryhalliday.co.uk

davids3511

  • Posts: 2506
Re: Customer accused me of property damage
« Reply #13 on: August 12, 2010, 05:07:42 pm »
how much was the cheque for?

if its your word against theres, you will lose,

if they see stopping the cheque as settlement of the matter then drop it, but if they want further recompense fight your corner
Wh6y would he, there is no defence to stoping a cheque. They would have to deal with the floor as a seperate legal matter.

Doug Holloway

  • Posts: 3917
Re: Customer accused me of property damage
« Reply #14 on: August 12, 2010, 05:10:37 pm »
Hi Guys

Two seperate issues

Stopping the cheque is unlawful and you will win the case.

As for the damage if you didn't do it then you have nothing to worry about, the onus is on them to prove you did.

Cheers

Doug

Neil Grainger

  • Posts: 1273
Re: Customer accused me of property damage
« Reply #15 on: August 12, 2010, 05:13:42 pm »
Mike

Surley if thats the case then everyone could do that, Pay for it, blame someone for it then cancel cheque.

Why would they anyone take his word over mine, No evidence that i did anything wrong.

I did not take picture as i did not realise there was a problem. It is certainley going to make me get cheques guarenteed in the future.

Kind Regards

Neil

Dave_Lee

  • Posts: 1728
Re: Customer accused me of property damage
« Reply #16 on: August 12, 2010, 05:32:35 pm »
Neil,
Why should you lose the job ticket when you have not done anything wrong. I bet these people try it on with all tradesmen.
I would send them a letter without mentioning the floor tiles or claimed damage, informing them that if they do not arrange for full payment to be made within 7 days, you will start County Court proceeding against them for the returned cheque (which you will no doubt receive from your bank).
As said already there is no defense in law for a bounced cheque for any reason, as a cheque is a 'promise to pay'. If there was a dispute, they should have allowed the cheque to clear and then pursued you for their money back.
Dave.
Dave Lee, Owner of Deepclean Services
Chorley Lancs. Est 1980.
"Pay Cheap -You get Cheap - Pay a little more and get something Better."

Joe H

Re: Customer accused me of property damage
« Reply #17 on: August 12, 2010, 05:42:55 pm »
how much was the cheque for?

if its your word against theres, you will lose,

if they see stopping the cheque as settlement of the matter then drop it, but if they want further recompense fight your corner
Wh6y would he, there is no defence to stoping a cheque. They would have to deal with the floor as a seperate legal matter.

Your correct David.
About 12 years ago I did a general house clean. Sent an invoice - client refused to pay. Said I had damaged her laminate floor (large gouge). She wanted my insurance details to make a claim.
I spoke to my ins broker, he said she is obliged to pay for the clean and make a claim off the insurance for the damage.
I followed thro on that advice. Told the ins company what had happened, completed forms etc.
I took her thro the smalls claims court and easily won.
Insurance company didnt pay up either.

Now two separate issues.
She is wrong to stop the cheque - you did the job and need paying. You can act if she doent pay.
Stick to your guns that you not responsible for the damage. She has to act if she feels its right.

Mike Halliday

  • Posts: 11581
Re: Customer accused me of property damage
« Reply #18 on: August 12, 2010, 06:53:23 pm »
Ok go for it,

its easy for everyone to tell you to take action to recoup your loss, its no skin of thier nose how much efffort it will take or if in the end you will win.

let me give you some more advice then get the most expensive barrister you can and fight it to the ends of the earth.

but really.......just take a step back and give it some thought, will it be worth it?

no one likes to lose money but the anguish this might cause should also be taken it account.
Mike Halliday.  www.henryhalliday.co.uk

clive ware

  • Posts: 540
Re: Customer accused me of property damage
« Reply #19 on: August 12, 2010, 07:03:19 pm »
I would copy all the replies here and send it off to her along with a letter if it was me.