Clean It Up
UK Floor Cleaning Forum => Carpet Cleaning Forum => Topic started by: Tony_C on June 09, 2013, 11:28:35 am
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I cleaned a carpet to quite a large lounge/diner, customer very happy, I leave and I get on with ridding the rest of the nation of dirty carpets, then, 8 months later I get an email saying that there was varnish staining under a corner unit (we did not move or clean under this unit as it was full of glasses) (unit not on legs but small feet, cabinet virtually flush to the floor) he claimed we were responsible and asked for us to fix the issue. I go to customer’s house – he appears to have a hostile attitude as soon as I arrive, after inspecting the staining I explain that we are not responsible as moisture would have had to travel 18 inches from where we had stopped cleaning along the carpet and under the cabinet in order to reach the back foot, customer not happy with explanation, say’s we are responsible as there is no other explanation, anyway, things get a little heated, I offer to attempt to remove staining as a gesture of good will but without guarantee, customer agrees and leave’s room mumbling under his breath - I attempt stain removal but as expected to no avail, tell grumpy there is nothing more I can do and leave.
Several acrimonious emails later, he has obviously been doing some research (floored in my opinion) stating that capillary action following carpet cleaning is the cause, and is now threatening legal action. My final comments to him were that he is being ridiculous and to go ahead with legal action as I wanted to make a counter-claim for the amount of my time that he has wasted.
Your thoughts appreciated.
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Talk is cheap so I would wait for the next instalment but in the mean time I'd look at YouTube insurance from a legal angle to check if they will represent you or any other bodies you may have joined to see if you get free legal cover.
Shaun
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Sounds like one of these numpty customers that come along every now and again.
Eight months down the line! I think he is on tricky territory trying to convince a court that it's your fault.
How did he find the stains, did he move the unit?
What a lot of people don't realise is that it is all very well taking you to court, that doesn't mean they'll win and if they lose, they can be liable for their own and your costs.
My son's a commercial litigation lawyer, so people like this are food and drink to him so I'll ask him later about this.
Simon
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Staining can occur just with atmospheric moisture.
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I'm thinking I would do like you did and go have a look. If they were still arsey after chatting to them I would have just left without trying to fix it and say I'll speak to my insurance company. Then I'd let them sort it out saying i think the blokes an idiot. Then just forget about it.
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how do they or anyone else for that matter know if the stains were apparant before you even got there in the first place, whats to say the cleaner before you didn't do it or a knocked over glass of water? I'm cleaning a house tomorrow where the previous cleaner has left marks where the settee goes, didn't put blocks down after the clean. idiot.
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Keep the emails just in case. ;) It a bit ironic some join trading standard, checkatrade ect but no one vet the Clint ??? ;D
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2 ways that mark appeared, there own drink spill, or as John points out moisture in the atmosphere.
You can't say no way he could not win in court, but I'd say you have a good Argument. 8 months after work finished for starters.
I'm quite new to the forum, but just wondering if you guys get a liability signature before works. Nothing but good can come from this, looks professional, and stops chancers trying it on. If your interested I'd be happy to send you our terms on a email and you can pick what you like, and add to your company literature.
Mark
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yes please mark . i'd love a looksee at that.
thecleaningbloke@live.co.uk ... cheers. dan
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Sent dan, let me know if not appeared
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got it mark.. cheers mate :)
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Hi Guys
The capillary action argument is spurious in this case.
How on earth could he prove you left the carpet wet, as has been mentioned might have been a spillage, previous or subsequent clean or dampness from walls, floors etc.
The time lag is far too long and the technical argument too weak.
I think you should just tell him to do what he wants, and that you will vigorously defend yourself with help from your trade association.
Cheers
Doug
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Thanks for replies, most of what has been said above was my thoughts but it’s reassuring to hear it from others.
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I have a Law degree (albeit it was a long time ago)
You have nothing to worry about whatsoever - he would never win in a million years in court based on the facts as you have stated them. He would have to prove "factual causation" and he wouldn't be able to.
Owen
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Tony, I'd have thought one of your best defences would be to say 'I've been cleaning carpets for x years, and haven't had this issue with any other customer in the past' and go on to describe your cleaning process and how it minimises this type of potential problem (professional HWE machine etc)...
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All your actually supposed to do is take professional care. If a secondary problem arises having cleaned a carpet it is highly questionable whether or not it is your fault and for this guy to make a successful claim against you he would have to prove negligence when the chances of what has happened occurring is a million to one.
Simon
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show up late one night in a scream mask and an axe..........................me thinks it will be his pants that will need the stains removing
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might be simple solution tell him to f...off!
thank you and now a song
gary
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I'm worried that by attempting to clean the stain as a good will gesture, the customer might see this as an admission of guilt.
I think it would be very unlikely given the time frame that the customer would have any success in court. As the onus is on them to prove you to be negligent.
Alby
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I had a job once where i was cleaning the carpets for this lady as she was moving house down the road abot 10 houses down.... I did them both.... but the one where she moved "From" was a bit unnearving, as the clean was going very well & at the end of the job (By now it was dusk outside) she came to the house to inspect my work... & picked up on something that i had not noticed before or during the clean... there appeared to be some kind of big grey/dark stain that had developed in the middle of the carpet (about the size of a dustbin lid...) she pointed it out to me & was really moaning about it... (tbh i was poopeing myself a little) I Really could not understand it at all!?!? I explained that there was no logical reason for this mark to be there, as she was insinuating that my machine was responsible... I explained that my machine "Extracts" dirty water, not Puts it there & i was really puzzled by this for about 20 mins or so... trying to work out what had happend, meanwhile the woman was thretening to not pay me & everything... Until I moved back to pan out my view of the whole carpet & my body cast another Fricking Shadow caused by one of her light shades!!! Bloody Woman was trying to screw me out of paying me by making out the shadow was a fricking stain! she didnt even apologise when i pointed this out to her by doing "Shadow Puppets" on the floor.... some people eh!.... She got me good though... :) heart attack.com