Interested In Advertising? | Contact Us Here
Warning!

 

Welcome to Clean It Up; the UK`s largest cleaning forum with over 34,000 members

 

Please login or register to post and reply to topics.      

 

Forgot your password? Click here

Neil Jones

  • Posts: 1592
Claim
« on: March 21, 2014, 05:39:03 pm »
After some advice.

We do domestic cleaning as well, recently we carried out an end of tenancy clean for someone through an estate agent we work for.

I had two reliable members of staff on the clean, when we got there the cleaner had been instructed to call the landlord to talk through how to turn the water on, which she did and then got on with the clean.

30 mins later the optician downstairs came up and said water was coming through the sealing, quite a lot. The cleaner turned off the water and rung me so I ring the landlord.

Basically he's refused to pay the cleaning bill and now sent me an invoice for £484 damages to the opticians, plus he said he would be willing to knock the cleaning payment off.

I've spoke to both my cleaners who I trust a lot, one of them does a lot of admin and banking for me so I know when she says they did nothing it's the truth.

A few things don't add up, the estate agent said it's the first time they've dealt with him and he's a bit weird, they said he personally requested my number instead of going through them, when I called him about the flood he said 'oh I'll see if I can get up, but just carry on cleaning', he had no urgency or sounded shocked.
He hung up on me then ignored my calls, he refused to pay for the cleaning but now accepts in a way he will, and he's trying to say the flood occurred because we left a sink to over fill, bearing in mind the whole sealing came down below within 20 mins of turning the water on.
Also he's trying to claim £20 in cash for what he paid the plumber with no invoice.

What should my reply be?

Neil Jones

  • Posts: 1592
Re: Claim
« Reply #1 on: March 21, 2014, 05:45:09 pm »
One other thing, he wouldn't allow me back to the property to view the damage.

Mike Gwilliam

  • Posts: 1343
Re: Claim
« Reply #2 on: March 21, 2014, 05:48:54 pm »
What caused the water to come through the ceiling and where did it come from?

If you've turned the water on as per instruction and it came through the ceiling through no fault of your own then you are probably not liable and I would be demanding payment.

jim mca

  • Posts: 827
Re: Claim
« Reply #3 on: March 21, 2014, 05:52:40 pm »
if a sink overflowed why did he need a plumber  :(

Darran Pryce

  • Posts: 602
Re: Claim
« Reply #4 on: March 21, 2014, 06:07:40 pm »
It's up to the landlord to make sure the property is fit.  If he told you to turn the water on and you did (and it didn't overflow) then it's obvious the water came from another pipe under the floorboards.  If that is the case, that's not your fault.  Tell him you will take legal action if he doesn't pay.   

Craigp

  • Posts: 1272
Re: Claim
« Reply #5 on: March 21, 2014, 07:19:01 pm »
So will the optician let you in to see the damage?

John Kelly

  • Posts: 4461
Re: Claim
« Reply #6 on: March 21, 2014, 07:20:14 pm »
Tell him you accept no responsibilty for the flood and unless your bill is paid you will take legal action for recovery. Do this in writing not verbally.

Simon Gerrard

  • Posts: 4405
Re: Claim
« Reply #7 on: March 21, 2014, 07:40:57 pm »
Neil,
How much is your bill?
I think I am right in saying that he should have invited you to the property to look at and discuss what happened and what damage was done, to provide you with the opportunity to put it through your insurance. If he has had the work done and if he considers you liable then he should have spoken to you in advance and explained the likely costs.


Simon

Neil Jones

  • Posts: 1592
Re: Claim
« Reply #8 on: March 21, 2014, 08:09:03 pm »
The cleaning cost is £120 he is saying cost is £484, frustrating also that part of the cost are for a carpet and upholstery clean (£147) in the optician.

I didn't ask the opticians to view the damage, maybe i should have.

I'm insured and if ever anything happens I correct it or refer to my insurance, only once in the last ten years have I nearly made a claim but I managed to correct it. I'm obviously fair with customers and I will openly admit when something is my fault but this one I just won't accept.

I'm 100% certain really that the flood wasn't caused by a sink, so are my staff, yet he is adamant it was.

I appreciate the replies, I think I might reply with, I will not accept responsavility and I will still be seeking payment for the cleaning.

He never consulted me about the repairs, they have just been done and then invoices passed to me. Makes me wonder how it's been paid, because the optician wouldn't have paid and then claim back, he would have demanded payment upfront or insurance and I'm fairly sure he hasn't paid it and now trying to claim off me.

david@zap-clean

  • Posts: 684
Re: Claim
« Reply #9 on: March 21, 2014, 08:10:35 pm »
If you suspect fraud you should ask the police for advice.
David @ ZapClean
www.zap-clean.com

Craigp

  • Posts: 1272
Re: Claim
« Reply #10 on: March 21, 2014, 09:23:28 pm »
Why was the water off in the first place? That's very unusual.

jim mca

  • Posts: 827
Re: Claim
« Reply #11 on: March 21, 2014, 10:15:09 pm »
Are you a member of any organisations with a legal helpline then give them a call and they will talk you through what to write as it can make a big difference to the outcome

adrian marsh

Re: Claim
« Reply #12 on: March 22, 2014, 08:36:31 am »
If he wasn't there, how does he know the flood was caused by the sink overflowing? In any event, it would take more than that to bring a ceiling down in 20 mins. Who was the plumber he used? Does the agent know which plumber he used? Or was it his brother who did the repair?

Not letting you back into the flat to inspect the damage? Call me old fashioned but there's a very smelly rat lurking around this one.

As far as legal action is concerned, how much hassle do you want for £120? Call his bluff by all means, which in my opinion is what he's doing with you (and other people) but, I'd be tempted to put it down to experience, call him several nasty names and move on.

Neil Jones

  • Posts: 1592
Re: Claim
« Reply #13 on: March 22, 2014, 06:40:54 pm »
I smelt a rat immediately Adrian. TBH I agree, I wrote the £120 off for cleaning a long time ago. I've just sent him a letter so we will see if he drops it, but there is no way I will accept liability because its just lies.

adrian marsh

Re: Claim
« Reply #14 on: March 22, 2014, 06:58:47 pm »
Don't blame you Neil. You try to decent with people, but some just push it too far. Only had one fortunately, but the insurance company paid out because it was cheaper than fighting the case. Not even my fault either; a pet stain that her neighbours dog had made. Told her there were risks but no, she wanted it done anyway. Flippin dogs.

Keep us upto speed with how you get on Neil. And try not to punch him. ;D

Paul Redden Countryfresh

  • Posts: 773
Re: Claim
« Reply #15 on: March 23, 2014, 08:52:47 pm »
Wonder if a washing machine waste discharge fitting on the sink trap was left exposed by previous
tenant when he took his machine. so emptying buckets and using sinks caused problem. ???
still not your problem tho.
"So basically its a big vax!"

Richard S

  • Posts: 61
Re: Claim
« Reply #16 on: March 24, 2014, 06:59:33 pm »
Tell him you are fully insured and if the blame was to be on yourself the need for your insurance company would have needed to have dealt with it. As he choose not to allow this and took it upon himself to deal with how can you be responsible. Now as for the payment advise him you may have to place a ccj for none payment within 14 days and forward copies via email to a 3rd party informing of your action.
this will usually prompt a quick reply.
if he say's he's not paying send another letter stating the same advise that if payment is not made bla bla 14 days.
After this if need be do a 7 day letter then contact a day or 2 before the 7 days are up.
Ask if he has decided to pay as your payment reinforcement agents will be instructed on the due date.
I have only ever got to stage one. they usually pay with a back dated cheque just before the 14 days showing the first day they would have had the letter. Strange bad payers aren't they