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Damaged Bonnet


Zoot
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A delivery driver damaged the bonnet of my car during a pick up at my place of work. He drove off without saying anything. I have a witness and he has admitted liability.

He agreed to pay and I got an estimate from the body shop recommeded by Lexus Birmingham. I sent it to him and gave him a month to respond. I have chased him consistantly since and im being given the run around - his latest response is that he has phoned 'chips away' who can do the job far cheaper than my estimate and that he will send me a cheque for the value of what 'chips away' think it should cost.

I have phone chips away and they dont repair bonnets.

Do I

a) Take the individual concerned to the small claims court.

or

B) Persue the company who we instructed to pick up the goods on the basis that they are responsible for the action of their employees (even though he was a sub-contractor).

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A delivery driver damaged the bonnet of my car during a pick up at my place of work. He drove off without saying anything. I have a witness and he has admitted liability.

He agreed to pay and I got an estimate from the body shop recommeded by Lexus Birmingham. I sent it to him and gave him a month to respond. I have chased him consistantly since and im being given the run around -  his latest response is that he has phoned 'chips away' who can do the job far cheaper than my estimate and that he will send me a cheque for the value of what 'chips away' think it should cost.

I have phone chips away and they dont repair bonnets.

Do I

a) Take the individual concerned to the small claims court.

or

B) Persue the company who we instructed to pick up the goods on the basis that they are responsible for the action of their employees (even though he was a sub-contractor).

Not to sure but if it was me i would Persue the company for the cash as it may be a fast option!

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I would persue his company - do they even know that it happened - are you a regular / big customer ?

One point though - if it was on company property then his insurance may not cover you - seem to recall we had a similar thing at our place and in the end the supplier paid up out of goodwill.

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Not to sure but if it was me i would Persue the company for the cash as it may be a fast option!

I'm inclined to agree with red-eye on this. If I were you i'd explain your situation to the boss of the delivery firm in a letter. Address it to "The Managing director" of the firm in question and send it to their head office, not a regional one (it'll come back there anyway, on a rocket).It's amazing how quick these matters can get resolved.This may be contrary to other advice you might receive from legal experts but has always worked for me.

You could always telephone the delivery firm but secretarial staff and automated answer services might get you even more stressed.

Don't bother with trying to chase him as you have been more than reasonable up to now and he just sounds like a muppet.

Good luck and don't let the :tsktsk: get away with it.

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I agree with the advice to contact the MD directly. He is probably not even aware that this damage was done by one of his subbies. However find out his name and address it to him directly marked private and confidential.

I am an MD and believe me if the owner values his customers and his company you will get a result very qiuckly. Your contract is with the delivery company and not the subbie. In this case I would pay out a reasonable claim and contra the subbie. :D

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Thanks for all the advice.

Seems there is only one sensible course of action if I want to get the money fast. I will talk with the MD of the company we employed. I will let you all know how I get on.

Thanks again

Zoot

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was he delivering goods and service to your company - if so they will want to keep the buisiness

other option is to sell the debt on to someone bigger than him and let them chase the money while you have your nice new bonnet

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Fill him in!! Err, I mean have you tried seeking proffesional advice from the helpful people at Citizens Advice Bureau?

Have a word with you're boss to.

"Fill him in" - we are talking about filling in the dent on the bonnet right ? .... and not inciting violence now are we :D

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We are not talking TNT or DHL here.

This is Joe Bloggs from Walsall working out of his kitchen who has subcontracted to his mate in Dudley and he doesnt even have a kitchen.

They know all the tricks in the book and both graduated with honours from the Arthur Daly school of business.

In their world you can get a complete respray for £500 so when I present them with an estimate for £400 to fix the scratch on my bonnet they think I'm trying to rip them off.

I am surposed to be receiving a cheque in the post for £150 along with details of where I can get the job done for this price.

However there is no doubt the best course of action is to pursue the company we employed for the full amount, with the threat of no future work if they dont come up with the cash. Or withold payment of current invoices.

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