Cinnamon Posted April 24, 2016 Share Posted April 24, 2016 I have used the same oven cleaning company for almost 20 years now - they do a superb job & have never let me down. The guys who come over are polite & diligent. No complaints from me ever. Until now.... Chap came on Wednesday & cleaned my Rangemaster top to toe, & it looks wonderful. However after he had left I went to use the grill to find that it has been dropped & badly damaged. It has really deep gouges down one side & is so bent that it no longer sits flat. Its really obvious & I am amazed that the cleaner didn't tell me what he had done! I called them up the next day & they promised to get back to me on Friday. I didn't hear anything, so I called them again on Saturday & spoke to the girl in the office. The owner of the business wants the guy who did the cleaning to come over & speak to me, as 'he did the damage so its his responsibility' Now, I am not happy with this at all. Surely my gripe should be with them, the company, not the person they employ??? Another reason I don't want him over again is that he made some pretty strong anti Jewish remarks when he was here which I also spoke to the company about. I am NOT a delicate little flower but I hate racism & this really riled me. So, am I right to insist that I deal with the company HQ & not the guy who came over? Should I maybe stop their cheque in the meantime (new grill pan is £50!), & send them a new one less the £50? All advice gratefully received. Quote Link to comment Share on other sites More sharing options...
Cat tails Posted April 24, 2016 Share Posted April 24, 2016 I definitely would want HQ to sort it and not slide it off on the guy. You could call them and say you don't want him in your house anymore as you feel you would need to file a formal complaint with the appropriate people outside of their company. You could stall payment untill issues are resolved. I would certainly. Quote Link to comment Share on other sites More sharing options...
soapdragon Posted April 24, 2016 Share Posted April 24, 2016 I would certainly insist on dealing with the 'company' (preferably the MD!) rather than this man. The company should have insurance which covers any damage that might occur so do ask about that. Its reasonable that someone comes out to see what damage has occurred and possibly take a few picture so that they can make a claim with their insurers but it shouldn't be a big drama. They are responsible for their employee's conduct. Equally, as you made a complaint about this man at the time then that should be on record and be dealt with appropriately by the company - might be worth asking what action they have taken regarding his racist remarks? This behaviour could even be illegal (I am sure there are others on the forum who would know.) I would also stop the cheque and tell the company that you are very happy to pay once this has all been sorted out - maybe on an e mail so that you have proof that you place on record your willingness to pay once things have been resolved. Finally, is the company a member of any professional body? If so you can report them if they do not deal with things quickly and efficiently. Failing that, there is always the Henley SubStandard Good luck....keep us posted! Quote Link to comment Share on other sites More sharing options...
Geoid Posted April 24, 2016 Share Posted April 24, 2016 Your contract is with the company, not with the employee. The Consumer Rights Act 2015 states that a service should be carried out with reasonable care and skill, within a reasonable time, at a reasonable price. Since your grill has been damaged, then your cleaning hasn't been carried out with reasonable care, so you are well within your rights to ask for compensation to replace the grill. I would stop payment until this is resolved. Quote Link to comment Share on other sites More sharing options...
percy049 Posted April 24, 2016 Share Posted April 24, 2016 How annoying I'd say try and stop the payment and speak to someone senior too Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted April 25, 2016 Author Share Posted April 25, 2016 I have stopped the cheque. I did send very detailed photos to an email address givenbto me when I made my initial complaint too....forgot to put that earlier. Someone should get in touch today....will keep you posted! Quote Link to comment Share on other sites More sharing options...
merlina Posted April 26, 2016 Share Posted April 26, 2016 Just a quickie - Legally, the company is liable, not the employee (it's called vicarious liability). Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted April 26, 2016 Author Share Posted April 26, 2016 Just had them on the phone - they are quite insistent that the cleaner - who denies causing any damage - comes over to 'have a chat with me about it'. I am not sure how that is going to help if he is saying he didn't do it! I told them that there was no way I was going to deal with him, when it is their responsibility as a company. I told them that the cheque has been stopped, & I have now ordered a replacement for which I will send them my invoice & a cheque for the remainder, less the £10 bank charges for the cheque stop. They were NOT happy...... I have also said that they can pick up the damaged grill pan from my porch once my new one is in place, should they want to! I am away soon, so will have to deal with this again when I am back & the grill pan is here. I can't quite believe how stubborn they are being, nor that the cleaner denies causing the damage...it is really,really obvious & bad. Its also very apparent that its new as the metal hasn't rusted yet, where the enamel has been scratched off..... Quote Link to comment Share on other sites More sharing options...
soapdragon Posted April 26, 2016 Share Posted April 26, 2016 Bloomin' Cheek! The company is responsible and cannot, as Merlina has wisely pointed out, duck out of their legal responsibility. I would tell the company that, if they do not deal with it in a timely and professional matter, you will refer the situation to your solicitor to handle and also contact The Henley Standard. Edited to add; what about contacting Trading Standards - and informing company of your intention to do so, of course! Quote Link to comment Share on other sites More sharing options...
Leicester_H Posted April 26, 2016 Share Posted April 26, 2016 I have found the Consumer Forums site very useful. http://www.consumeractiongroup.co.uk/forum/forum.php They have advised me on a number of occasions - so much so that I then gave them a (small) donation. H Quote Link to comment Share on other sites More sharing options...
Redwing Posted April 26, 2016 Share Posted April 26, 2016 I think you've done exactly the right thing I had a similar situation with my vets and they insisted I dealt with the guy that came out, this makes things very awkward and it becomes one word against another, I think sometimes in cases like this they think it will make the customer back down and thats not on Quote Link to comment Share on other sites More sharing options...
The Dogmother Posted April 26, 2016 Share Posted April 26, 2016 Your contract is with the company, not with the employee. The Consumer Rights Act 2015 states that a service should be carried out with reasonable care and skill, within a reasonable time, at a reasonable price. Since your grill has been damaged, then your cleaning hasn't been carried out with reasonable care, so you are well within your rights to ask for compensation to replace the grill. I would stop payment until this is resolved. Absolutely! I had a similar situation with my vets and they insisted I dealt with the guy that came out, this makes things very awkward and it becomes one word against another, I think sometimes in cases like this they think it will make the customer back down and thats not on Exactly why you should deal with the company, not the employee; there is no way that they should reasonably expect you to put yourself in a position where you feel uncomfortable, especially in your own home. If they insist on a site visit, then it should be at your convenience, and when you have someone else with you to act as 'security' and a witness. I was once in a similar situation, and felt verbally and physically intimidated by the man concerned (believe me, it takes a lot to intimidate me!) so I insisted that we corresponded by email so that he remained at arm's length - it's a matter of retaining control. Good luck Sarah Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted April 27, 2016 Author Share Posted April 27, 2016 I was once in a similar situation, and felt verbally and physically intimidated by the man concerned (believe me, it takes a lot to intimidate me!) so I insisted that we corresponded by email so that he remained at arm's length - it's a matter of retaining control. Good luck Sarah I'll bet it does! I don't like confrontation much & would far rather deal with things by email, letter & text (not even phones!), & will always shy away from a face to face situation. In this case I don't really see what they are trying to gain from it anyhow. He will say he didn't do it. I say he did...... Stalemate! Will keep this up to date - hopefully there will be a resolution of some sort by the time I get back from my holiday Quote Link to comment Share on other sites More sharing options...
soapdragon Posted April 27, 2016 Share Posted April 27, 2016 Have a lovely holiday and don't even think about this until you get back! Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted May 22, 2016 Author Share Posted May 22, 2016 Quick update. I had no further correspondence with the company while I was away, so upon my return I sent them a revised cheque for the amount the charged me, less the cost of a replacement grill pan, less the £10 cheque cancellation fee. They have just banked it, which I am taking as acceptance of the amount I have given them. I will never recommend them again, which is a shame after such a long relationship with them. Their loss however Quote Link to comment Share on other sites More sharing options...
soapdragon Posted May 22, 2016 Share Posted May 22, 2016 This does sound very much like an admission of guilt on their part! Sad, as you say, that they couldn't just say 'sorry'! Quote Link to comment Share on other sites More sharing options...
The Dogmother Posted May 22, 2016 Share Posted May 22, 2016 This does sound very much like an admission of guilt on their part! Sad, as you say, that they couldn't just say 'sorry'! I was thinking the same. Are you able to review them anywhere online? Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted May 24, 2016 Author Share Posted May 24, 2016 Yep - Just been having a little look into that! Quote Link to comment Share on other sites More sharing options...