Jump to content

Damage to tv


Recommended Posts

Hi can anyone advise me on something I recently rented a caravan from someone however my 1 year old daughter accidently broke the TV bouncing a ball I have been in touch with the owner and apologised he told me it was fine and that he had replaced the TV. He then messaged me again to tell me I needed to pay £475 for the TV which is ridiculous it was a 32 inch tv I googled how much they was and it was not nearly that amount I offered to pay £100 for the access fee on his insurance but that wasn't good enough he told me he wanted £249 still a 32 inch tv new is still not that much, he has sent me pictures of the tv and the damage is far worse than what my daughter accidentally did so he's made the damage worse. He is bombarding me with messages on WhatsApp on my number on Facebook on email and on booking.com saying I have to pay this money or he is taking me to court what can I do? I can't of apologised enough and have been really reasonable with him.

Link to comment
Share on other sites

Not knowing the conditions of the rental agreement no one can really comment as we don't know the full level of your liability for damage.

It would be great if you took pictures of the damage your daughter caused but somehow I don't think you did.

The owner has given two replacement costs so a good starting point is to get him to send you a clear photograph of his purchase receipt (by return message) for the TV to prove he purchased one. Check it carefully and make sure the date of purchase comes soon after your stay. Your next step will be to decide on your course of action such as polite negotiation or seeking legal advice.

Link to comment
Share on other sites

If he takes you to court, I would imagine that the court would insist on seeing “proof of purchase” for the replacement TV.

 

I would be inclined to send him only the amount you deem to be the reasonable cost of a replacement (same age and size) TV and ensure to have proof that he has cashed it.

 

With luck, common sense might overcome his greed and he will simply cut his losses and forget about taking you to court which, for him, could be a long and difficult process with no guaranteed outcome!

 

I’m no solicitor but legally I don’t think he has a leg to stand on in a court case!

 

You have tried to be fair with this moron who appears to be trying to take advantage of your misfortune.

 

I wish you the best of luck and do please keep us posted on the outcome.

 

Vin Blanc     

 

Link to comment
Share on other sites

29 minutes ago, Vin Blanc said:

I would be inclined to send him only the amount you deem to be the reasonable cost of a replacement (same age and size) TV and ensure to have proof that he has cashed it.

 

Not really a good idea if he has already claimed and got a TV on his insurance !

 

The fact he has said he wanted £475 and now £249 a drop of £226 smells fishy.

 

She needs to know the make and model of the broken TV, when purchased and at what price, with photo's of the damage.

 

Plus the  excellent things LE has mentioned.

 

As said, she needs to read and understand the rental agreement thoroughly especially the  section on breakages or losses, I have friends who rent out vans and lodges and there appear to be several ways this is covered, the renter pays a deposit for the breakage side which is lost when any breakage occurs, the owner keeps the deposit and claims the rest on his insurance, the renter pays the full cost of damage, the renter pays the owners insurance excess etc.

 

She also needs to keep copies of all the emails, text's, social media posts etc, that he appears to be bombarding her with, something which is neither professional or needed in a business environment and could be construed as harassment, to his eventual detriment.

 

Yes he is entitled to a new TV or the cost of one either from the renter or his insurance company, however he isn't entitled to a TV of greater value than the original........£226 difference in his prices !

 

 

Link to comment
Share on other sites

Posted (edited)
1 hour ago, Vin Blanc said:

I’m no solicitor but legally I don’t think he has a leg to stand on in a court case!

 

You have tried to be fair with this moron who appears to be trying to take advantage of your misfortune.

We only know one side of the event with no evidence to identify anyone as greedy or a moron.

In simplistic terms property has been damaged incurring a loss to the owner. Legally there is the basis of a claim for compensation with two good legs to stand on but the question is what were the terms of the rental agreement and how much reparation is the owner entitled to seek?

Edited by Legal Eagle
Link to comment
Share on other sites

Currys have 32" televisions ranging from £150 to £500 so it depends what kind of television was broken to decide whether the owner is asking for a reasonable amount.  All televisions are no created equal.

Link to comment
Share on other sites

Can't imagine anyone providing a £500 TV in a rented out caravan!

 

Vin Blanc

Link to comment
Share on other sites

All sounds a bit odd.

 

but if I rented a property, and a tenant damaged an item I wouldn’t appreciate being told to claim on the insurance and they’ll pay the excess.

Link to comment
Share on other sites

would I be right that when the owner takes out new insurance it will be more expensive due to a claim? If that is the case and I always feel this, the 3rd party, in this case the op, should not only cover the excess but the extra premiums the owner has to pay.

2 minutes ago, Dave Capiro owner said:

All sounds a bit odd.

 

but if I rented a property, and a tenant damaged an item I wouldn’t appreciate being told to claim on the insurance and they’ll pay the excess.

Is that not what insurance is for? The cost you rent for should take insurance premiums into account.

 

macafee2

Link to comment
Share on other sites

33 minutes ago, Vin Blanc said:

Can't imagine anyone providing a £500 TV in a rented out caravan!

 

Or even a £475 one for that matter.    :)

 

Would be nice to see some comment from the OP   (Original Poster).

 

Vin Blanc

Link to comment
Share on other sites

As we're all taking guesses about the circumstances, my guess (for what it is worth) is this was an informal agreement, and there was no rental agreement to be studied, and quite possibly the landlord did not have insurance cover for renting.

 

Link to comment
Share on other sites

Posted (edited)
14 minutes ago, 2seaside said:

As we're all taking guesses about the circumstances, my guess (for what it is worth) is this was an informal agreement, and there was no rental agreement to be studied, and quite possibly the landlord did not have insurance cover for renting.

 

.....and that's just one of the many possible scenarios I had taken into account but guessing isn't accepted in evidence! The OP hasn't logged back in for just over 24 hours now so whether we find out more remains to be seen.

Edited by Legal Eagle
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...