View Full Version : am I responsible
the truth
29-09-2015, 10:19 AM
ok so I had a workman (he also works for me as a driver)at a house of mine painting and chucking out rubbish
so after 10 weeks I say ok thanks for your help ill finish it from here , pls take your tools
he was offended as I was getting in a better painter and decorator to finish the house, he also seemed offended I asked him to take his tools
he said he hadn't finished doing a job in the garden I said its ok ill get it done
he said he didn't have the chance to get his tools out straight away , I said ok leave them there until you can collect them...so he takes all tools a day later but leaves the ladders in the garden
ok so 15 days later he rings me up ranting, hes been to the house and his ladders are gone....supposedly worth £200 extendable ladders 24 foot at full length
hes now trying to claim I am responsible and should buy him £200 ladders as ive had workmen there.....
so am I responsible or is he?
Crimson Dynamo
29-09-2015, 10:25 AM
Tell him to do one, fecking chancer
Mitchell
29-09-2015, 10:33 AM
You're not responsible, he left them there unattended, its not your responsibility to look after them, I bet he has the ladders but is trying to con you.
Niamh.
29-09-2015, 10:35 AM
I wouldn't imagine you're responsible but I couldn't say for sure where you'd stand legally :think:
Mitchell
29-09-2015, 10:39 AM
I wouldn't imagine you're responsible but I couldn't say for sure where you'd stand legally :think:
If say I owned a shop and someone came in and dropped their phone without knowing and someone took it, would I be responsible?
Niamh.
29-09-2015, 10:41 AM
If say I owned a shop and someone came in and dropped their phone without knowing and someone took it, would I be responsible?
Well, that's a different situation completely Mitchell
joeysteele
29-09-2015, 10:54 AM
From what you say in your posts,you should be okay, he should have asked you if the ladders could have been put somewhere safe until he got back for them.
If he left the ladders outside, then it is his bad luck someone grabbed them.
You allowed him to leave his tools, then his ladders again after getting his tools, you have done more than you needed to, you could have insisted on all being removed the day he was stopped from doing any more work.
You accommodated him, it is his fault for not securing things, I guess he would be expected to put this down to experience.
Good luck.
Niamh.
29-09-2015, 10:55 AM
This is what it says on the Citizens advice website :
Do you have a responsibility to look after the goods?
Your responsibility to look after goods left with you depends on whether you have a contract with the trader who left them.
If you have a contract with the trader for goods left behind, you are responsible for looking after the goods with a reasonable degree of care. This means you should take care to ensure the goods are not lost, damaged or stolen. If anything happens to the goods you may be deemed to have been negligent.
You could be liable to pay the trader compensation if you were negligent and something happened to the goods that you could have foreseen.
If you don’t have a contract with the trader for the goods left behind, you should look after them as if they were your own. This is a lower standard of responsibility than if you had a contract.
For example, if a builder leaves scaffolding poles in your garden that they should have taken away, you are not responsible for making sure the poles do not go rusty.
https://www.citizensadvice.org.uk/consumer/common-problems-with-products/lost-found-and-uncollected-goods/a-trader-has-left-goods-with-you/
kirklancaster
29-09-2015, 10:58 AM
I was going to ask how he'd been in touch and if he'd rung you. :laugh: I would tell him to take me to Court, but then again, if he still has the ladders, he might climb them and take you to High Court. :hehe:
Seriously though, LT's advice is sound because, No - you are not at fault.
AnnieK
29-09-2015, 10:59 AM
I would imagine as the job had finished and he was no longer in your employ then the ladders revert to his responsibility. Had he left them in the house and you put the out in the garden you would be liable but as he left them there and did not collect them, I would imagine he hasn't a leg (or ladder -sorry) to stand on.
Was this job a "cash in hand" job? If so I don't think he can have a case at all as he has carried out the work illegally anyway.
Niamh.
29-09-2015, 11:00 AM
I would imagine as the job had finished and he was no longer in your employ then the ladders revert to his responsibility. Had he left them in the house and you put the out in the garden you would be liable but as he left them there and did not collect them, I would imagine he hasn't a leg (or ladder -sorry) to stand on.
Was this job a "cash in hand" job? If so I don't think he can have a case at all as he has carried out the work illegally anyway.
Oh yeah that's a very good point actually
kirklancaster
29-09-2015, 11:01 AM
I would imagine as the job had finished and he was no longer in your employ then the ladders revert to his responsibility. Had he left them in the house and you put the out in the garden you would be liable but as he left them there and did not collect them, I would imagine he hasn't a leg (or ladder -sorry) to stand on.
Was this job a "cash in hand" job? If so I don't think he can have a case at all as he has carried out the work illegally anyway.
:fist: I'l do the jokes Annie. :hehe::kiss:
Mitchell
29-09-2015, 11:36 AM
Well, that's a different situation completely Mitchell
How about if I run a shop, the owner left the dog outside the shop (still on my grounds), tied up whilst she bought some products from my store and then someone came and took the dog whilst she was in the shop, would that be my fault as I should've been looking after it?
Livia
29-09-2015, 12:26 PM
ok so I had a workman (he also works for me as a driver)at a house of mine painting and chucking out rubbish
so after 10 weeks I say ok thanks for your help ill finish it from here , pls take your tools
he was offended as I was getting in a better painter and decorator to finish the house, he also seemed offended I asked him to take his tools
he said he hadn't finished doing a job in the garden I said its ok ill get it done
he said he didn't have the chance to get his tools out straight away , I said ok leave them there until you can collect them...so he takes all tools a day later but leaves the ladders in the garden
ok so 15 days later he rings me up ranting, hes been to the house and his ladders are gone....supposedly worth £200 extendable ladders 24 foot at full length
hes now trying to claim I am responsible and should buy him £200 ladders as ive had workmen there.....
so am I responsible or is he?
You gave him a chance to get his stuff off your property, you were even flexible enough to agree to him returning 24 hours later to collect his things. Unless you had a prior separate agreement regarding the ladders, they are his responsibility.
Niamh.
29-09-2015, 12:34 PM
How about if I run a shop, the owner left the dog outside the shop (still on my grounds), tied up whilst she bought some products from my store and then someone came and took the dog whilst she was in the shop, would that be my fault as I should've been looking after it?
Still a different situation, anyway I don't know why you're so hell bent on catching me out when I clearly said I didn't know where he would stand legally......... I did post an answer from the Citizens advice agency though
user104658
29-09-2015, 12:44 PM
What a ladder rubbish. He should take steps to ensure his goods are safe. He is completely in the rung.
Heh, I reckon I'm getting good at this.
Niamh.
29-09-2015, 12:45 PM
What a ladder rubbish. He should take steps to ensure his goods are safe. He is completely in the rung.
Heh, I reckon I'm getting good at this.
I think you need to step out of this thread tbh :idc:
hijaxers
29-09-2015, 12:48 PM
Thrash it out on Judge Rinder if all else fails ! I don't think you are responsible at all for these ladders.
user104658
29-09-2015, 12:49 PM
I think you need to step out of this thread tbh :idc:
I'm unsure if I belong here too, but I'm taking it one step at a time for now.
Mitchell
29-09-2015, 12:50 PM
Still a different situation, anyway I don't know why you're so hell bent on catching me out when I clearly said I didn't know where he would stand legally......... I did post an answer from the Citizens advice agency though
Oh no I'm not trying to catch you out Niamh, I don't know what the purpose was, but it wasnt that or anything to really do with you :love:
Niamh.
29-09-2015, 12:52 PM
Oh no I'm not trying to catch you out Niamh, I don't know what the purpose was, but it wasnt that or anything to really do with you :love:
I'm not a lawyer and I don't have an in depth knowledge of the law so whilst I didn't think he would be responsible, that is only my opinion based on nothing other than what I think would be right that's why I said I didn't know where he would stand legally :laugh:
user104658
29-09-2015, 12:54 PM
Oh no I'm not trying to catch you out Niamh, I don't know what the purpose was, but it wasnt that or anything to really do with you :love:
It's OK to pull Niamh's pigtails. It says so somewhere in the forum rules.
Livia
29-09-2015, 12:55 PM
It's OK to pull Niamh's pigtails. It says so somewhere in the forum rules.
Infract his sorry arse, Bold Niamh.
user104658
29-09-2015, 12:56 PM
Infract his sorry arse, Bold Niamh.
Just a pinky finger
Niamh.
29-09-2015, 12:57 PM
I might infract you all (except Livia of course)
Crimson Dynamo
29-09-2015, 12:59 PM
by the way is anyone interested in buying some ladders?
Livia
29-09-2015, 01:03 PM
by the way is anyone interested in buying some ladders?
Are they extendible?
Crimson Dynamo
29-09-2015, 01:05 PM
Are they extendible?
no they are from Argos
Livia
29-09-2015, 01:11 PM
LOL... idiot.
Livia
29-09-2015, 01:11 PM
I might infract you all (except Livia of course)
Thanks, sistah.
Gstar
29-09-2015, 01:13 PM
No, why did it take him so long to collect the ladder :s
Mitchell
29-09-2015, 02:21 PM
I'm unsure if I belong here too, but I'm taking it one step at a time for now.
Don't trip up though...
joeysteele
29-09-2015, 03:04 PM
I might infract you all (except Livia of course)
:conf:huh.
Kate!
29-09-2015, 03:07 PM
No, why did it take him so long to collect the ladder :s
This. Over two weeks! Thought he would have been quicker if they were so important to him. Just a thought.
Niamh.
29-09-2015, 03:07 PM
:conf:huh.
It was a joke Joey :laugh:
JoshBB
29-09-2015, 03:07 PM
Technically he trespassed.. you didn't say he could come onto your property and do that.
Cherie
29-09-2015, 04:38 PM
Yes you are responsible for being a terrible judge of character, first dodgy tenants and now dodgy workmen :unsure:
kirklancaster
29-09-2015, 04:42 PM
I think you need to step out of this thread tbh :idc:
:laugh: Yeah - Tell him Niamh. Spank his naughty little bum.
kirklancaster
29-09-2015, 04:49 PM
I'm unsure if I belong here too, but I'm taking it one step at a time for now.
:laugh: You certainly are scaling the heights of punning TS now that you have a platform for your humour.
user104658
29-09-2015, 05:32 PM
Yes you are responsible for being a terrible judge of character, first dodgy tenants and now dodgy workmen :unsure:
To be fair, Mr Truth, this is a very good point - you really need to get better at avoiding these sorts of arseholes :joker:
Northern Monkey
29-09-2015, 05:33 PM
What a ladder rubbish. He should take steps to ensure his goods are safe. He is completely in the rung.
Heh, I reckon I'm getting good at this.:omgno: :notimpressed:
kirklancaster
29-09-2015, 05:35 PM
To be fair, Mr Truth, this is a very good point - you really need to get better at avoiding these sorts of arseholes :joker:
To be fair to The Truth, there are just so many of the decetful lying bastards and they are very good at what they do - which is scamming.
user104658
29-09-2015, 05:55 PM
To be fair to The Truth, there are just so many of the decetful lying bastards and they are very good at what they do - which is scamming.
I dunno, it's usually not too hard to spot a snake oil peddler, make sure reputable people have used them before and say they did good work and also... Well... There's just a certain "cocky type", isn't there. # snob.
And, as a customer of mine who is a very reputable but "slightly expensive" decorator puts it: "I don't overcharge, I try to charge a fair rate per hour plus whatever it costs to do the job properly. If someone is offering to do it cheaper - it will be crap."
I can see his point really...
kirklancaster
29-09-2015, 06:03 PM
I dunno, it's usually not too hard to spot a snake oil peddler, make sure reputable people have used them before and say they did good work and also... Well... There's just a certain "cocky type", isn't there. # snob.
And, as a customer of mine who is a very reputable but "slightly expensive" decorator puts it: "I don't overcharge, I try to charge a fair rate per hour plus whatever it costs to do the job properly. If someone is offering to do it cheaper - it will be crap."
I can see his point really...
That is true - We very often get what we pay for.
King Gizzard
29-09-2015, 06:13 PM
Clatter him round the lug hole
kirklancaster
29-09-2015, 06:24 PM
Clatter him round the lug hole
:laugh:
user104658
30-09-2015, 07:00 AM
Clatter him round the lug hole
..... .... ... ..
....... .. ...... .. . ...... .. . .......
.. ... .. . .. .. I believe you meant to say, "cladder".
...no puns...I guess if it was me, I would probably say that I would pay half and he pay half, regardless of responsibility and where it lay...I can actually understand him being upset if he thought he was doing an ok job and that he would be finishing it and you didn't talk to him throughout the work being done and resolve anything you weren't happy with..and then his income he was hoping for just stopped.../but I don't know obviously of any discussions throughout etc.../..just life is too short and if you can afford to.. you could both contribute equally and then move on as you're working together anyway in other ways...
No not responsible but then you could be a nice guy and say 'hey since I offered you some work then decided to get someone else instead I will go halfers with you for the new ladders' :idc:
Ah we posted at the same time Ammi.
Great minds eh
..yeah, everything doesn't have to be a struggle really..there are too many struggles already without adding, if it can be avoided...
kirklancaster
30-09-2015, 07:13 AM
Aah.....More proof of synchronicity. Where's LT? :hehe:
kirklancaster
30-09-2015, 07:19 AM
Here's Guru Kirk's solution which should settle this matter once and for all:
The Truth should buy a new ladder and seperate the two sections. He should keep the bottom half so that he can do his own little jobs which are no more than, say, 10' from the ground, and because the tradesman will often have to carry out work up to 20' above ground level - he should get the top half.
Simply brilliant eh? And both sides are happy.
I can't see a problem. (Clever Guru Kirk. )
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