Do I have a strong case?

[Lunar_Wolf]

So I need legal advice on this issue I have, and what better way to get advice, then from comic book community

I rented film gear from a company in Ireland so I could shoot a film on Dec 17th. The company is based in Dublin, which is about a 2 1/2 drive from where I live. I hired a delivery service to collect the film gear on Friday, but I was told they don't operate on Saturdays so I had to collect the gear from the delivery compound myself. I was told I could collect the gear from 9am onwards.

I arrive at 9am because filming began at 5pm and I need to be on location asap. No one from the company turned up until 9:35am. The employee who turned up had no idea who I was or what I had to collect. After I explained, he got the pallet with the gear. He didn't know how much to charge me; I had to make the price up myself(8oe).

The gear was to up picked up Monday and returned to the film company that day. The truck driver called me that Monday asking for directions to my house. I explained the directions seven times to this clown. He finally became a grumpy goose and kinda got pissy with me because he couldn't find the place. I didn't appreciate this behavior as it's not my job to direct this man. I hope he got a GPS for Xmas.

When he arrived at my humble home, he stood at the end up the truck expecting me to carrying the gear to the truck. It was a stand-off. He sighed, walked over and did his job. Of course I brought the gear to the front door for him. He didn't get me to sign anything and never put the gear on a pallet.

Wednesday evening I got an email from the film company explaining that the gear was sent to the wrong location in Dublin; a place called Fonthill, which is about 40 mins away from the proper location. He also stated in this email that two lav mics were missing when the gear was returned.

I counted every bit of gear before it was collected and so did my sound guys prior to leaving on Saturday. I contacted the delivering service because my only assumption was, something went missing between my house and the drop off at the wrong location.

The receptionist on the phone from the delivery service did not apologize for anything and made excuses like, ''No one could have taken anything because it was on a pallet''; it wasn't on a pallet and ''the driver is only part-time, her excuse for his rude attitude. The receptionist told me she would get back to me later that evening once she finds out more information about the delivery.

I heard nothing....

I emailed the company.

I heard nothing...

I called two weeks ago and of course the receptionist had no idea who I was when I asked to speak to the manager. She informed me that the manager is busy, but he will get back to me after lunch.

I heard nothing...

Next day I called and I told her about the email I sent. She explained that the manager doesn't read the emails, but she would dig it up and get him to contact me.

I heard nothing...

I got an email from the film company over the weekend and they want me to cover the gear thats worth 375e. They said if I don't pay they'll have to take things further.

So what's my options here?

Do I have a case to sue this delivery service?

Will I be held responsible for the gear being lost?

What's the best way to handle this situation?

 

[Duke]

Well, it's ultimately the driver's responsibility for the missing gear. It would've been more helpful for you if the driver had given you some sort of receipt or proof that you handed him all the stuff you rented intact. A picture of the of all the gear you rented & handed to him would've been helpful as well.

 

[Lunar_Wolf]

I do have an image of the gear before it was collected, but it's just of the cases, not what's inside unfortunately.

 

[Duke]

Whenever I rent anything, I always take a before & after picture to cover my behind just in case something comes up afterwards.

 

[Mike_D202]

It should have been the companies responsibility to make sure everything was collected from you at the time of pick-up. That would be like Pizza Hut suing you for not getting the money for the pizza from the delivery guy.

Did you sign any waivers or contracts stating you'd be responsible for the equipment if anything is lost/stolen? The delivery guy should have had some kind of paperwork or checklist to make sure everything was loaded. I'm no lawyer but I really can't see you getting into any kind of trouble here.

 

[Lunar_Wolf]

It should have been the companies responsibility to make sure everything was collected from you at the time of pick-up. That would be like Pizza Hut suing you for not getting the money for the pizza from the delivery guy.

Did you sign any waivers or contracts stating you'd be responsible for the equipment if anything is lost/stolen? The delivery guy should have had some kind of paperwork or checklist to make sure everything was loaded. I'm no lawyer but I really can't see you getting into any kind of trouble here.

The only thing I signed was a docket when I collected the gear to say I collected it, but nothing else.

 

[hopefuldreamer]

From their obvious incompetence and lack of ability to run their business in any kind of proffessional way, I'd say any threat to 'take things futher' was an empty one.

But just one question.

You say you he didn't ask you to sign anything when he picked the stuff up. Did you sign anything when they gave it to you?

Because if you have not signed any document outlining the contents you received then they don't actually have any proof whatsoever the lost items where even in your posession to begin with.

I don't think they have a leg to stand on personally.

Don't you dare give them any money. Let them try and take it further. I doubt they will, but if they do they wouldn't have much of a case.

 

[Anita18]

From their obvious incompetence and lack of ability to run their business in any kind of proffessional way, I'd say any threat to 'take things futher' was an empty one.

But just one question.

You say you he didn't ask you to sign anything when he picked the stuff up. Did you sign anything when they gave it to you?

Because if you have not signed any document outlining the contents you received then they don't actually have any proof whatsoever the lost items where even in your posession to begin with.

I don't think they have a leg to stand on personally.

Don't you dare give them any money. Let them try and take it further. I doubt they will, but if they do they wouldn't have much of a case.

It actually sounds like it's the delivery service that's being incompetent, not the equipment rental company. So the rental company would likely have paperwork on what Lunar_Wolf rented, while the delivery company doesn't have paperwork proving the contents of what they picked up. It's two separate things going on here.

As far as the rental company is concerned, you're on the hook for the missing equipment. That's likely the thing you signed in the beginning. It's not the delivery service's name on the paperwork, it's yours.

Now the question is, do you sue the delivery company for the value of the missing equipment? Hard to say - can you afford a lawyer? I have no idea how things work in Ireland, but in the US (which is renowned to be lawsuit-a-rama), it's still a pain because lawyers are expensive and it takes a lot of time for things to go through the courts. Is that worth 375e to you?

Is there an Irish equivalent of the Better Business Bureau? You could always report them. I actually got a message on Yelp from a person who went to the same dentist I did (one I gave a very scathing review to), who wanted my help in filing a police report. He felt he'd been scammed by them, which frankly wasn't a surprise, they were trying to scam me too but I didn't fall for it. Could you do something like that?

If you paid the delivery service by credit card, it's also possible to do a chargeback on the delivery company for services not rendered. If you paid by check, it's pretty much impossible.

I don't know, without a paper trail or photographic evidence, it's hard to say whether you have a case.

 

[Lunar_Wolf]

Here's an update on the situation. After trying to get things resolved with the delivery company, the finally gave me some details. They informed me that the film hire signed a docket that basically says they received all the goods, well and safe.

The film hire now want me to pay 375 to cover the missing gear. I explained that there's no way I'm paying that kind of money when I have no idea where the gear ended up or who went near it. I told them that they signed a docket saying they got everything back.

I got another email tonight from the film hire company stating I need to make some sort of movement on payment within the next 7 days as I hired the courier. And that there was no way they could have checked all the gear before signing the docket.

I'm going to reply with refusal of payment because while I hired the courier, I did not drive the van to the wrong location and dump it there. From the way this guy is emailing me and the conversations on the phone, he is making out I have misplaced or stole the gear.

 

[Duke]

It seems they're intent on wanting to shaft you. If possible you should take them to court.

 

[Casius--J]

Sounds like empty threats to me, they signed a document stating they received all the items so that alone means they have no case. Both companies sound very incompetent and unprofessional, they're just trying to cover rear ends by taking advantage of you.

Also delivery and collection should really be things that the rental company should take care of not you.