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JGM, Solicitor
Category: Law
Satisfied Customers: 11026
Experience:  30 years as a practising solicitor.
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I have power of attorney for my sister-in-law who is resident

Customer Question

I have power of attorney for my sister-in-law who is resident in a carehome; last October a gold necklace was removed from her neck by unknown member of staff. The care home asked me at that time if I wanted to call in the police which I agreed to;albeit the police couldn't do much bout the incident. I was aked to submit estimates for replacement value for the necklace which I duely submitted (estimates ranging from £300 odd to£800) Like for like replace ment being £800;the lesser estimates were for smaller chanes as per what the various shops could supply;only one shop could supply like for like replacement (£800).I eventually received a cheque for £675 (£700 less £25 policy excess) First point my sister-in-law does not have a insurance policy with the care home, who are obviously the named policy holder and they should be paying the policy excess; I think there is a bit of sharp practice involved here and in spite of it being made clear to the care home that £800 is the like for like replacement value
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you have a specific question?
Expert:  JGM replied 4 years ago.
Thank you for your question.

From what you say you have an outstanding claim against the care home for £125. Under the law of Scotland a person is entitled to be compensated so as to put them into the same position they would have been in had the incident not happened.

In this case the loss was £800, not £675. The fact that the care home may have made an insurance claim which only paid them £675 is irrelevant to you. Your loss is £800 and you are entitled to £800. Intimate a claim and if they don't pay up, you can take them to the small claim court.

They are liable for the actings of their employees so you really cannot lose where you have evidence that the item was valued at £800.

Please leave a positive response so that I am credited for my time.

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