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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I recently took my camera into boots for them to develop after

Customer Question

I recently took my camera into boots for them to develop after a scuba diving holiday. When I went in to pick them up I found the photos they had given me wasn't mine but someone else. After looking for an hour they weren't found but was told they have a back up on the machine but would take some time to find. After 4 days they called to tell me they had never developed the camera and it had been lost? What rights do I have, are they liable? Is it worth taking them to court? But how much value can you but on memory's ? If I could I would ask them to pay the price of my one off holiday!!
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I am a Solicitor based in London. I'm happy to help with your question today.

You do have a claim against Boots but its impossible to put a value on the claim with any precision.

The claim would be based on negligence And breach of contract, notably their failure to exercise reasonable skill and care, which is an implied term of contract under s.13 Supply of Goods and Services Act 1982.

The amount of damages is limited by case law based on a case called Hadley v Baxendale (1854). Without going into the legalities, a court will only award damages which are 'reasonably foreseeable'.

I think you certainly have a good claim for loss of enjoyment etc, but as you had already received the benefit of the holiday and have those memories, a court is unlikely to be sympathetic to a claim for the entire cost of it. You can, of course, put in a claim for as much as you think reasonable - but realistically you may have to settle for much less.

Hope this helps. Please remember to rate my answer. Happy to discuss further.

Alex
Customer: replied 3 years ago.
I have just received the following email can help regarding the first written reply back please
Dear Ms Powell

Thank you for contacting your local store about the film that you placed in our trust. I'm so sorry to hear that these have now been lost and I can certainly appreciate the upset this has caused.

Although these photos hold no specific financial value I do understand that these images, and the memories they hold, are irreplaceable. However, having spoken to our photo team I can confirm that we've not been able to trace their whereabouts.

I know I cannot change what has happened and how this has made you feel however as a gesture of my concern I'd like to send you a Giftcard. If I can take your address, I'll make sure that this is sent out as soon as possible.

I'd also like to reassure you that should we locate the photos in the future we will, of course, reunite you with them.

Thank you for your time, Ms Powell and I hope to hear from you soon.

Kind regards


Melissa Comery
Customer Manager
Boots Customer Care
Expert:  Alice H replied 3 years ago.
Hi

As you have already received the benefit of the holiday and have those memories, a court is unlikely to be sympathetic to a claim for the entire cost of it. You can, of course, put in a claim for as much as you think reasonable - but realistically you may have to settle for much less. The offer of a giftcard is not unreasonable. You have to decide whether to accept the offer, and if you do that's the end of the matter, or push for more. If this was a once in a lifetime holiday then you should certainly ask for more - but if it was a trip to the seaside then the giftcard is probably your best option.

Happy to discuss further. Please remember to rate my answer so I am credited for my time. Many thanks.

Alex
Expert:  Alice H replied 3 years ago.
Please remember to take a moment to rate my answers. I am happy to answer follow up questions for free.

Alex