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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69521
Experience:  Over 5 years in practice
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We have had a burglary. Several expensive items that were named

Resolved Question:

We have had a burglary. Several expensive items that were named on the insurance policy have been stolen. We have valuations and pictures as proof of ownership. The issue i need advice on is that for some items that were purchased abroad I have no customs paperwork and the Loss Adjusters are saying that as a consequence I do not have legal title and they are excluding such items from the claim!
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this?
Customer: replied 3 years ago.

Is there anything I can do to avoid said items being excluded from the claim?

Expert:  Jo C. replied 3 years ago.
Did you declare them to customs when you brought them into the country?

If so, did you lose the paperwork showing that you paid any duty?

What is the value of the items?

How long have you had them?
Customer: replied 3 years ago.

Jo


 


Diamond bought in Barbados on 3/3/2005 current value £80K,


3 diamonds from St kitts in Dec 2007 current value £70k


Diamond from Turkey in 2002 current value £8k


Went through red channel but each time unmanned so no import paperwork.

Customer: replied 3 years ago.
























£83,227



XXXXX XXXXX clasp check dated 12/2/2012


DI receipt for $63,948 dated 03/03/2005



£22,646



Receipt from Glitter Jewellery dated 1/12/2007 for $12,000



£19,475



Receipt from Glitter Jewellery dated 1/12/2007 for $23,000



£8,887



Certificate of guarantee dated 7/9/2002 plus cc £1989.49



£14,153



Berry’s receipt dated 2/5/2008 at £250 for remounting


Customer: replied 3 years ago.


Item one current value £80k purchased in Barbados in 2005


Item 2 current value 9K purchased in Turkey in 2002


Items, 3, 4 & 5 - £22k, £20k and £14k purchased from St Kitts in 2007


 


All taken through unmanned Red Zone and therefore no import paperwork

Expert:  Jo C. replied 3 years ago.
Thank you.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

Unfortunately, even though I understand that the red channel was unmanned, you are under a duty to declare these goods. You failed to do so which I'm afraid amounts to smuggling although you did not get caught.

Obviously it is wonderful that you didn't get caught but the point that the loss adjuster is making is that these goods are in the country unlawfully. In those circumstances, any money paid to you by the insurance company would-be proceeds of crime potentially.

You could possibly declare these goods to customs now and pay the import duties but at time of the burglary these were smuggled goods.

If you are going to declare them now with a view to paying the duty then you need to make sure that the insurance company will pay because I would not expect them to do so I'm afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Jo C., Barrister
Category: Law
Satisfied Customers: 69521
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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