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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I am trying to obtain Insurance claim forms from a removal

Resolved Question:

I am trying to obtain Insurance claim forms from a removal company who damaged our oak furniture in the move. However, the owner is refusing to acknowledge our requests for the forms. He assured us that his company was fully insured, but now says that it is for breakages, and that our claim is fictitious; I have written twice to this company and they will acknowledge or accept any responsibility. I am seeking an insurance claim for restoration of the wood which is approx. £1,100. I am not asking the company to pay, please can you advise on what course of action is next, and would a solicitors letter help?

Regards

Sean
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi Sean.

tdlawyer :

Thanks for your question. My name is XXXXX XXXXX I can assist with this.

Customer:

I am at a loss as to what my next step with this company is, my furniture needs repairing and as this company damaged it then their insurance should pay for it.

tdlawyer :

Your next steps is simply to sue the company. They will then probably pass it on to their insurance company,

tdlawyer :

I know you think an insurance claim is easier, but you cannot force them to get their insurance company to look at this. The only thing you can do is to sue them, and then they can seek to get their insurance company involved if they wish to.

Customer:

what do you mean by sue them? Sorry I am not being thick,but I have no idea how to sue!

Customer:

They have been paid in full - on the day of the move. I am asking my credit card companyu

tdlawyer :

By "sue them" I mean issue a court claim against them. You do this by going to the court service website at www.moneyclaim.gov.uk and registering your details, then selecting issue a claim.

Customer:

oops! sorry about that. I am asking my credit card company to retrieve the payment of £600.00 which was the cost of the move. When registering a claim, I assume it is the cost of the restoration that I am applying for. Will the claim system not tell me to get lost?

tdlawyer :

Yes, the cost of restoration or replacement if you can't restore.

tdlawyer :

The CC company should do this as you're right, they're liable too under s.75 of the Consumer Credit Act. But, if they do not, then I would suggest you look at a claim against the company concerned.

Customer:

When I fill out the claim to sue, what exactly I am suing them for? I cannot put down insurance forms?

tdlawyer :

You're suing for damage to your property, which you say will cost [CLAIM AMOUNT] to put right.

Customer:

So I am going to sue, the cc company to get the monies back, anything else to help with my claim? i.e copies of letters sent!

tdlawyer :

If you're after the CC company, then go to the Financial Ombudsman Service first.

tdlawyer :

www.financial-ombudsman.org.uk/‎


Customer:

Thanks Tony for all your help

tdlawyer :

You're welcome!

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