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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I left my laptop in my hotel room whilst I was out for the

Customer Question

I left my laptop in my hotel room whilst I was out for the day and it was broken (broken screen) when I got back. The manager denies responsibility. How do I process a civil claim. I am not insured.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

How much did you pay for the laptop please?
Customer: replied 2 years ago.

Hi there,


 


It was bought in America about a year ago and was about $800.


 

Customer: replied 2 years ago.

hi - I had trouble getting the trial page off - have you asked another question?

Expert:  Jo C. replied 2 years ago.
Thanks..

This is not going to be an easy claim.

Quite simply because it is your word against the Hotel and it is virtually impossible to prove on the balance of probabilities that anyone in the hotel caused the breakage

You could just as easily have brought the computer into the hotel have dropped it yourself and then want to claim against the hotel.

I accept your version of events that did not happen but the judge does not know that and unless you have some evidence or some independent witness statement to say that this happened while you are out by someone in the hotel, unknown, and your claim will unfortunately fail

However if you are determined to have your day in court you can issue small claims court proceedings for the cost of fitting a new screen here using the small claim service

www.moneyclaim.gov.uk

I'm sorry that this is bad news for you.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Hi,


 


How much would a small claim be if I did it myself? Is it just a one off fee?

Expert:  Jo C. replied 2 years ago.
It depends on how much you are claiming.

The court fees are here. http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf

Even if the defendant uses solicitors, they will not recover those costs apart from a nominal £50 or so, even if your claim fails.

If you look on page 3, you will see the fees for issuing using the online service in the right-hand column.

If you turn to page 5, you will see the hearing fees which will have to be paid if they do not settle prior to going to court.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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