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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Our daughter is in a shared student house. At the beginning

Resolved Question:

Our daughter is in a shared student house. At the beginning of their tenancy the police warned them that the house had recently been burgled twice when one particular bedroom window had been left open and they specifically warned the girl in that room not to leave the window open. Last weekend she left the window open and the house was burgled, with the burglar(s) gaining access through that window. Our daughter lost £900.00 of university equipment. Although our household insurance covers her against burglary, they are refusing to accept the claim because the burglar(s) did not force entry, but came through the open window. Do we have a case for a civil claim for loss against the girl who left the window open?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did she leave it open by accident or on purpose please?
Customer:

We cannot say for definite. She left it opened it because it was a warm day and her room was hot. We think she left it open on purpose because she just keeps stating it was a hot day, but given what has happened we are sure she won't admit it was on purpose.

Alex Watts : Ok. If it was by accident then you could bring a civil claim. It would be hard to prove.
Alex Watts : If it was on purpose then arguably they have been negligent.
Alex Watts : But I will set out the process for you
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Hi Alex,

Customer:

Hi Alex, Sorry for the late reply, we have had an unexpected visitor. Thank you very much for your help.

Alex Watts : Hello.
Customer:

hello

Alex Watts : If I could invite you to rate my service and if you could let me know if you can't - thanks.
Customer:

It is telling me "my expert has not finished answering" so won't yet let me enter a rating.

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