Alex Watts : Hello my name is ***** ***** 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 : I assume they imstucted the removal company please?
Yes the council instructed the removal company to move all my stuff to the new property.
Alex Watts : Ok.
Alex Watts : in that case the contract is between the council and the removal company.
Alex Watts : You can't claim against the removal company as you have no contract.
Alex Watts : You must claim from the council who must I. Turn c
Alex Watts : You must claim from the council who must in turn claim from the removal comoany
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?
But they submitted the claim to me to fill in, sign and send. The insurance company replied today to me.
I thought to explore as to whether the insurance decision was right in the first place. Relying solely on their T&C did not sound right to even though the contract was between the council and the removal company. There were circumstances which impeded my claim to be made within 7 days from the move.
Alex Watts : Yes I agree and this is why you can bring a claim against the council.
Alex Watts : You can't be bound by terms between the moving Company and council
Alex Watts : Does that clarify?
I kept the broken bed in case the insurance wanted to inspect. I am currently sleeping on the sofa. After the refusal, would be ok to buy a new bed where I can sleep on and throw the broken one out ?
Alex Watts : Yes of course.
Alex Watts : Does this help?
I guess I will have to chase this up with the council.
Is it ok if I'd get back to you should I need more advice on this ?
Alex Watts : Of course.
Alex Watts : if I could invite you to rate my answer before you go.
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