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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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17 Jan this year we engaged a firm of removers to pack and

Resolved Question:

17 Jan this year we engaged a firm of removers to pack and remove our contents from Birmingham to Stratford upon Avon.

Because we were unable to complete sale and purchase simultaneously, our contents were stored by the contractor until our new place was ready 27 Feb.

The contractor was selected from a large internet removals site, and we paid for a full packing and removal service.

The removal resulted in damage to a number of treasured possessions including several antique items and some paintings.The estimated value of the damage is approx £2500

Although the contractor admits liability, and appears to be covered by insurance some four months have passed and we still not been compensated.

Can I progress this through the small claims court ?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question. My name is ***** ***** I can assist you with this.

tdlawyer :

You are able to issue proceedings in the small claims court. You can do this for any claim where the value is up to £10,000.

tdlawyer :

If they have damaged goods, whilst in their possession, then the basis of your claim would be a failure to take reasonable care of the goods whilst in their custody.

tdlawyer :

Is an easy claim to issue. You can do it online, where the process is much quicker than normal, and the court fees are reduced. You can do it at this address: www.moneyclaim.gov.uk

Customer:

Hello Tony

Customer:

I guess my real dilemma is whether to keep on waiting or just go for it through the small claims court.

Customer:

I think he is insured but I think the guy is a bit inadequate and seems unable to get his insurers to speed up the claim

tdlawyer :

To be honest, if you've been waiting since February this year, I would have thought just getting on with it would be the better option. There is no cost risk in the small claims court, and you can always agree to settle the proceedings once they've been issued. At least issuing a claim will focus their minds, and hopefully bring about a sensible settlement in your favour.

Customer:

When you say 'settle the proceedings' do you mean if I subsequently get an insurance settlement after issuing the court proceedings I can withdraw?

tdlawyer :

Yes, that's right.

Customer:

Thanks for that I think I'll just get on with it now. Do I need to send a letter to him ahead of the court letter? or just go straight for it?

tdlawyer :

It's always useful to send a letter before action. Hopefully, it might resolve the matter once and for all, and you should do this really.

tdlawyer :

You really need to give them seven days in which to respond, after which, you could just go ahead and issue court proceedings.

Customer:

OK I guess I can do that myself. What I mean is it doesnt have to be a Solicitors letter?

tdlawyer :

No, it does not have to be a solicitor's letter. It can be useful send a solicitor's letter, because people do tend to take more seriously, but for a claim of this size, I personally wouldn't bother. You have to be conscious of the cost of doing these things, and a solicitor might charge you £300 plus VAT, which you might struggle to recoup even if successful court later on.

tdlawyer :

Personally, I would just issue the claim and see what happens after sending a letter yourself.

Customer:

Thank you Tony I appreciate that

tdlawyer :

You're very welcome. Is there anyhing else that you would like me to address for you?

Customer:

No that it and thanks again for your practical approach; I appreciate that

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