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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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good evening, Can I sue a removal company, when I noticed

Resolved Question:

good evening,
Can I sue a removal company, when I noticed that my gold jewlley is removed from the box on the same day, (while they were still working)?
Police got called and the case is still running. but no finger prints matching unfortunately. The one should have had gloves on probobly.
the loss is quite very big 20000-250000. i recieved 10000 from my insurance.
But I can not let them get away that easy with that.
Do I have any chances to sue the company though??
Thanks
Mrs Mehrali
Nottingham
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hi thanks for your question. My name is***** can assist you with this.

tdlawyer :

In short, yes, you should be able to sue if they have negligently lost your gold or it has been stolen from their possession and they have failed to take reasonable measures to protect it.

tdlawyer :

The amount it quite high, however, for the value of your jewellery.

tdlawyer :

As such you should not commence court proceedings yourself without seeing a solicitor. This is because if you lost, you could be ordered to pay their costs for defending the claim. This type of claim can be complicated and is not something lay individuals ordinarily pursue on their own.

Customer:

thanks. my question is mainly: can I still sue them even we have no proof of the one? but I noticed it same day and called the police?

Customer:

how good are my chances?

tdlawyer :

You do have evidence - you have your word. You may not have receipts etc., but these are only one form of proof of purchase.

tdlawyer :

Civil claims like this have to be demonstrated on the balance of probabilities, i.e. it's more likely than not that they lost it.

Customer:

ohhh, i have pictures and the locks of my juwllery box was brocken. but the police said they can not do anything as they could not find they juwlley and no fingerprints. however they arrested just one man and investigated him, not all of them. unfortunately.

tdlawyer :

Okay. It can sometimes to be difficult to get the police interested in these things without some evidence of criminal wrongoing. However, you should pursue it criminally if you can, asking perhaps for the matter to be reviewed by somebody more senior.

tdlawyer :

But ultimately, you may be left to the civil courts, and it is much easier to prove your claim in these courts because the burden of proof is much lower.

Customer:

I did.... but being honest, I feel that they really do not want to tale it much further, as a surgent told me he can not even force the other men to do the fingerprints, and there would be no hope to recover my belongins either...

Customer:

civil right??? ok how big are my chances? should I find a solisiter in this are?

tdlawyer :

Your chances are difficult for me to say, because I know so little about the facts etc. It's usually worth seeing a solicitor though in your area and then going through the details of background, timings etc., with him/her.

Customer:

......??? ok. that mean I still do not know more than before unfortinately.

Customer:

but thanks.

tdlawyer :

Nobody could realistically give you useful information about prospects of success in an online chat forum like this, but it'll come down to your evidence against theirs (and we do not know what theirs is, as yet).

tdlawyer :

If they accept they lose your gold, then this might mean you have reasonably good prospects of succeeding in fairness, but usually, you'd need to show they did something wrong, like not put proper procedures/processes in place to limit the risk of such loss. Of course, you can never prevent something absolutely from occuring and the law would not expect that - but it does expect reasonable steps to be taken.

Customer:

how much do you think does that costs me taking that to the court with a solisiter, as I am not from this country I have no idea really..

tdlawyer :

Costs of a full blown trial could be £15,000 or so. But, rarely do cases ever get to this stage and they usually settle without a trial, but again, this depends on the strength of the evidence and the clarity of the law. The law, however, is pretty clear in a case like this.

tdlawyer :

The issue will be the facts - who says what etc.

Customer:

No the removed the items from the jewllery box, which was in a suit case. they brock its lock. so it was a crime. they put everything back in the same order, pretending all is fine. I noticed it as I could see that the zip, which was on the bottom of the suit case before, was on the top of it as i got my suit case back from them.

tdlawyer :

Does the company accept that there was a theft?

Customer:

it was horrible and shocking, the police officer could see how shocked i was. she took the boxes for the further analisis.

Customer:

the owner was very sorry , but all the men deny that.

tdlawyer :

Okay. Then it might be that you have to pursue them in the civil courts then, and hopefully, their insurance company will just pay out the balance of the value of the items taken.

Customer:

I feel very bad that the police did not investigate the other men at all. wished they would...

tdlawyer :

You cant force them to - but the more you pressure them, the more they are likely to!

Customer:

ahhhh, thats painfulll..... do you think should i take it further at this stage??? I had a big loss already I have to take a credit to invest in that.

tdlawyer :

Personally, I think you should go and see a solicitor and at least get them to write a letter of claim for you. You don't have to take it further if you don't want to, but understanding their formal position is something you should always do if you can.

Customer:

do you know any solisiter, who could help me with that?

tdlawyer :

I could name a few for you if that helps that advertise doing this kind of thing? Where are you?

tdlawyer :

Nottingham?

Customer:

yes.

tdlawyer :

These firms should be able to assist you.

Customer:

would be any no win no fees solisiter in this area you think?

tdlawyer :

I expect either of those might do that kind of thing for you.

Customer:

ok. that s fine. thank you for your help.

tdlawyer :

You're very welcome. Can I just check you're happy with this service this evening please?

Customer:

Yes sure. wish me luck please. Thanks

tdlawyer :

I wish you lots of luck! Hope all goes well!

Customer:

thanks Tony. good bye.

tdlawyer :

Goodnight!

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