Hello my name is ***** ***** I will help you with this.
Do they have signs or in their terms excluding liability please?
The insurance assessor who went to the gym found a small sign in the car park not very well signed up but it was there, you'd never notice it if you wernt looking for it! He took a picture of it.
You need to write and set out your losses and request a payment 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.
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.
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.
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.
Can I clarify anything for you about this today please?
write out my losses and send them to the gym owner or continue communicating wth the insures, or both
Its nothing to do with the insurers
set out my losses to the insurers or the gym owner?
Does that help?
Ok Alex thank you vry much for your help
Can I clarify anything else for you?
they said to me in an email they have no 'duty of care' towards my welfare or security under the terms and conditions of their public liability...is that right or wrong?
That is wrong - if they are negligent they can't exclude that
So they were just trying to baffle me, once again thanks for your help, I will contact the owner try to resolve amicably if not proceed with court action.
Good luck. Can I clarify anything else for you today please?
no thankyou I just needed to know i had some sort of a case and you've confirmed that for me
Great. If I could invite you to rate my answer before you go today - it should be at the bottom of the screen
If you need more help please click reply