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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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on sept 17 2013 I had a black cab stolen from the gym i was

Resolved Question:

on sept 17 2013 I had a black cab stolen from the gym i was attending. The thieves walked straight through the lapse security turnstile then 100 yards to the changing rooms, broke into the locker took the keys and my i fone and stole the vehicle. The police were called and everything was witnessed on cctv. After 10 weeks the insurance company covered the loss of the cab. What they didn't cover however was the loss of the i fone and the 10 weeks cost of the hiring of a cab ' £180 pw plus the meter company had to be paid £300 for the loss of their property. The gym refuses to accept liability for these outstanding monies for which i intend to try and recover in the small claims court....do you think I have a case? I have been tooing and throwing with the insurance company since last january, they have now enied liability.. time for small claims court!
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do they have signs or in their terms excluding liability please?

Customer:

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.

Alex Watts :

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.

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:

write out my losses and send them to the gym owner or continue communicating wth the insures, or both

Alex Watts :

Gym owner

Alex Watts :

Its nothing to do with the insurers

Customer:

set out my losses to the insurers or the gym owner?

Alex Watts :

Gym owner

Alex Watts :

Does that help?

Customer:

Ok Alex thank you vry much for your help

Alex Watts :

Can I clarify anything else for you?

Customer:

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?

Alex Watts :

That is wrong - if they are negligent they can't exclude that

Customer:

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.

Alex Watts :

Good luck. Can I clarify anything else for you today please?

Customer:

no thankyou I just needed to know i had some sort of a case and you've confirmed that for me

Alex Watts :

Great. If I could invite you to rate my answer before you go today - it should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash and 2 other Law Specialists are ready to help you