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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can you help with some adviced about whom a small claim

Resolved Question:

Can you help with some advice about whom a small claim should be made against involving a Housing Association Landlord and their sub-sub-contractors please ? I have incurred a few £100 property loss.

Yesterday, sub-contractors working -contractors to my Landlord - a Housing Association, removed property without cause and threw it in the skip.

They were clearing a flat and decided first time ever to remove my propewrty which was clearly stored, protected and alarmed, "by mistake" thinking it belonged to the flat they were clearing.  The area from which they removed my property had nothing to do with the property they were clearing.

It is an entirely separate area from the flat and used by everyone.

We have had 4 other flat clearances and this has never happened before.   Nobody has ever touched my stuff.  But they did yesterday and "threw it all away".

The main item was a £500 roll up dinghy.

Thank you Mark

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

please what would you like to know?

Customer:

OK thanks and .

Customer:

I am a tenant of a Housing Association.

Customer:

Yesterday their contractors removed my property from a shared storage area

Customer:

They claim that they assumed it belonged to a flat they were clearing out

Customer:

This is the 4th such clearout with no other interference until yesterday

Customer:

when they decided to throw it all in the skip

Customer:

without even knowing who it belonged to

Customer:

what do i do ?

Customer:

my housing association first said it was a criminal matter

Customer:

the police said it wasn't because it wasn't an intentional theft

Customer:

the HA are now saying it's the sub-contractors fault

Customer:

and that sub-contractor sub-contracts the flat clearances to another sub-contractor who admiteed to have taken my stuff

Customer:

i have home insurance but this property will not be covered because it ws not under lock and key

Alex Watts :

So you have stuff moved out of your property.

Customer:

6 years its been stored there & nobody has ever touched it

Alex Watts :

What is it you want to achieve?

Customer:

no not out of my property, my things whiuch have been skpped were stored ina communal area which had nothing to do specifically withj the flat they were clearing

Customer:

they've never touched it befor eyesterday

Customer:

now its gone

Alex Watts :

How much to replace everything?

Customer:

and there are 4 tenants here

Alex Watts :

Ok

Customer:

about 750

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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .

Alex Watts :

Can I clarify anything about this today please?

Customer:

i had a 2 man inflatable dinghy, all rolled up in it's bag with alarm wires around it and the trolley it stood on, step ladders, tools, storage stuff on shelving - all gone

Customer:

acn i ask who THEY are please ?

Customer:

my housing associaiton or the subcontractors

Customer:

i pay my rent to my housing association and they issue the wrok

Alex Watts :

You sue both, it would be the Court to decide who is to blame

Customer:

there are 3 involved - the HA, their subby and their subby

Alex Watts :

You only sue the HA and the first contractor

Customer:

ok definitely both?

Alex Watts :

Yes

Customer:

thank you alex

Alex Watts :

Can I clarify anything else ?

Customer:

I'm confused as their defence - will it hold water ?

Customer:

they assumed it belonged to the tenant they were clearing is the best I'vegot from them so far

Alex Watts :

I do not think so, someone is to blame

Customer:

there are 4 of us & nobody asked me i was in here all day

Alex Watts :

That is why the Judge will decide who

Customer:

so you would advise that I have a claim ?

Alex Watts :

Yes. I think you have given what you have said

Customer:

ok well thank you

Alex Watts :

Can I clarify anything else ?

Ash and other Law Specialists are ready to help you