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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We left our £600 Buggy at the nursery's buggy shed outside

Resolved Question:

We left our £600 Buggy at the nursery's buggy shed outside the nursery and it has been stolen. The nursery has 2 buggy sheds, one of which has CCTV and the other ones doesn't. There was a sign on the shed which the buggy left in that leaving the buggy is at the owners risk. However, (a) we have been with the nursery 1.5 weeks and nobody spoke to us about the risks and advice to lock it, (b) we weren't informed that there is no CCTV on that specific shed (c) that the gates aren't locked during the day and that anybody from the street could walk in. There was a pram left behind that day (completely unlike ours so no chance of confusion), which hasn't been claimed since then (its a £250 pram). We believe it has been left by the thief and that the thief subsequently is the thief. The Nursery refuses to identify the owner of the pram or to pay compensation. Do we have a case for compensation and should we take this to the 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 :

What is it you want to achieve?

Alex Watts :

Did you sign any terms and conditions to leave the buggy?

Customer:

Hi, I would like to get the nursery to compensate for the buggy or identify the person who has stolen the buggy

Customer:

I did not sign any terms and conditions

Customer:

Hi Alex are you having issues staying in the chat?

Customer:

sorry this hasn't answered anything for me.

Alex Watts :

Please do not try and rate as I needed more information

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.



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 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 for trial.



Can I clarify anything for you about this today please?

Customer: But do i have a case in the court? Does the sign justify them not compensating?
Alex Watts :

Well that is a matter of evidence. Anything that is unusual or onerous should be pointed out to you.

Alex Watts :

If not then it makes your case stronger.

Alex Watts :

Does that help?

Customer:

Will the costs for the application be then also covered by them?

Alex Watts :

https://www.justice.gov.uk/courts/fees

Alex Watts :

They are listed here.

Alex Watts :

And if you win then yes you would get costs added.

Alex Watts :

Does that clarify>

Customer:

Hi, sorry I am at work and got distracted yesterday. Thanks for your help. I have a few more questions and then I will rate the conversation. So the best approach is to write a letter demanding payment within 14 days. From what I know I need to show that I made reasonable efforts to get the payment. Do I then document in the letter the conversations we had with them?
Do i also reference in taht letter that no effort was made from them to educate us that there is no cctv, that they had prams stolen previously, that they advise to lock the prams with our own locks and that the gates to the nursery arent locked during the day? Or do i keep that for the court application?
There has also been a previous case where they have compensated a person whose Stroller got stolen. Is this supportive of my case? They have not changed anything since that happened (or our buggy got stolen).
And the last question, do i file a report at the police for that day so that we can refer to that? Tell them that it was stolen at the nursery? We havent done this yet as we were jhoping that they would just sort it out for us.
Thanks.

Alex Watts :

1) Yes document the letter and conversations

Alex Watts :

2) Yes reference effort was made re CCTV

Alex Watts :

3) The fact they have previously paid out does help

Alex Watts :

4) Yes you can file a report with the Police if you wish

Customer:

thank you for your help.

Alex Watts :

Thank you. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

No thanks. Rating now. Thanks

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