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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44869
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I contracted a removals company in UK to collect a printer

Customer Question

Hello. I contracted a removals company in UK to collect a printer and accessories from an address in UK and to ship to (SA) South Africa. They were tasked to supply a suitable crate and sufficient packaging. On arrival in SA, the crate had failed, the parts all missing.
The printer sustained internal software/ hardware malfunction.
During the correspondence whilst quoting, I reiterated several times that I need insurance. I gave the goahead to deduct the premium. However, this was not done.
The removal company is refusing to entertain my claim. Invoices / quotes supplied.
They sight I never completed an excel spreadsheet designed for household goods to be able to add it to the policy. My argument is that I gave much more detail in email correspondence regarding the model, size, invoice, weight etc than the excel spreadsheet had space to write in. In addition, final email correspondence affirms my request to debit my credit card for insurance prior to collection.
This was never done. Now I have a problem
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Did they ever confirm they had purchased insurance on your behalf?
Customer: replied 1 year ago.
No, they never confirmed. In the emails, the last email to me was do I want insurance, I replied yes.
See emails below
Jul 8, 2015 at 11:18 PM Wyatt wrote:Hi MichelePlease use the credit card for payment. Insured value £1500Kind regardsWyattJul 9, 2015 at 9:33 AM Michelle wrote:Hi WyattMany thanks, ***** ***** ask accounts to take the payment.Insurance is priced at £70.00 + IPT, would you like me to add this to your file?Regards***** *****Jul 9, 2015 at 1:44 PM Wyatt wrote:Yes, I received an insurance quote for £63 from your colleague.
Expert:  Ben Jones replied 1 year ago.
The issue is that having requested insurance and given them the authorisation to debit the premium does not mean that insurance would have been guaranteed. This is still something which should have been confirmed with the company. You cannot assume that it was taken out just because you asked for it and they initially offered it to you – some confirmation would have been required. In any event, now that it was not taken out and they refuse to entertain your claim you only have one option really and that is to pursue the for damages. They can be pursued through the civil courts. However, as legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily resolve this.2. Letter before action – if informal reminders have been sent but these have been ignored, they must be sent a formal letter asking them to resolve this within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.3. If they fail to make contact to try and resolve this or refuse to, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to them and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Hi Ben
I attach the actual email correspondence between parties.
As far as I am concerned, reminder letter has been sent in the form of an email, detailing a quote. They initially said they may pay for damages but on receiving the quotes and my email today, they recused themselves and absolve their liability if any.
I would have hoped for a solution that a solicitor sends them a letter of demand.
Now I must send them a formal letter. Do you have a sample please.
If they do not resolve the issue after receiving the formal letter, I shall pursue the court action.What are my chances please?
Regards
Wyatt
Expert:  Ben Jones replied 1 year ago.
Hello, we do not have templates here but you can use one available online and tailor it to your requirements, for example: http://www.which.co.uk/consumer-rights/action/letter-before-small-claims-court-claim There is no need for a solicitor to get involved at this early stage and the letter can be sent by yourself. As to your chances of success it would be impossible to determine those simply by having an exchange online. This is done following a formal case analysis where you see a solicitor face to face, they ask you a number of questions and see the relevant evidence, see you in person to determine how strong a witness you would be etc. So we are a Q&A site where your legal position, options and the necessary steps are discussed but we cannot go as far as giving you chances of success. Hope this clarifies?
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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