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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45329
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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There , I used a removal company to move my furniture

Customer Question

hi there ,
I used a removal company to move my furniture from my old house I sold to my new house I purchased with 4 week storage with the company has my new property wasn't ready . When 4 weeks on the removal company turned up with my goods to new address the guy got out the lorry and informed me a lot of my worldly goods had been damaged . He signed a letter saying the furniture was damaged . The boss of the company has not answered my calls and I have written 2 letters with no reply asking for his insurance details . Also the company still have a considerable amount of my property I don't seam to be able to get . I.e a boat engine power tools boat fishing tackle etc all to about 5k plus my damaged furniture in my home . What can I do
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Did you have a written contract with them and if so did it say anything about them being able to limit their liability for damage?
Customer: replied 1 year ago.
I did have a written contract with them but seam to have lost it with the move . They did give me a list of my items they had taken for which I have and it does list the things they stil have .
Customer: replied 1 year ago.
Hi Ben you still there ??
Expert:  Ben Jones replied 1 year ago.
OK thank you. What you need to be careful about here is that such companies can limit their liability for loss or damage through a contractual agreement with you. So if the contract said that they will not be liable for damage or loss to items whilst in their possession and you accepted that contract when you decided to use their services, they may not necessarily be held liable for such damages or losses. What you would have to do then is to take out separate insurance cover to deal with such eventualities. The insurance could be an additional premium offered by the company or you could take it out separately. So if you had such an exclusion of liability clause and no other insurance to cover such issues then you may be stuck with claiming for the damage from anyone. However, if no such exclusion existed then you could hold them liable for the damage as you would be arguing they had acted negligently in the provision of their services and that would allow you to claim potential compensation for the losses suffered. You will have separate rights in relation to the items they still hold and which they are refusing to return to you. They would not be damaged or lost so they cannot rely on any such exclusions. You could pursue them for the value of the items as you may not necessarily be able to force them to return the actual items. A court may order the return of the items but no one can physically force them t do so and in that event you would be looking at financial compensation for their equivalent value. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you are considering taking more formal steps, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
Thanks for advice .
Can I issue a statuary demand for the losses of my items not returned to the cost of ? .
Expert:  Ben Jones replied 1 year ago.
What is the approximate value?
Customer: replied 1 year ago.
5 thousand pound
Expert:  Ben Jones replied 1 year ago.
Yo can send a statutory demand or you can just proceed with a claim in the small claims court
Customer: replied 1 year ago.
How much roughly would a stat demand cost and what sort of company would send one for me ?
Expert:  Ben Jones replied 1 year ago.
You do not need to pay anyone for that you can do it yourself
Customer: replied 1 year ago.
How Ben ? And do you think I have a good case .
Thanks
Expert:  Ben Jones replied 1 year ago.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/467590/Statutory-Demands-oct15.pdf You do have a case if they are just holding your property and refusing to return it. The damage compensation will depend on hat exclusions existed. Hope this clarifies?
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45329
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Ben
Expert:  Ben Jones replied 1 year ago.
You are most welcome

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