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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I suffered damage to a crowned tooth after biting on a foreign

Resolved Question:

I suffered damage to a crowned tooth after biting on a foreign object from a packet of
croutons. The crown has had to be replaced at a cost of just over £500.
I wrote to the manufacturer, sending both the foreign object( a piece of plastic) and the
packaging and informed them that I would be incurring expense as a result of this.
I received a reply stating that their records showed that all checks showed that their procedures were in place at the time of manufacture and that they "could not understand
how the object came to be associated with their product".
Although they did not know how much my dentistry would cost at the time I wrote to them, I received a derisory £5 voucher "for goodwill".
Am I entitled to make a claim under the small claims procedures?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Yes - small claims applies to personal injury claims for £1000 or under. 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?Alex
Expert:  Ash replied 1 year ago.
I should make it clear the £10,000 limit is for debt.£1000 is the limit for personal injury.Alex
Customer: replied 1 year ago.
Thank you for your reply. Is it correct that they cannot merely rely on their records of procedures - the fact remains that there was a foreign body in the product which caused the injury.
Expert:  Ash replied 1 year ago.
Well if they dispute it, you need to prove the foreign item was there. If not then yes, they can not merely rely on records. They could counter sue their supplier.Does that clarify?Alex
Customer: replied 1 year ago.
Yes, thank you. I will embark on the action you have outlined and write to them again.
Expert:  Ash replied 1 year ago.
Good luck. If I could invite you to rate my answer before you go today please, otherwise the system doesnt credit me for the time spent with you. Thanks in advance. Alex
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