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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My mother in a reputable care home had stolen off her person

Customer Question

My mother in a reputable care home had stolen off her person an expensive ring, gold necklace and pashmina shawl whilst sleeping during the night. When she woke she immediately reported the theft to a nurse who then told the person on duty. However procedures were not followed and it was not until I reported it to the manager later in the day that she knew anything about it. A file was raised with the local authority (Chelsea, London) and my sister and I made it quite plain that we expected the insurance to compensate her. Despite several letters and emails with the manager, 18 months later nothing. We are talking thousands. Ruth Minton
Submitted: 4 months ago.
Category: Law
Expert:  Ash replied 4 months ago.

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

What would you like to know about this today please? Alex

Customer: replied 4 months ago.
This is a complete sham, I paid £38 to get a response to a question by a solicitor as you are offering and all I get when I go into the email "I have an answer for you" is nothing! just a request for more money. I am going to bring this to the attention of the regulators of the web. Ruth
Expert:  Ash replied 4 months ago.

Someone people prefer to speak on the phone so get the information faster which is an additional service.

In order to help you I need to know what your question is about this today.

I thank you for your background but I do not know what needs answering.

Thanks

Customer: replied 4 months ago.
I want to know if they have a legal obligation to make a claim on the care home insurance to cover the items stolen of my mother's person. Ruth
Expert:  Ash replied 4 months ago.

There is no legal obligation no Ruth.

You can simply claim against the home and it is up to them whether they claim against their insurance.

You need to write and set out your losses and request a refund (of the replacement costs) 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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

Customer: replied 4 months ago.
No thank you
Expert:  Ash replied 4 months ago.

Have a good weekend. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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