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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I recently moved May 16th and employed a removal firm to

Resolved Question:

I recently moved May 16th and employed a removal firm to carry out the task. We opted for a packaging service where they pack all items and then return them on a date suitable to exchange of contract, When the items were returned to us many of the items were damaged dirty,dusty etc, I contacted them and they have accepted liability. One item was extremely valuable and they cannot get a replacement as its 20 or so years old. I have contacted them every week about them claiming on their insurance , but they simply chose to give me excuse on why the have not. Please can you help
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 4 months ago.

What reason have the provided for not claiming through their insurance?

Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 4 months ago.

Hi there. Thank you for your request for a phone call. I am unable to talk at the moment as I am in court today but if you provide the information requested, I will review the relevant information and laws and get back to you as soon as I can. Please do not respond to this message after you have provided the information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Customer: replied 4 months ago.
my number is *****
Expert:  Ben Jones replied 4 months ago.

Sorry I am unable to call at present as I am in court. What reason have the provided for not claiming through their insurance?

Customer: replied 4 months ago.
They have not release it to me
Expert:  Ben Jones replied 4 months ago.

What is the approximate value of the item?

Customer: replied 4 months ago.
The problem with the item is there only handful made and we searched everywhere to get a valuation and know one is quite prepared to give us a valuation it cost 1,500 20 years ago
Customer: replied 4 months ago.
To us it's priceless as it has a great deal of sentiment with it
Customer: replied 4 months ago.
Think I can wait and speak to you
Expert:  Ben Jones replied 4 months ago.

call offer proposed, once accepted will call as soon as i can

Expert:  Ben Jones replied 4 months ago.

So do you wish me to continue on here?

Customer: replied 4 months ago.
at this moment in time not quite sure how this works how many questions can I ask and for what cost?
Expert:  Ben Jones replied 4 months ago.

the initial deposit you paid covers the written responses on here. if you need a phone call then that is at an additional cost as per the quote sent

Customer: replied 4 months ago.
Stay here then for now , if it's an added 44.00
Expert:  Ben Jones replied 4 months ago.

ok no problem, I will reply this eve once back home from court, many thanks

Expert:  Ben Jones replied 4 months ago.

Many thanks for your patience. From what has happened so far it does not appear that liability is under dispute – they have admitted there are liable and have taken responsibility for the damage caused. Therefore, the main issue now is how to take things further and ensure that you are adequately compensated for this.

When it comes to compensation for items that are of sentimental value, unfortunately the courts will have to consider simply what their market value is because it is impossible to measure sentiment and attach a value to it. So if a replacement is not possible then financial compensation up to its current value is the most likely outcome.

In terms of progressing the claim, if they have insurance then that is what should cover such claims. However, it is not mandatory for compensation to be issued by the insurers. If the company wanted to do this directly and not claim from their insurance then they are of course able to do that. However, one way or another you must be compensated.

If they are not willing to resolve this and are neither compensating you directly, nor giving you details of their insurers, then you can consider taking this matter further by pursuing them down the legal route, which is always an option open to you.

This is your basic legal position. I have more detailed advice for you in terms of the steps you must follow if you wanted to take matter further, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 4 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Customer: replied 4 months ago.
Hiya my concern is the figurine that got broken is no longer in circulation and it was one of a set amount and we cannot find anywhere to get a valuation so what happens in this case ?
Expert:  Ben Jones replied 4 months ago.

Someone somewhere will have an approximate figure for its value - whilst that may mean looking around for more specialist valuers, such as those attached to auction houses, you will have to find some kind of approximation for its value, otherwise in the end a court may have to decide but they may not be that precise with their estimation

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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