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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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My daughter was working for a promotional company at Kings X

Resolved Question:

Hi,
My daughter was working for a promotional company at Kings X station.
She was told to store her rucksack with valuables (£1300) in a van and told it would be safe as it would be locked.
The bag was stolen and the incident reported to the police who provided us with a crime number.I wrote to the promotional company to say they had a duty of care for my daughters bag while in their employ and that we were looking to them to reimburse us for the loss.The promotional company say they cannot claim on their insurance as, in their view no crime has been committed as there is no sign of a break in. Furthermore they have no responsibility and but have offered a without prejudice payment of £400 (initially £200).We can produce several witnesses to the fact that the bag was put in the van and that all employees were told to put valuable in the van while working.Questions:
1. I am proposing a without prejudice counter offer of £1000. ( this is based on the items that witnesses saw my daughter with. These include prescription glasses costing £470 and a jacket £200.In addition 25% of the value of cosmetics and other items that might not have been new.
2. If I don't get a better offer is it worth going to the Small Claims court?I look forward to hearing from you.
Many thanks
Bill Raspin
Submitted: 23 days ago.
Category: Law
Expert:  Jamie-Law replied 23 days ago.

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

I am sorry to hear of the loss

I dont understand your question in relation to question 1. Are you asking if you should offer this?

Customer: replied 23 days ago.
on a without prejudice basis. If I dont get close to this is it worth going to Small Claims court?
Expert:  Jamie-Law replied 23 days ago.

Yes I think £1000 is reasonable. You need to write and set out your losses and request a payment within 14 days or say will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not pay 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?

If not, I would appreciate a 5 star rating for my answer. Thanks!

Customer: replied 23 days ago.
Thank you . This has been most helpful.
5* coming up!
Expert:  Jamie-Law replied 23 days ago.

Thanks. Please remember to rate, doesnt show yet.

Thanks in advance.

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