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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The last September I went to live in a building with 24 hours

Resolved Question:

The last September I went to live in a building with 24 hours reception and 24 hours security, 7 days a week. I asked in reception where I can leave my bicycle and they told me I can attach it anywhere in the private court inside.
After the winter, today I went to look for my bicycle and I couldn't find it. I asked in reception and they told me to ask the building's manager, who told me that it was illegal there and it has been removed. They tried to look for it, once provided my description, but at the end they told me that they couldn't find it.
What I need to do in that case?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Is it a term of your agreement?
Customer: replied 2 years ago.

I don't have a written agreement where I live. My landlord didn't provide me any contract

Expert:  Ash replied 2 years ago.
Ok, what is the cost of the bike? Did you check on it periodically?
Customer: replied 2 years ago.

No, I didn't check it periodically. The cost can be 100 pounds

Expert:  Ash replied 2 years ago.
Did they store it for you or did you do that yourself?
Customer: replied 2 years ago.

I attached it myself to a pole inside, near a lot of other bicycle. But I asked in reception. And probably during this winter they decided to remove all of them, because there are no bycicle at all now. It was supposed to be removed and placed in some sort of warehouse. However they didn't find it in the warehouse, according to my description.

I asked if I can look myself and I said I have the key of the locker to demonstrate which one is mine. But they told me they removed all the lockers and put it apart from the bycicle.

Expert:  Ash replied 2 years ago.
Did they say they disposed of it?
Customer: replied 2 years ago.

They said they stored all the bikes they removed. However when they looked for mine, they didn't find it

Expert:  Ash replied 2 years ago.
But you dont know whether they removed it?
Customer: replied 2 years ago.

I haven't seen them removing it. They told me they removed all the bicycles in the building and they stored them, but considered they haven't found mine, according to the description I gave them, they told me that mine has been probably stolen. However I consider them responsible for this, as they are supposed to surveil the place 24 hours a day.

So, what should I do?

Expert:  Ash replied 2 years ago.
Ok. Sadly I dont think they are responsible. If it was a term of your tenancy you could store a bike there then it would form part of a contract and they would have a duty of care. However you do not have a contract. If they didnt take yours to store it (and you can't be sure they did take it to store it) then they also have no duty.
Therefore sadly I am of the view they are not responsible for this loss as its not a term of your contract or they didnt' take it. However if you want to issue a claim I will outline what to do:
You need to write and set out your losses and request a refund of the £100 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?
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

From your experience, is there any chance I will get my money or you think it's a waste of time?

Can I just send the letter and see if I can get refunded and then not to go to court? Or after I claim I go to court, I have to go?

Expert:  Ash replied 2 years ago.
It depends, if the person who damaged it has money, its worth a claim.
Its the county Court and yes, if it is defended then it will go to court and you need to attend.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.

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