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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71158
Experience:  Over 5 years in practice
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My wife left her purse containing £350 in cash, stamps and

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My wife left her purse containing £350 in cash, stamps and gift vouchers in a Branch of McDonalds (Forbury Reading). She realised this when she got to Aldis and rang McDonalds. They claimed no knowledge of the purse but she went back anyway. On arrival staff admitted they had found it but had placed it under the counter, in stead of securing it in the manager's office. The Manager then searched under the counter and in the bins, but could not find it. Later CCTV footage shows a customer leaning over the counter and removing it. Do we have a legal case to take McDonalds to a small claims court for not following their own lost and found procedures and to claim the £350? I have spoken to McDonalds three times and communicated my complaint twice but they have never acknowledged anything thing other than to say that their lawyers are dealing with it.

No, I am sorry.

Their lost and found policies are not law.

Come what may, they didn't have any duty at all to take any care over this pursue. Ultimately they weren't responsible for it.

The fact that they did is more than the law requires.

There is obviously a case against the person who took it but you have to identify him.

The only possible claim against McDonalds is to argue that they became a bailee of the pursue but, if I am wholly honest, that is fairly weak.

The only purpose in bringing a claim at all is in the hope that McDonalds will not consider it worth contesting and settle which might happen.

You should be aware though that if they do refuse you would lose at court.

I'm very sorry

Can I clarify anything for you?


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