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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 9039
Experience:  Solicitor
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I arranged for the removal of my late father's possessions

Customer Question

Hello,
I arranged for the removal of my late father's possessions from my mum's house, where they had been stored for 11 days. I arranged it through AnyVan, who act as an agent and assigned a driver and van to my request. The driver they assigned was not the driver who turned up on the day to collect the items, but somebody who was working on behalf of the driver. I don't know their names as I was at my father's wake. My husband and my mum were there to oversee the collection of the items.When the item's were dropped off at my home in Wilmslow and the delivery was overseen by my father-in-law.My father-in-law then noticed that the television, which was part of the collection of items was damaged. I contacted AnyVan, who in turn contacted the driver who was initially assigned to the request and they said that the television was stored in a shed and looked like it had been there for sometime and they were not willing to accept liability for the damage.This is a complete lie. The television, and a guitar were stored in my mum's house and one of the drivers collected it from the living room. The television was not covered, so they would have seen that it was not damaged. They even asked for more blankets or something to cover the television with so it wouldn't get damaged!Do I need to take them to the small claims court? What are the chances, when it is essentially my word against theirs? I do have witnesses, my mum and husband as well as my father-in-law.Please advise.Thank you for your help,All the bestDanielle
Submitted: 7 months ago.
Category: Law
Expert:  Jamie-Law replied 7 months ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 7 months ago.

What is the amount of your loss please?

Customer: replied 7 months ago.
The television is worth £589.Thank you for your help with this.
Customer: replied 7 months ago.
No, I'd prefer to message rather than telephone if that's ok.
Customer: replied 7 months ago.
Do you need any further information from me?
Customer: replied 7 months ago.
Hello Jamie,
Just to set my expectations, when can I expect a response from you regarding my query please?Thank youDanielle
Expert:  Jamie-Law replied 7 months ago.

Please bear in mind this is not an on demand live service. I am in and out of Court.

Are you looking to claim from the Company?

Customer: replied 7 months ago.
Hi Jamie,
No problem, I do understand that you're busy and I'm very grateful for your time. I'll just wait for your response.
I've been told that I can't claim from AnyVan as they were just acting as an agent, and they've sent me all of the small print which covers what they've said.I don't necessarily want to take anybody to court. I'd prefer to settle out of court, but I feel that a complete injustice has been done, because the driver in charge has lied that the television was in a shed, and had been there for sometime. They saw the television and picked it up from inside the house. With it also belonging to my late father, I just want justice, so if possible, I would like the monetary value of the television and if possible, compensation for the distress caused.I just need to know if I have a case, as it is my word against theirs, although I do have witnesses.What troubles me, and I am not a legal person, but as the driver has liability insurance, can he not just give me his insurance details and the insurance company can decide if he is liable or not? Is it up to him to decide and then withhold the insurance details - he wasn't even there when the items were collected. It was a woman and her son who picked up the items. He is refusing to give me their names.Please let me know if you require anymore information.All the bestDanielle Lahan
Expert:  Jamie-Law replied 7 months ago.

You need to write and set out your losses and request a refund 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/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. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!