Many thanks for your patience. It appears that the store has admitted liability but they are only refusing to pay out because you cannot provide proof of the jacket’s value. Whilst that could potentially be used as a reason by them to do so, there are ways around it and you could try and find out based on the make of it, how much it costs or at least get an approximate value for that. In the event that this was going to go to court, that is what they would do as well – they may try and ask for any evidence which points towards an approximate cost and in the end just use their best judgment to decide on that, even if there is no concrete proof.
Whilst you can consider negotiating with them, you cannot force them to accept any valuation or agree with one you have provided. In that case you may indeed have to consider taking this further more formally.
If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:
1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.
As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.
Does this answer your query?