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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 69272
Experience:  Qualified Solicitor
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I damaged an expensive jacket(£500) in a tesco store as a

Customer Question

Hi i damaged an expensive jacket(£500) in a tesco store as a result of a damaged trolley a staff member left in an innapropriate place which the store manager admitted fault for having been refered to there damages department they are refusing to compensate me as i cant produce a receipt as the jacket was a gift and the person who gave it me doesnt have it either! Where do i stand legally on being able to get compensation
Assistant: Where are you? It matters because laws vary by location.
Customer: Uk
Assistant: What steps have you taken so far?
Customer: Complained, sent photos to there damages department
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Expert:  Ben Jones replied 7 months ago.

How long ago was this?

Customer: replied 7 months ago.
November
Customer: replied 7 months ago.
No messaging is fine
Customer: replied 7 months ago.
Can this only be resolved by phone? Or can i message
Customer: replied 7 months ago.
All i want to know is if tesco are liable for my jacket
Customer: replied 7 months ago.
Hello
Expert:  Ben Jones replied 7 months ago.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 7 months ago.

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?

Expert:  Ben Jones replied 7 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Expert:  Ben Jones replied 7 months ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you