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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73488
Experience:  Qualified Solicitor
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Im a harp player in a band and my harp was slightly damaged

Customer Question

hello, Im a harp player in a band and my harp was slightly damaged during my last gig, I went to a musical instrument technician, asking him to complete the work within three days. he says no problem because its a rather small job, as a payment he said it would be enough for me to give him an autograph when i come back to collect the repaired harp. he said he was hoping to sell the autograph later when i become world famous in order to make a profit. we both agree. Three days later, i call the technician to ask him if i can now go and collect the harp, but then he tells me he is embarrassed as thatis not going to be possible: he accidentally and completely destroyed my harp while trying to repair it, what do I do as I have an audition coming up thank you
JA: Where are you? It matters because laws vary by location.
Customer: london
JA: What steps have you taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: yes also I'm in a band I don't want to be in but my manager told me I have to stay for 3 years as its a legally binding contract
Submitted: 14 days ago.
Category: Law
Expert:  Ben Jones replied 14 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 14 days ago.
sure thanks
Expert:  Ben Jones replied 14 days ago.

How much was the harp worth? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 14 days ago.
700
Customer: replied 14 days ago.
pounds
Expert:  Ben Jones replied 14 days ago.
Thank you very much for clarifying. First of all, I am sorry to hear about the situation you have found yourself in.As the person who had it would have had a duty of care to look after it whilst in their possession, if they damaged or destroyed it that would amount to negligence and you can consider pursuing them for compensation for its current value.If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this: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 – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for compensation. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.gov.uk/make-money-claim. There will be a fee payable, which depends on the amount that is claimed. The other side will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the other side that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial payment of the amount sought in the claim.
Expert:  Ben Jones replied 14 days ago.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.