Ask a Law Question, Get an Answer ASAP!
Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.
I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.
Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.
However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.
You have a claim in breach of contract and breach of the sale and supply of goods and services legislation against the insurer. The Defendant was under a duty in contract law and statute to provide you with a product and service that was fit for purpose, of reasonably satisfactory quality and matched the description at the point of sale. Your damages will be the cost of a suitable replacement laptop which they have refused to pay you.
You should send a letter of claim to them. There are plenty of free templates online and the consumer protection advice magazine/website “Which?” has a useful template which you can adapt to your claim: https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim.
If they do not reply with their reasons for disputing the claim within 21 days, you should issue court proceedings via the Government’s Small Claims Track Online System: https://www.gov.uk/make-money-claim. The issue fee will be no more than £500 for a claim of this size.
A party cannot normally recover solicitors’ costs on the Small Claims Track. However, it is designed for non-lawyers (known as “Litigants In Person”). The trials are relatively informal, and the judges do not expect parties to have the same legal knowledge as experienced solicitors and barristers.
I hope this resolves your enquiry. Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.
That's great to hear! All the best with it!!