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Hi, thanks for the question. I’m Chris and I’m a Solicitor. I will be happy to assist you and hope to provide a full response as quickly as possible.
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I’m sorry to hear about the situation you find yourself in. Have you contacted the owner within the 6 days to chase them up?
Thanks for the phone call request, although I’m not able to take a call this evening. Can we discuss tomorrow?
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Thanks. We can continue here. I appreciate that you can’t put a value in the sentiment of the piece, but what would you say the value of the gold piece is?
It sounds as though it would be worth more now. I only ask because if you sue them, the value will depend on the complexity of the court process. Anything under £10k (which this wild probably be) would be small claims which is much simpler to do.
The argument from your point of view is that you entrusted this company with the item. They had a duty of care to keep it safe and they didn’t. Therefore you could argue to them that they are negligent. There is also distress at losing a sentimental piece. The difficulty is quantifying it. If you say they need to compensate, you have to tell them the amount. If you sued them, you would have to prove to the court the value of the item. If you have photos etc then you could get someone in the industry to suggest a value.
Firstly chase the company. However, I can guess what their answer will be because they haven’t contacted you. Then send them a letter setting out your position (a letter before action) commenting on the points I make above about trust and negligence and provide them with proof of the item missing and a value. You ask them for that amount and see how they respond.
They’ll either put up a fight to pay nothing, try to come to a settlement or pay the full amount. If it’s the first one, you might then want to take it to court.
However, you have to remember that it is your case to prove at court. You have to show that the gold piece was on there, that it was their fault it was lost and the value is what you say it is.
I can imagine it would be.
Maybe your mum would accept treatment in lieu of her loss?
I was thinking of further treatment beyond if she needed/wanted it.
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