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HELP Need some major Legal advice

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  • HELP Need some major Legal advice

    Here goes, in October 2016 I took 2 valuable rings into a London Auction house they were put up for auction once, I phoned and phoned them as I wanted them back no one ever got back to me. After not hearing anything (they were never put up for auction again) by the beginning of December one day I just kept ringing until I got hold of a Manager he was extremely unhelpful and stated he did not have time to do anything that day and would come back to me beginning of next week. I ended up phoning again and again was then told the rings had been misplaced, could he get back to me in a few days, again nothing. The following weekend went into the Auction house and sitting in their jewellery display was my ring box (very distinct) with a ring that was not either of mine. There was no one of authority in so was told the Operations Manager would ring me tomorrow, which he did, stating the rings had been stolen by an unknown employee. At first they refused to get the police involved and just asked me if i could get an up to date valuation for the rings, that was fairly easy as they were hand made for me and the shop still had records of the sale. In the new year took the valuation into them thinking they would put it through their insurance company, I then heard nothing. Got so annoyed I phoned the police which prompted them to also do same. The police went in and did nothing apart from giving me a crime reference number. I took advice and made a complain and the PC's boss agreed more should have been done. They went in again and took away all there CCTV. It then came to light that it had not worked since the New owner had taken over the business in May. 2016 even though it was public knowledge that he had spend a six figure sum on the place, the police where also told that the key to the safe was kept in a open drawer and all 17 employees had access to it. The police said there was nothing else they could do. In the crime report they have stated that the Auction house are negligent!!

    Present day I now have copy of the crime report stating the rings where STOLEN and a letter from the Auction house accepting they LOST my rings (yes they have changed it). I also have a independent statement from another of the Auction houses unhappy customers, photographs of the rings, plus receipt form from auction house. I have sent them a letter before action but because of the value of the rings (£12,959.00) everyone is saying I need a solicitor. Where do I go from here i feel like I'm in a really bad situation. All advice would be gratefully appreciated.
    Last edited by Rosie10; 13th April 2017, 20:03:PM.
    Tags: None

  • #2
    Re: HELP Need some major Legal advice

    Can you post up a copy of your LBA please and a copy of the auction house terms and conditions?

    I'm surprised they asked you to obtain an up dated valuation s auctio houses normally only accept liabiliy for the lower estimated pre sale price.


    Do you not have the items insured under your contents policy?

    Comment


    • #3
      Re: HELP Need some major Legal advice

      Sorry what is LBA?

      Bit surprised about your comment stating "auction houses normally only accept liability for the lower estimated pre sale price" is it common practice for valuables to be stolen at auction houses?

      no my insurance don't want to know they insist once signed over to auction house they should be covered by there insurance company. This was also confirmed by the person who took my rings in. They also told the police that the claim was going to be put through their insurance company (this is in crime report).
      Last edited by Rosie10; 9th April 2017, 20:31:PM.

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      • #4
        Re: HELP Need some major Legal advice

        Not sure it's relevant but everyone that had anything to do with my rings (some long term employees) no longer works for the company.

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        • #5
          Re: HELP Need some major Legal advice

          Without some proof they did something wrong it really isnt relevant

          An LBA is a letter before action and is required under the pre action protocols before you issue a claim in the county court. What did you say in your LBA?

          If you are issuing a claim for that amount i would think talking to a solicitor is a good idea, it would go 'fast track' where costs can be awarded. Worst case scenario is you win but because you haven't followed procedure or refused a reasonable settlement offer costs are awarded against you. That is worst case so is why a solicitor is advised


          Originally posted by Rosie10 View Post
          Not sure it's relevant but everyone that had anything to do with my rings (some long term employees) no longer works for the company.

          Comment


          • #6
            Re: HELP Need some major Legal advice

            I don't want to post a copy of Letter Before Action as people from Auction house are named along with the Auction house. If I disclose this info in a public forum and by any chance they read this, surely it will go against me when I go to court?? In the letter I have stated the facts (of which I have evidence) dates and names of people involved. Listed all documentation I will be using in claim. I invite them to attend mediation and state i require a response within 14 days from date of the letter (which was sent special next day delivery). Yes I am claiming the full replacement value.

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            • #7
              Re: HELP Need some major Legal advice

              Originally posted by Rosie10 View Post
              Sorry what is LBA? as above by Warwick

              Bit surprised about your comment stating "auction houses normally only accept liability for the lower estimated pre sale price" is it common practice for valuables to be stolen at auction houses?
              don't know how often items go missing, but that is a standard limit on auction houses'liability as written in their T&Cs (well with the last three I have used)

              no my insurance don't want to know they insist once signed over to auction house (agree most policies do not cover items once out of house for sale, but there are sometimes exceptions for high value items.. but it does cost a lot extra) they should be covered by there insurance company. This was also confirmed by the person who took my rings in. They also told the police that the claim was going to be put through their insurance company (this is in crime report).But this is no direct concern of yours as you claim against the auction house
              Whether or not you proceed without legal representaion will depend on how confident you are.
              Can you post up a copy of your LBA? You can remove identifying details f you wish.
              All the details you intend relying on in court have to be disclosed to the other side before the hearing, so secrecy is not an advantage.

              Comment


              • #8
                Re: HELP Need some major Legal advice

                All the details are listed in the LBA, I am not hiding anything from them. Was told not to go public with the info by the police inspector involved in this case. Is the crime report irrelevant? This is not what I understand to be the facts.

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                • #9
                  Re: HELP Need some major Legal advice

                  Obviously you are not going to go public by publishing an account in the local paper, bt if you are looking for reassurance it helps if we have te full story.
                  Is hepolice inspector helping?

                  Your claim will be against the auction house. Whether you base it on the Torts (interference with goods )Act 1977 sec2 (2) or breach of contract will depend on the wording of your contract with the auction house.
                  Whether the items were stolen or mislaid or lost is not part of your claim.
                  Your claim is for the non return of your unsold items, following the negligence of the auctioneers.

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                  • #10
                    Re: HELP Need some major Legal advice

                    Yes the police are helping me. They are still in contact with the Auction house as they have not compiled with giving the police information requested.

                    thank you for your help this is all so confusing to me but I will upload a copy of my LBA tomorrow. I need to get the paperwork filed with the courts early this week as the 14 days have run out. Is it all done on line, does it explain how many copies you need to supply. Do you just send the paperwork as detailed in my LBA in separately? I have been dreading this.

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                    • #11
                      Re: HELP Need some major Legal advice

                      You do not have to submit your caim to the courts as soon as the 14 days expire, so relax.

                      You will be better registering with MCOL (https://www.moneyclaim.gov.uk/web/mcol/welcome) and filing your claim online.
                      Your initial claim will be quite brief, and will not require filing of paperwork.
                      Due to the amount claimed it will be allocated to the fast track.

                      You will get help from this site in formulating your claim, and guiding you through the process.
                      At the end of the day however (if it reaches court) you will be the one in court, and you may prefer to obtain the services of a solicitor.
                      You might like to have a read of this guide (http://www.barcouncil.org.uk/media/2...online_use.pdf ).

                      Comment


                      • #12
                        Re: HELP Need some major Legal advice

                        Thank you I will register with MCOL, thank god I found this site you are a wealth of help and knowledge. I hope I can get through this without a solicitor as I really cannot afford one. I only ended up in this situation (taking rings to auction) as I split from my husband, I have dreadful health problems which in itself makes life very difficult.

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                        • #13
                          Re: HELP Need some major Legal advice

                          If you are in financial difficulty you may qualify for court fee exemption: https://www.gov.uk/government/public...-tribunal-fees.

                          Have you spoken to any solicitors yet?
                          You may get a free initiaL consultation, and they might be able to offer a conditional fee arrangement (no win no fee)

                          If you can't find a solicitor our sister site (LBcompare.co.uk) might be of assistance

                          Comment


                          • #14
                            Re: HELP Need some major Legal advice

                            Have registered with moneyclaim.gov.uk. Am going to spend tomorrow ringing around solicitors to see if I can find one that does no win no fee. I have tried to go into the (LBcompare.co.uk) but I keep getting an error message.

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                            • #15
                              Re: HELP Need some major Legal advice

                              [MENTION=49370]Kati[/MENTION] is there a problem with LBcompare please?
                              Only get "502 bad gateway" message

                              Comment

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