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Thread: HELP Need some major Legal advice

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  1. #51
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    Default Re: HELP Need some major Legal advice

    Update, when I took the rings into the auction house my husband was with me (we are legally seperated) but are now friends. Until today was not aware about any of this mess as he had a triple heart bypass in November which had complications. For the first time this year he has come around to see me, so I have told him everything. To start with he has the receipt with the terms and conditions at his place somewhere (hence why I could not find it) but he did read the small print (he was always good with paperwork) and a few days later wrote a short letter to the auction house stating he wanted to have a higher level of cover on the rings, he signed the letter in my name as he says I signed the original receipt, he reckons he told me all about this. The only reason he never gave me the paperwork back was because his operation was bought forward, he never gave the Auction house another thought. He now just needs to find this paperwork!!! Will this make any difference.

  2. #52
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    Default Re: HELP Need some major Legal advice

    After speaking to my ex and a friend I have decided to go for £10,000 to keep it in the small claims. I am so stressed at the moment and need to get this moving, think this is the most sensible option.

  3. #53
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    Default Re: HELP Need some major Legal advice

    Quote Originally Posted by Rosie10 View Post
    After speaking to my ex and a friend I have decided to go for £10,000 to keep it in the small claims. I am so stressed at the moment and need to get this moving, think this is the most sensible option.
    When you issue a claim it's not (at that stage) allocated to any track.

    It's not until after the Defence has been filed that the question of which track (Small Claims or Fast Track) is relevant.

    Claims over £10k can sometimes be allocated to the Small Claims Court if they are simple and straight forward in terms of legal argument.

    You have a situation where the potential Defendant has already admitted liability and made an offer to pay you. They've made a lousy offer. Your goal should be to get that offer increased before you issue any court proceedings.

    You've been spooked about legal costs if the claim is over £10k and allocated to the FT. You've been told that you will have to pay the other sides legal costs if you lose. This is true. But what if you win (on a claim where the Defendant has already admitted liability)?

    I wouldn't make a hasty decision until you've got all the facts in front of you.

    What was the last thing the police told you they would do? Are they pursuing their 'line of enquiry' that it was theft or are they letting the matter drop?

    Does the auction house have liability insurance in the event of a legal claim being issued against them?

    DI
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  4. #54
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    Default Re: HELP Need some major Legal advice

    The police have just accepted my rings have been stolen by unknown person at. ........... auction house. They are still pursing them because they confiscated there CCTV which the Auction house state has not been used since the new owner took over last year. It was encoded by the old company. The police gave them a date by which to contact the director of old company, but that date has long gone.

    I have no idea what insurance the auction house has.

  5. #55
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    Default Re: HELP Need some major Legal advice

    If the alleged 'thief' were to be caught and charged that would strengthen your case wouldn't it?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  6. #56
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    Default Re: HELP Need some major Legal advice

    That is never going to happen unless of course there is something on the CCTV???? I think they have dealt with the problem themself. According to info given to the police at least 5 people have left since the theft, that is a lot when only about 17 worked there. Strange thing is I am still on there mailing list, on Instagram they are always advertising for new staff.

    will it strengthen my case if my ex can find the signed contract and the letter he sent stating i wanted a higher level of insurance on my rings. He though that they would contact me when they received the letter but they obviously never did. Maybe they already knew that my rings had gone!!! Trouble is I could never prove it.
    Last edited by Rosie10; 21st April 2017 at 20:25:PM.

  7. #57
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    Default Re: HELP Need some major Legal advice

    Quote Originally Posted by Rosie10 View Post
    will it strengthen my case if my ex can find the signed contract and the letter he sent stating i wanted a higher level of insurance on my rings. He though that they would contact me when they received the letter but they obviously never did.
    I would think the signed contract is paramount to your case if you're claiming they breached it.

    i know it feels good to fire off a claim but you need to get all your documentary evidence together first especially when you're claiming a substantial sum of money.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  8. #58
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    Default Re: HELP Need some major Legal advice

    Hi Di, thank you for all your help it is greatly appreciated. Apart from the paperwork my ex still has I don't think there is any more I can do. What do you think?

  9. #59
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    Default Re: HELP Need some major Legal advice

    Quote Originally Posted by Rosie10 View Post
    Apart from the paperwork my ex still has I don't think there is any more I can do. What do you think?

    Let's see what paperwork your ex can dig up and then take it from there.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  10. #60
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    Default Re: HELP Need some major Legal advice

    My ex husband has found the signed contract and a copy of the letter he sent to them asking them to contact me with regards to a higher level of cover for my rings dated 15/10/17 3 days after my rings were taken in and 3 days before they went to auction. I am going over there tomorrow to collect.

  11. #61
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    Default Re: HELP Need some major Legal advice

    Still needing advice please, I now have all the paperwork should I now go on line and fill out the court paper work?

    Di how do you think I should now proceed?

    Many thanks

  12. #62
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    Default Re: HELP Need some major Legal advice

    Bump

  13. #63
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    Default Re: HELP Need some major Legal advice

    If you are concerned about the costs. If each ring was going to be sold as a separate lot could you bring a small claims for each ring.

  14. #64
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    Default Re: HELP Need some major Legal advice

    Thanks seduraed, your advice has been mentioned elsewhere. I am not sure if you can take 2 claims out against the same company. Hoping that someone will come back and answer this, as I would like to know asap as I need to submit claim.

  15. #65
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    Default Re: HELP Need some major Legal advice

    Bump

  16. #66
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    Default Re: HELP Need some major Legal advice

    tagging @Diana M xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

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  17. #67
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    Default Re: HELP Need some major Legal advice

    I think Di will want to know exactly what that letter 0f 15/10 (sent by your ex) said.
    Could you post up a copy?

  18. #68
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    Default Re: HELP Need some major Legal advice

    Thanks des8 but Di stated:
    t may be wise to hold fire on that and not post it in public until things are clearer. Even a redacted copy may not protect your identity since this is an unusual/peculiar set of circumstances.

    not sure what to do, wish Di would come back.

  19. #69
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    Default Re: HELP Need some major Legal advice

    Quote Originally Posted by Rosie10 View Post
    Thanks des8 but Di stated:
    t may be wise to hold fire on that and not post it in public until things are clearer. Even a redacted copy may not protect your identity since this is an unusual/peculiar set of circumstances.

    not sure what to do, wish Di would come back.
    you could email it to me and I'll redact/forward to Des (he's very trustworthy ) xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister sites http://lbcompare.co.uk
    and https://www.justbeagle.com

  20. #70
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    Default Re: HELP Need some major Legal advice

    Quote Originally Posted by Rosie10 View Post
    Thanks des8 but Di stated:
    t may be wise to hold fire on that and not post it in public until things are clearer. Even a redacted copy may not protect your identity since this is an unusual/peculiar set of circumstances.

    not sure what to do,
    wish Di would come back.
    I'm back

    (It's the Bank Holiday weekend so I've had my hands full, sorry).

    You can email me anything that you would like to have checked if you wish to keep documents private. You can reach me at di@joannaconnollysolicitors.co.uk (it's also in my signature at the bottom of this post).

    A quick response to your earlier question about issuing two claims, I don't think you can do that because the Claimant (you) would be the same, the Defendant (auction house) would be the same, and the evidence/circumstances surrounding the claim (potential theft or loss of rings etc) would be the same.

    Let's see what the paperwork shows before making a decision.

    No need to redact any documents sent to a firm of solicitors.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  21. #71
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    Default Re: HELP Need some major Legal advice

    Quote Originally Posted by Rosie10 View Post
    Still needing advice please, I now have all the paperwork should I now go on line and fill out the court paper work?

    Di how do you think I should now proceed?
    You may need to send a well crafted Letter Before Claim/Action before you issue any proceedings.

    You've now unearthed some new information (your ex's paperwork) so giving them the opportunity to respond may be best.

    Your LBA will probably say (a) what you intend to claim (amount), (b) why you think you have the right to claim it (because your rings went AWOL when in their possession), (c) what you expect them to do about it (i.e. pay you by a specific date) and (d) what will happen if they don't (you'll issue proceedings).

    If you give them enough information they may take fright and pay up, but more likely they'll pass your letter to their insurers.

    Courts can be picky about legal procedure which will be relevant if costs become an issue so things need to be done in the right way at the right time.

    Would your ex be willing to provide a Witness Statement if that became necessary?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  22. #72
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    Default Re: HELP Need some major Legal advice

    Hi Di, have sent you everything, thanks.

  23. #73
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    Default Re: HELP Need some major Legal advice

    Quote Originally Posted by Rosie10 View Post
    Hi Di, have sent you everything, thanks.
    I've just replied asking you for the formal valuations which you had done last December.

    Oh, and any paperwork from the police.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  24. #74
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    Default Re: HELP Need some major Legal advice

    Hi sent letter before action on 23 March 2017 not heard a thing (sent special guarantee next day delivery)!
    ,

  25. #75
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    Default Re: HELP Need some major Legal advice

    Think I have sent you everything, the crime report has a mistake regarding dates, I do have more paperwork from the police but think it basically states the same.

    - - - Updated - - -

    Yes I'm sure my ex would be fine regarding the witness statement.

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