Stock damaged by 3rd Party

[des8]

Re: Stock damaged by 3rd Party

AEI= after the event insurance policy. Normally taken out to support a conditional fee agreement (no win no fee) with a solicitor.

[righty]

Re: Stock damaged by 3rd Party

AEI?

So theoretically if I have legal expenses cover on a car I could also use that?

perfectly possible

[wales01man]

Re: Stock damaged by 3rd Party

Would think the Car one will not cover it and as its Business why would Home insurance cover it?
As its many thousands of pounds at stake why are you not talking to a Solicitor?

[righty]

Re: Stock damaged by 3rd Party

Would think the Car one will not cover it and as its Business why would Home insurance cover it?
As its many thousands of pounds at stake why are you not talking to a Solicitor?

Don't be to sure as I've known it to be used to sue B&Q over a badly fitted kitchen

[wales01man]

Re: Stock damaged by 3rd Party

Its a Business trying to use a Personal insurance for a claim or to pay costs ?

[des8]

Re: Stock damaged by 3rd Party

Legal Expenses Insurance bought as part of a household insurance generally excludes claims concerning the insured's commercial undertakings.
There are separate commercial Legal Expenses policies for this sort of risk.
Also the LE insurers are a bit choosy and only take on a case where they are pretty certain of winning, hence I would never suggest anyone purchases this sort of policy. If it's a free add on, fine, but why pay for something which you can either deal with yourself, or do on a win no fee basis?

[Rhothgar]

Re: Stock damaged by 3rd Party

Would think the Car one will not cover it and as its Business why would Home insurance cover it?
As its many thousands of pounds at stake why are you not talking to a Solicitor?

It's knowing how much to throw at it. Alligator will play games as it suits them as they are doing. I'll about spend £100-£200 with a solicitor just for a letter and then Alligator may then simply pay and I am out of pocket with no chance of reclaiming the costs. Or it could of course get messy and drawn out, something that Alligator may choose to do and then what?

If my household insurance does cover it, it is the cost of a phone call when I can find my policy documents. I have a reminder on my phone to say it ran out on the 25/09 (or else I set the reminder well in advance of it renewing). So this happened potentially 4 days before policy ended.

[Rhothgar]

Re: Stock damaged by 3rd Party

Just got off the phone from a solicitor who will be getting someone to call me back shortly.

One thing I noticed is that although they have a Scottish Company SC294295, at the foot of their T&C's it states that Alligator Self Storage is a trading name of Keepsafe Limited.

Keepsafe were a UK company. How would I know whether or not this contract is governed by UK or Scottish Contract Law.

I have tried to look into AEI but it will not cover such small amounts and it is exclusively for the use of solicitors who share the risk with the underwriters so that is a no-go.

It seems that a small claims court filing may be the only way forward.

Advice appreciated so far and also comments on whether they are governed by UK or Scottish Law most welcome.

Also, any idea where can I find company details of Scottish Companies?

[des8]

Re: Stock damaged by 3rd Party

General provision 34 states this contract is governed by Scots Law &you agree to submit to the exclusive jurisdiction of Scots courts.
However Alligator is only a trading name of Keepsafe ltd, with registered offices in England

Regarding jurisdiction you may find this useful as it seems to indicate you can sue in the jurisdiction of your choice
Jurisdiction clausesThe greatest barrier to the freedom to choose the jurisdiction in which a party can issue a claim is an exclusive jurisdiction clause. However, the courts in both England and Wales and Scotland recognise the doctrine of forum non conveniens. This is a test which is applied to determine what is the most appropriate court to try the case for the interests of all the parties and the ends of justice (Spiliada Maritime Corp v Cansulex Ltd [1987] AC 460). This means that if a contract contains a jurisdiction clause which states that it is subject to the exclusive jurisdiction of the courts and law of England and Wales, a court may still decide by applying this test that the claim relates to the actions of a branch office in Scotland and so should be determined by the Scottish courts. The claimant, therefore, may make a tactical decision to issue a claim in one jurisdiction and the defendant (known as the defender in Scotland) then must decide whether to challenge this. This carries with it the usual costs risk, which must be considered by both parties in the circumstances of the case. In cases in the UK this is particularly significant as often there is not much to separate whether one forum is more appropriate than the other, and so the case may remain in the jurisdiction in which the claim has been made.

[righty]

Re: Stock damaged by 3rd Party

Legal Expenses Insurance bought as part of a household insurance generally excludes claims concerning the insured's commercial undertakings.
There are separate commercial Legal Expenses policies for this sort of risk.
Also the LE insurers are a bit choosy and only take on a case where they are pretty certain of winning, hence I would never suggest anyone purchases this sort of policy. If it's a free add on, fine, but why pay for something which you can either deal with yourself, or do on a win no fee basis?

In the main I agree BUT I have known legal expense insurers agree (after some debate) to support a claim not mentioned in their policy

[Rhothgar]

Re: Stock damaged by 3rd Party

Commercial premises are required by law to know the number of people in them at any given time. This is to facilitate the emergency services so that they will be able to account for everyone (or not) AND that's why you sign and print your name in a visitors book

What law dictates this please?

[Rhothgar]

Re: Stock damaged by 3rd Party

After a lull, and not getting anywhere, it transpires that Alligator were in the process of selling out to another business. This fully explains why they were not in the slightest bit interested in getting this resolved. That and helping Gside12972 with his disciplinary.

To date, I never got anywhere with this.

Sadly, I found we have no legal expenses cover on ANY policy although only the home policy may have covered this as a contractual dispute.

That aside now, I have written to the 3rd Party renter who keeps assuring me that the removals company will be in touch.

I have also written to the new owners asking that they review the situation and show some 'moral uprightness' by getting this resolved one way or another. I have also asked them to take action against the 3rd Party in accordance with Clause 9.7.

I have also told the 3rd party that I have written to the new owners asking them to take action against them to recover the debt and that if we do not hear from them within 14 days, we shall instruct solicitors to file a claim. I think we will go down the MCOL route to keep costs down.

Can I issue a MCOL in the name of all parties concerned would anyone know and make them all jointly liable?

[des8]

Re: Stock damaged by 3rd Party

Seems so
CPR Part 19 : "Any number of claimants or defendants may be joined as parties to a claim" (which has already started)

http://www.justice.gov.uk/courts/pro...l/rules/part19

CPR Part 12 . 8 "claim against more than one defendant"

http://www.justice.gov.uk/courts/pro...l/rules/part12

[righty]

Re: Stock damaged by 3rd Party

Elf and safety

[Rhothgar]

Re: Stock damaged by 3rd Party

I am having a very bad year so far. I hope next year is better.

No-one is willing to move on this damage to our stock.

I have advised all parties that there will be a loss of profit element to be considered also because the stock could have been sold, money reinvested in more stock and then resold.

Is that a fair and valid claim to include consequential loss?

The removals guy is arguing we should not have had stock stacked against a locked leaf of a double door. This is the steel leaf that his employee fell into. I told him it is entirely up to us how we lay the inside of our storage unit out to maximise space usage.

He is saying that it was not a deliberate act (which I accept) but we're still out of pocket to tune of £2500 minimum + consequential loss if allowed.

He is in an unfortunate position I appreciate but no-one is taking responsibility and each is blaming the other.