Stock damaged by 3rd Party

[righty]

Re: Stock damaged by 3rd Party

If they do claim they don't known who THEIR visitor was then they should have. This will be enough to make a claim against them as they have clearly failed in their duty of care to you/your property

[des8]

Re: Stock damaged by 3rd Party

The person liable to Alligator is not the third party, but the renter of the storage unit who had the firm of removers in.

[righty]

Re: Stock damaged by 3rd Party

I agree but suggest they both may be liable but if Alligator refuse to reveal details of the said visitor then Alligator will have to live with the consequences. Also as I stated Alligator do have a duty of care to the OP & if they claim they don't know the visitor I suggest they ARE negligent.

Alligator claim its secure storage which should mean that ANYONE visiting their premises should be recorded AND it would appear from an earlier post that Alligator, as per their T's & C's, will step in & seek compensation from the 3rd party

[des8]

Re: Stock damaged by 3rd Party

Not contradicting anyone but to be clear I said the person liable to Alligator was the other renter. This is contractual.
IMO the person(s) liable to OP may be i) person who fell. ii) the removal firm who employed the person who fell iii)the other renter iv) Alligator

[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

Righty.

That's quite interesting because we went to another storage centre on Friday. The previous Branch Manager for Alligator runs it. He left because he couldn't take anymore of their nonsense.

He asked us to sign in and I made comment. He said exactly the same which is obvious if you think about it but I was unaware it was a legal requirement. Alligator do no such thing.
Who should this be reported to?

[Rhothgar]

Re: Stock damaged by 3rd Party

Not contradicting anyone but to be clear I said the person liable to Alligator was the other renter. This is contractual.
IMO the person(s) liable to OP may be i) person who fell. ii) the removal firm who employed the person who fell iii)the other renter iv) Alligator

des8. All you have written is a lot to get one's head around.

Here is an update to confuse matters further.

We terminated our contract with them on 1st October 2014. They subsequently terminated our contract also on 3rd October as below.

A few points to note:-

1) We have not agreed anything at this stage.
2) New for old damage cost is £2330.
3) I have only been told the name of the removal company. I have no proof it was this removal company technically - I only have what Alligator have told me.
4) Gemma has not forwarded the details.
5) At this point in time I have not agreed to vacate on their counter-termination terms. This is all such a mess.
6) I have negotiated that they also reimburse us for the rent already paid from 30th September and upto 17th October on the other 2 units we have there but I am going to make it clear in writing that this is on the basis that we receive cleared funds for the 2 weeks overpay as this company is not to be trusted.

This is the same company that persecuted Gside1972 on this forum. He has still not received his P45 from them.

The terms "without prejudice" is complex. In full, it normally is something like "without prejudice to any other rights or remedies either party may have".

What does it mean in this context please?

"Dear Roger,

Thank you for your time today, I wanted to confirm our discussion for your reference and what we agreed.

• In terms of your damaged stock, I confirmed the insured perils relating to the cover you have taken from Alligator Storage are listed as below;

• I believe your best course of action is to speak with the removal company whom you believe were responsible for the damage to your goods and I believe Gemma forwarded to you their details separately on Friday 26^th September.
• In view of your experience with Alligator Storage I am happy to waive any further storage charges from 30 September 2014 until Friday 17 October 2014 on the understanding you accept our 14 day notice terminating your storage agreement, and vacate your unit by this date.
• Please note this offer is made ‘without prejudice’.

Finally I would like to take this opportunity to thank you for your custom over the last 6 years and I wish you every success with your future projects.
Kind regards,


Kimberley Lees
Area Manager"

[wales01man]

Re: Stock damaged by 3rd Party

is the value of the stock the cost of it or retail value?
When we have had claims for damaged or lost stock the insure only paid cost

[Rhothgar]

Re: Stock damaged by 3rd Party

Retail value.

We have been given a claims form by Alligator but I think an insurance claim is invalid as there has been no forcible entry.

Their insurance replaces new for old so that is the cost of retail replacement value.I

I am not particularly keen to go down claiming on the insurance I pay for with them as we have never been made aware that we should insure for full value of stock and it is a proportional scheme. Therefore, if we have £23300 pounds worth of stock in there, they would only pay out 10% of the £2000 we have insured.

[des8]

Re: Stock damaged by 3rd Party

I doubt that your insurance claim will be met by the insurance company.
The summary of insurance cover (but really do need to see FULL policy wording) does not appear to cover accidental breakage. None of the perils listed seem to cover the circumstances of your loss.
Regarding Sum Insured, as you have not insured for full value, the average clause will apply. This is standard for all insurance.
The indemnity will be based on the cost of replacement to you.

Regarding whom to pursue, Alligator will point the finger at someone else.
However as already indicated the obvious culprit is the guy who fell.
However probably not worth it as he possibly won't have the means to pay you.
That leaves his employer, the removal company, who will (I hope) carry liability insurance. If the accident happened whilst the employer was on his employees business the employer is vicariously liable for his employee's actions.
After that there is the other renter, who was employing the removal company. That renter is liable as the removal company were acting on his behalf, and also under T&C2.
However, if he does not have the necessary liability insurance he may not be in a position to reimburse you.
That leaves Alligator, as per T&C 9.7

Sorry if it is a bit complicated but if you are going to chase for your money, you first have to identify who caused the damage, then who may be liable, then who is likely to be in a financial position to pay!

[wales01man]

Re: Stock damaged by 3rd Party

From my view as a layman I would not expect a payout on this no one is going to stick their hand up and admit liability all you will get is the run round.
Hope I am wrong

[righty]

Re: Stock damaged by 3rd Party

Then name them ALL in any suit

[righty]

Re: Stock damaged by 3rd Party

Righty.

That's quite interesting because we went to another storage centre on Friday. The previous Branch Manager for Alligator runs it. He left because he couldn't take anymore of their nonsense.

He asked us to sign in and I made comment. He said exactly the same which is obvious if you think about it but I was unaware it was a legal requirement. Alligator do no such thing.
Who should this be reported to?

Contact H&E (Health & Safety) They'll have a local office

[Rhothgar]

Re: Stock damaged by 3rd Party

From my view as a layman I would not expect a payout on this no one is going to stick their hand up and admit liability all you will get is the run round.
Hope I am wrong

A friend of mine yesterday told me to check the home insurance to see if that has legal cover as apparently it may cover legal expenses for something like this.I

t sounds a bit odd that home insurance would cover legal expenses for business items off site.

[righty]

Re: Stock damaged by 3rd Party

A friend of mine yesterday told me to check the home insurance to see if that has legal cover as apparently it may cover legal expenses for something like this.I

t sounds a bit odd that home insurance would cover legal expenses for business items off site.

home legal expenses insurance is often no different to other LE cover AND if you have any kind of claim & before obtaining AEI you must 1st check to see if any of your existing insurance covers you. If you don't you won't be able to recover the premiums for the AEI

[Rhothgar]

Re: Stock damaged by 3rd Party

home legal expenses insurance is often no different to other LE cover AND if you have any kind of claim & before obtaining AEI you must 1st check to see if any of your existing insurance covers you. If you don't you won't be able to recover the premiums for the AEI

AEI?

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