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Jacket left in club - has been given away to charity

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  • Jacket left in club - has been given away to charity

    Hi

    I was looking for advice on where my son stands in this situation :-
    He left his jacket in the cloakroom of a club (Paying £1), he called the following morning and asked the Manager to have a look for it, the jacket was confirmed to be still there and he was told it would be kept for him. Being at University he couldn't get down straight away so phoned after 4 days to organise the pickup. He was then told the jacket could not be found and they didn't know what happened to it. After several phone calls, most of which were not returned the Area Manager got in touch telling him his jacket had been given away to charity as this was their policy, even though he had been in touch and identified the jacket. She then stated they were in no way liable for jackets which were left behind even though as I though paying for the service meant under contract had a duty of care to look after it if the owner claimed it. He wrote a letter explaining all the details, timeline of the phone calls and even quoted The Unfair Contract Act 1977. I have attached the letter the Area Manager sent him wiping her hands of the whole affair as if she couldn't care less, any advise on where we should take this would be appreciated, not sure if the small claims court is the next way to go. ( The jacket was worth £160).

    Best Regards

    Scott
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  • #2
    Re: Jacket left in club - has been given away to charity

    Hi and welcome

    Your next step would appear to be a "letter before claim", followed if response is unsatisfactory or non existent by court action.
    Here's a link to a similar thread from a year ago, but your case is much stronger in that the bailee gave your property away having been told you would be returning for it!
    http://legalbeagles.info/forums/show...++left+in+club

    Comment


    • #3
      Re: Jacket left in club - has been given away to charity

      Hi

      Thanks for your reply, the letter we sent stated in bold letters it was a "letter before claim", she seems to disregard all liability or reference to Consumer laws which we have stated, it doesn't seem to register that they had a duty of care to look after the jacket until returned to the owner, she keeps quoting their reasonable time is 2 weeks but in other threads I've read most quote 3 months as being a reasonable timescale.


      Scott

      Comment


      • #4
        Re: Jacket left in club - has been given away to charity

        If you initiate court action the legislation to rely on is Torts (Interference with Goods) Act 1977
        http://www.legislation.gov.uk/ukpga/...ollected-goods

        Comment

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