HELP Need some major Legal advice

[Kati]

Re: HELP Need some major Legal advice

Same here [MENTION=39710]des8[/MENTION] ... hopefully [MENTION=6]Amethyst[/MENTION] [MENTION=2]Celestine[/MENTION] [MENTION=51026]Ula[/MENTION] or [MENTION=85500]Peridot[/MENTION] will know what to do xx

[ULA]

Re: HELP Need some major Legal advice

Sorry I don't but I've messaged [MENTION=6]Amethyst[/MENTION] who may already be on to it.

[Rosie10]

Re: HELP Need some major Legal advice

I have rung numerous solicitors none are interested in taking on a civil matter on a no win no fee basis. Before they are even asking about details of the case they are asking if a have financial means to fund this matter!!! It seems crazy that a large auction house can steal my property and because I am of very limited means they can just get away with it!!!

[des8]

Re: HELP Need some major Legal advice

I'm afraid solicitors need paying, and they have learnt the hard way to make sure would be clients can pay before starting.
As it seems a relatively straight forward matter, there is no reason for not doing it yourself.
First check the terms and conditions of your contract with the auctioneers, and decide on what basis you are suing them.

Just a general word of warning about accusing the auction house of theft.
They have lost your items,
Those items may have been stolen by a person or persons unknown, but on the other hand they may just have slid down the back of a filing cabinet!
If you continue accusing them of theft you may find yourself facing an action for defamation

[Diana M]

Re: HELP Need some major Legal advice

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.

Hello Rosie

I've only just seen your thread which I've not read in any detail but I can see that you have had a really distressing time trying to deal with this nightmare. All those involved seem to be playing pass the parcel with the problem with no one taking responsibility for what has happened. That can't be right.

It seems wrong that you should take your precious items to an auction house who then appear to say it's not their problem when they were stolen by an employee of theirs. Surely they had a duty of care to you?

So may I ask you a few questions first.

Do you have the 'contract' (perhaps a receipt with Terms & Conditions on the reverse) which you and/or they signed when you took the rings to them?

There should be something in that which may spell out who is responsible for the safety of the items when they are in the auction house's possession.

There may be a disclaimer clause stating the items should be on your own insurance policy but whether that's 'unfair' or not is another question.

Do you have your own contents insurance and does it have 'Away From Home' (sometimes called 'All Risk's) cover and if so does it have an upper limit per item?

From what you say the auction house has admitted that their employee stole the rings - have they put this in writing?

Di

[Diana M]

Re: HELP Need some major Legal advice

Is the crime report irrelevant?

No it's not irrelevant.

It's evidence.

Di

[Rosie10]

Re: HELP Need some major Legal advice

Thanks for your advice I will be more careful with my wording,I did not realise. On all the paperwork from the police the word THEFT is used as the heading.

[Diana M]

Re: HELP Need some major Legal advice

I will be more careful with my wording,I did not realise. On all the paperwork from the police the word THEFT is used as the heading.

If the police say it was Theft then it probably was Theft.

Di

[Rosie10]

Re: HELP Need some major Legal advice

Hello Diana,
It is documented as theft in the crime report and the inspector has stated that they told his PC the rings where stolen. In the letter to me the wording is "I wish to state that xxxxxx Auctions apologise for their lack of care and the LOSS of the property of Mrs xxxxx. It also states that xxxxxxAuctions wish to make an offer of redress of £2,300.

My insurance company say I am not covered because they were signed over to a Auction house who should have them covered when on their premises.

I cannot find the receipt I know I had one I have so much paperwork and am under a massive amount of stress with a problem with my health and family life but I cannot and will not give up on this.

I will post a copy of the letter before action in a minute.

[Diana M]

Re: HELP Need some major Legal advice

In the letter to me the wording is "I wish to state that London Auctions apologise for their lack of care and the LOSS of the property of Mrs Xxxxx". It also states that London Auctions wish to make an offer of redress of £2,300.

Who is that letter from?

The Auction house or the Police?

Di

[Rosie10]

Re: HELP Need some major Legal advice

The Auction house

[Diana M]

Re: HELP Need some major Legal advice

The Auction house

Well in that case they may have already admitted liability

This may make it difficult for them to dispute/defend any claim you issue.

Was their 'offer' letter headed Without Prejudice ?

In the letter to me the wording is "I wish to state that London Auctions apologise for their lack of care and the LOSS of the property of Mrs Xxxxx". It also states that London Auctions wish to make an offer of redress of £2,300.

Di

[Rosie10]

Re: HELP Need some major Legal advice

I have taken a photograph of the LBA how do I post it here?

[Diana M]

Re: HELP Need some major Legal advice

You may need to edit post # 24 if that is your real name.

And is that the real name of the Auction house?

Di

[Rosie10]

Re: HELP Need some major Legal advice

No, nothing about "Without Prejudice"