HELP Need some major Legal advice

[Rosie10]

Re: HELP Need some major Legal advice

sorry for late reply had really bad headache. Yes Di the Auction house did ask for the valuation and yes they do have it.

No my house/contents insurance does not cover legal expenses.

Seems unbelievable that they can get away with theft when they know it was a member of staff (their words not mine) even the police report states they are negligent.

[Rosie10]

Re: HELP Need some major Legal advice

To keep it below £10,000 could I take out separate claims for each ring, one for £8,995 and the other for £3,600

[seduraed]

Re: HELP Need some major Legal advice

I know it happened at the same time but could a separate claim be issued for each ring? There is no evidence as the whether they were stolen by the same person lost or melted down.

[des8]

Re: HELP Need some major Legal advice

To keep it below £10,000 could I take out separate claims for each ring, one for £8,995 and the other for £3,600

Good idea.
Claim for more valuable first, and depending on how it goes then claim for the other.
[MENTION=87380]Diana M[/MENTION] would the court consider this two bites at one cherry?

[Rosie10]

Re: HELP Need some major Legal advice

Thanks des8 I'll wait and see what Di thinks about this idea

[Rosie10]

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.

[Rosie10]

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.

[Diana M]

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.

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

[Rosie10]

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.

[Diana M]

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

[Rosie10]

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.

[Diana M]

Re: HELP Need some major Legal advice

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

[Rosie10]

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?

[Diana M]

Re: HELP Need some major Legal advice

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

[Rosie10]

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.