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Photos store lost my film - what are my rights?

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  • OlliesDad wrote: »
    Its like buying a steak in a restaurant, but on the way to the table the waiter dropping it, would you expect a new steak? according to your argument the answer would be no as it couldnt be re-used anyway.


    Although you can never be sure.... :rotfl:
  • cor26
    cor26 Posts: 176 Forumite
    I agree with Miro... push for more. This happened to a friend of mine. She basically said she wasn't and happy and said what would make her happy would be to be given the money to take the holiday again to retake the pictures (as the photos were a lasting memory) they obviously didn't give her that amount but it was £1XX pounds she recieved.
    HTH.
  • Tozer
    Tozer Posts: 3,518 Forumite
    Some case law on this.

    The T's and C's are likely to be irrelevant as being unenforceable.

    Will dig out the old books when in the office....
  • Tozer
    Tozer Posts: 3,518 Forumite
    Crabman wrote: »
    If you can prove negligence against them (probably not too difficult given their letter) they/their insurers should restore the situation as if their negligence hadn't occurred. This may require a court claim to get the ball rolling.

    Proving negligence is NEVER easy. Contract is much, much, much easier.

    To prove negligence, you will have to point to something which a reasonable developer and printer would or would not have done. Given that the thing is lost it is difficult to point to any negligence.
  • Smiley82
    Smiley82 Posts: 339 Forumite
    Hi All,

    Thanks for your replies. I have drafted two letters today, one to the Photo Lab who gave me the letter and replacement camera, and one to the Photo Store Head Office. Not sure whether I'll get a reply to either, but it made me feel better to write them anyway!

    I have also managed to email a few people who were on our trip and asked if anyone can email me some photos from the Red Sea and Dead Sea. They won't be of us, but would still be better than nothing, so fingers crossed that maybe someone else managed to get some photos, and is willing to share them.

    Oh, and I sent both letters recorded. I'll be sure to update you if I hear anything back :)
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