insurance from a robbery

unholyangel

Have you checked companies house to see what the official position of the company is? Its not unknown (in fact its very common) for people to lie when they think it will save them thousands

What is the company name? Did you have the items valued yourself at any point over the years? Do you have insurance yourself? Does that include legal cover? If so, call your insurance company.

sscrabble

It was not a limited company so no public accounts - and it is not covered on my house insurance unfortunately

wealdroam

sscrabble wrote: »

- and it is not covered on my house insurance unfortunately

Ok, but do you have legal expenses cover as part of your household insurance?

If so, maybe they can offer some advice or even write a letter or two.

unholyangel

sscrabble wrote: »

It was not a limited company so no public accounts - and it is not covered on my house insurance unfortunately

If he is VAT registered, he should be listed on companies house. The reason why I was asking whether he is a limited company or not is obviously liability.

In fact that could explain why he is offering an amout in full and final settlement, he knows he is liable.

As others have said, whether he had adequate insurance or not is of no relevance. How much he was paid from his insurers is of no relevance.

What IS relevant is that you entrusted your items to him, he failed to carry out the service he was contracted for with due skill and care. He is in breach of contract and as a result, you are entitled to seek compensation for any financial loss you have reasonably incurred as a result of his breach.

Stop waiting for him to be a good guy and do the right thing. If he'd done the right thing in the first place, he would've had adequate insurance coverage. People do make mistakes yes, but why should you pay for his mistake and not him?

sscrabble

I understand that - but I suppose the point is 'do I gamble?' - I do not know where he lives so cannot do a small claim or serve any papers - I do not know what his asset situation is but presume it is poor - I do not think I have any way of finding out unless I employ a private detective or similar - if I do chase him for the money and he has already distributed the cash from the payout I could easily be awarded a compensatory amount that he has no assets to pay with and I get nothing AND have the additional expenses from legal action.

If he is not obliged legally to pay me the money the insurance compensated for my jewellery then I am reckon I am better just cutting my losses and taking the offer - even if it means he is getting away with it - but if keeping or redistributing those monies to anyone but me was illegal then I would take it further - but posts above suggest he can do what he wants with the money.

ljonski

My own feeling on the matter is that deep down, you feel guilty about the situation he has got himself in, and this is one reason why you have let this drag on for so long. If he was an honourable person he would ensure that you didn't lose out through his negligence or cost cutting. You may want to draw a line on it and move on, but first i would take legal advice to find out exactly what your options are. I vaguley remember a similar case on here about a guitar that was stolen from a repair shop and the struggles that guy had to get satisfaction. I can't remember exactly the outcome but the shop certainly appeared to try every trick in the book to avoid paying compensation

sscrabble

He has also said he is now unemployed and struggling to pay off his debts - unless I could prove he has assets - which I cannot - I could lose out completely - I am not happy - but I guess I will just have to let him get away with it

unholyangel

What was his company name? The members here can check if he is listed on companies house, what the status of the company is and what their registered address is.

Does your insurance have legal cover?

We're trying to help you here but unless you answer our questions, we cant give you advice on how to (or whether its worth) proceeding.

Sorry for being blunt but you need to stop being a bleeding heart. For all we know, what you've told us is the truth. For all you know, he could be selling you a sob story in order to influence your decision to accept the £1000 and not file a claim against him.

Do you have a copy of the police report?

wealdroam

sscrabble wrote: »

I do not know where he lives so cannot do a small claim or serve any papers - I do not think I have any way of finding out unless I employ a private detective or similar...

What???

Do you even know this guy's name?

His business has closed so you can't contact him through that address, can you?

Does this mean that if this fella stops replying to your emails, he has effectively vanished, and you get nothing?

If I were you I would invest a few bob in 192.com (or something similar) and find a good address.

Or have I missed something?

sscrabble

yes - I do know his name - and have done many personal searches but got nowhere - and yes if he stopped replying to my emails I would have no contact apart from his mobile number which I have. He has vacated the prmises he was using so I have no business or personal adress. I have not put his name on here because from previous experience it might come up in google searches and I would rather not advertise the fact I am looking for advice.

And I am not a bleeding heart - I am just looking for advice to help with my decision - not sympathy. I was mainly trying to ascertain whether it was illegal for him to claim insurance on MY articles and not refund me the amount he got - it appears the answer is yes - so my only alternative is to sue him personally which is a risk that is probably not worth taking. He might be selling me a sob story to reduce the claim as you say , but I either take the risk or take the money - and a bird in the hand is worth two in the bush.

Thanks for the advice.