Avon - consequential losses

wealdroam

You appear not to have noticed post #3.

System

fairycakequeen83 wrote: »

My first thought was that i had been robbed, but i then saw that the clasp had broken in the same way and so it was clear that this was not the case.

No that is total supposition on your part with nothing to back it up. You didn't lose anything last time so there is no reason to believe that it caused a loss this time.

halibut2209

Good job that circumstantial evidence is allowed in the small claims court then. Occam's razor etc

fairycakequeen83

wealdroam wrote: »

You appear not to have noticed post #3.

sorry - no - i dont have any proof, but what proof COULD i have? if i had seen the items fall from the bag i would have picked them up!

I reported the items lost to the nightclub - as i thought this would be the most likely place any honest person would hand them in. I didnt report it to the police, as i didnt realise you could, I thought it was only for crimes.

I have already written to avon, stating my feelings and asking for evidence of the bag being sent for testing after I reported the issue (as per the advice from the consumer direct people ) but they have said that they cant help me any more and have referred this to trading standards, but i havent heard from them yet.

I'm sorry if some of you guys think i should have noticed the items fall out of my bag, but i didnt - does that mean that i should accept the £300 loss of items as my own fault? I wouldn't have lost them if the bag had been fit for purpose and stayed closed and not spun on the chain!

fairycakequeen83

!!!!!! wrote: »

No that is total supposition on your part with nothing to back it up. You didn't lose anything last time so there is no reason to believe that it caused a loss this time.

no - i didnt lose anything last time - because i was at a friends house when it broke and people saw the items come out.
I took another of the same bag as i never had an issue with avon bags before and didnt think the same thing would happen twice.
I dont think that is suppossition, I think that faced with the facts in front of me at the time it was the conclusion that a reasonable person would come to.
Isnt most law based on a test of reasonableness?

George_Michael

IMO, you would be onto a loser with any legal action.

Hi,
i didnt notice the bag had broken and the items all gone as the bag was on a long chain slung across my body. the bag span as the shape was oval and as i was dancing with friends i simply didnt notice.

You had a bag that had car keys, mobile phone, cash, make up and possibly other items, yet you took that bag onto a dance floor where it was probably tossed about due to your dancing.

I doubt if it would be too hard for Avon to argue that the bag was exposed to stresses that it wasn't designed for.

Labmanager

fairycakequeen83 wrote: »

...I didnt report it to the police, as i didnt realise you could, I thought it was only for crimes....

Perhaps the items have been handed in to the nearest police station? Was alcohol consumed in the nightclub?

bod1467

You don't have home contents insurance?

fairycakequeen83

George_Michael wrote: »

IMO, you would be onto a loser with any legal action.


You had a bag that had car keys, mobile phone, cash, make up and possibly other items, yet you took that bag onto a dance floor where it was probably tossed about due to your dancing.

I doubt if it would be too hard for Avon to argue that the bag was exposed to stresses that it wasn't designed for.

stresses it wasnt designed for?
its a fancy going out bag - of course thats what its for? I'm not a go-go dancer on a podium throwing manic shapes...i'm a regular adult who shuffles on a dance floor to music she no longer recognises in heels she would have been fine with 10 years ago, but cripple her now!

fairycakequeen83

bod1467 wrote: »

You don't have home contents insurance?

nope - i buy everything second hand pretty much.
My furniture was all either gifted to me or picked up for practically nothing from ebay or gumtree or my local recycling centre, so i would have trouble claiming for anything.
I have a very small wardrobe, again, mostly 2nd hand ( my mum is a compulsive shopper...no...really ) I have a small second hand TV and my computer is company owned.
My home insurance is covered in my service charge.
It simply wasnt worth it in my opinion for what i actually owned.

This handbag was only £5...and i considered that expensive! As it turned out...it was.