Is this worth going to Small Claims Court

trampy68

vaio wrote: »

damage was caused by external arsonists.

I've spoken to the police officer in charge again and a week before someone had broken in and stolen a bike that was found burnt out and this week it looks like they have returned to steal bikes to joy ride and burnt the garage down to cover tracks. This makes it even worse as if I'd have known he was broken into the 1st time I could have removed it or he had a chance to insure his unit, that and was the unit secure?

BTW to be clear.

withabix wrote:

how did you get it there?

He collected in his van

whitewing

If there is no contents insurance, would his Public Liability insurance cover it?

neilmcl

trampy68 wrote: »

I've spoken to the police officer in charge again and a week before someone had broken in and stolen a bike that was found burnt out and this week it looks like they have returned to steal bikes to joy ride and burnt the garage down to cover tracks. This makes it even worse as if I'd have known he was broken into the 1st time I could have removed it or he had a chance to insure his unit, that and was the unit secure?

Well then this changes the game somewhat. If it could be shown that the garage owner failed to take reasonable steps to secure the OP's goods, ie, by failing to respond properly to the 1st break in and theft, then it could well point to the garage owner being gross negligent and therefore liable.

trampy68

Thanks for all your help. I'll see a solicitor on Monday..

Equaliser123

trampy68 wrote: »

Thanks for all your help. I'll see a solicitor on Monday..

As it is small claims track, there will be no costs awarded so don't spend too much on legal fees as you won't get it back.

OhReally_2

trampy68 wrote: »

Hi Guys

I've had my motorcycle in for repair at a local mechanics, it was on SORN so not insured.

This week the workshop was attacked by arsonists and the whole place raised to the ground, nothing survived. I've just spoken to the police and they have informed me that the mechanic/own didn't have any contents insurance only building insurance so he's not covered for any loss.. some 20 other bikes. I'm about 1.5K out of pocket.

Is it worth me taking him to the small claims court or should I just cut my losses.. I'm a bit gutted (not the best choice of words)

Many thanks in advance for any thoughts...

Andy

Where exactly was this motorcycle workshop that got torched this week?

zzzLazyDaisy

Do you know where the owner of the business lives? If so for a fee of £4 you can check on-line at the land registry and see if he owns his house. This could indicate that he has assets, and you may be able to get a charge over the house if you win a claim and he refuses to pay up.

That, of course, is your problem. Winning a claim and getting the money are two competely different things. If he doesn't care about having CCJ's on his file, a debtor with few assets can pretty much ignore a county court judgement with impunity.

You, on the other hand have paid out court fees (there is a fee for lodging the claim and another fee when it gets to Directions stage, and then if he doesn't pay up, you have enforcement fees on top - all added to the debt, and all lost if he has no money)

withabix

trampy68 wrote: »

BTW to be clear.



He collected in his van

Thanks for clearing that point up.

You say the garage didn't have Contents Insurance, did he have Public Liability Insurance?

neilmcl

OhReally wrote: »

Where exactly was this motorcycle workshop that got torched this week?

Again, is this really relevant?

molerat

neilmcl wrote: »

Again, is this really relevant?

Not really ..... but ...... Tunbridge Wells at a guess. http://www.thisiskent.co.uk/Tunbridge-Wells-arson-attack-leaves-businesses/story-17214529-detail/story.html

He had about 20 motorbikes in his lock-up for repairs, restoration and modification, and he will have to pay the owner of each bike its value so he is praying his insurance company pays out to allow him to do so.