Theft during removals/storage - claiming damages

chapmandu2

My wife and I moved house and had a 6 week gap between selling and buying, so contracted a local removals firm to move our stuff out of our old house and into storage, then out of storage and into our new house. We agreed that they would use one of the national storage companies who had a facility locally and insurance was stipulated at £15k in transit and £5k in storage. We enquired about increasing the in storage insurance but were assured that the storage place was 'like fort knox' and that there was no need.

Six weeks later they move us in, and then say that they can't locate my bike and our TV, and that it might have been stolen. At this point it transpires that they didn't use the agreed storage company at all but instead kept our posessions in a container unit on their site which was broken into.

They have provided us with an equivalent TV (to show goodwill), but are being reticent about the bike and claiming that it's not covered under insurance (it's worth £1600, the TV was £500). As far as I can see they're totally liable because they didn't store our stuff where we agreed (in writing) so are in breach of contract. We didn't arrange our own contents insurance since we thought we were covered, and also thought that the likelihood of theft from the storage facility was v low. In the event I'm not sure this would have helped anyway since the storage facility we would have specified on the insurance wasn't used.

I've investigated small claims court etc etc but what I'd like opinions on is what to claim for. What I'm after is the money to replace the bike, but potentially could I also claim back some or all of the money we paid to the removals co? I'm worried that if I just claim for the bike I might not all of the money, whereas if I claim for the removals cost too it gives me some wiggle room for any solicitors fees, court fees etc. If I claimed for removals and bike would the judge reject the claim outright or just reject the removals aspect of it?

Thanks!

naedanger

chapmandu2 wrote: »

What I'm after is the money to replace the bike, but potentially could I also claim back some or all of the money we paid to the removals co?

Yes, you can claim for the bike (but unfortunately not for a brand new model). Your claim will be reduced to reflect the usage you already had from the bike.

Beyond that I cannot see what your financial loss is as a result of their failure to comply with the contract. (It is not like you would have suffered any loss of enjoyment by having your goods stored in an inferior store.) You did have a higher risk of damage to your goods, and that risk actually materialised, so you are rightly (in my view) claiming for the loss (theft) that would in all probability not have occurred had the contract not been breached. You did also ultimately get your goods removed from the old to the new location (so won't have any further removal costs to pay).

I'm worried that if I just claim for the bike I might not all of the money, whereas if I claim for the removals cost too it gives me some wiggle room for any solicitors fees, court fees etc.

You can claim for your court fees and should normally be able to recover them if you win. But you cannot claim any solicitors fees when using the small claims track.

If I claimed for removals and bike would the judge reject the claim outright or just reject the removals aspect of it?

The judge would reduce you claim rather than reject it outright. I am not sure but I suspect if your claim was seen as excessive the judge may not award you costs (as well as obviously reducing the claim to what the judge believes is the correct amount).

Keep_pedalling

Before you submit a claim you need to send them a letter before action. This gives them a chance to rectify the situation. Get prof of posting and give them a reasonable time period, say 28 days, to pay up.

Hopefully this will show you are serious and they will pay up, if not submit your claim, but just for the bike and if it is relatively new you should go for the price of a new replacement.

arcon5

Start getting prices for like for like bikes and base your claim on that.

They breached the contract and the result was you had insufficient insurance. Their fault, especially if it's in writing can't see too many issues winning it court

chapmandu2

Thanks for the responses these are really useful. I will base my claim just on the loss of the bike, but will push for a like-for-like replacement and see what I get. I had read about the letter before action prior to submitting a claim so useful to have that confirmed.

At present relations are still reasonably friendly with the company - they have replaced our TV, apologised, reported to the police etc etc. So I am perhaps inclined to set out my case in writing as to why I think they're liable, then follow this up in a couple of weeks with a letter before action if I don't get a resolutinon. Do you think this makes sense? Or should I just go straight to a letter before action? There is also the option of mediation, does anyone have experience of this?

Many thanks again for the help.

naedanger

chapmandu2 wrote: »

Thanks for the responses these are really useful. I will base my claim just on the loss of the bike, but will push for a like-for-like replacement and see what I get. I had read about the letter before action prior to submitting a claim so useful to have that confirmed.

At present relations are still reasonably friendly with the company - they have replaced our TV, apologised, reported to the police etc etc. So I am perhaps inclined to set out my case in writing as to why I think they're liable, then follow this up in a couple of weeks with a letter before action if I don't get a resolutinon. Do you think this makes sense? Or should I just go straight to a letter before action? There is also the option of mediation, does anyone have experience of this?

Many thanks again for the help.

All sounds sensible. Certainly try and resolve the matter without court action first. (This is expected by the courts.)

I would not send a letter before action while negotiations are progressing. I don't know about any mediation options but if the firm is part of a trade body that they might offer such a service if you look on their website.

You should read the following, to be aware of what the small claims process involves in case you do ultimately go down that route:

https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/CJC/Publications/Other+papers/Small+Claims+Guide+for+web+FINAL.pdf

chapmandu2

Thanks again! I had done a fair bit of reading around before posting but its really useful to know I'm on the right track, and to have clarification about what to claim for without going to the expense of a solicitor!

I sent them some more details on Friday following a phone call and they said they'd get back to me early this week, if they don't I'll write to them setting out my case and asking them to set out their position in response and and what (if anything) they are prepared to offer. If they don't respond to that then I'll do a letter of action.

Auntie-Dolly

What about claiming for the difference in cost between the storage facility and a lock up on their site? I'd be fuming!

Auntie-Dolly

Don't be so silly. The removers charged them for storage at a local national storage facility with insurance and then did not use it. They lost their TV & bike and are quibbling about reimbursing them. Do you find that acceptable?

arcon5

daytona0 wrote: »

What if it transpired that it cost more? Should OP send in a cheque to cover the difference?

Your 'aving a laugh aren't you?! Depending these idiots! If their storage is more expensive then more fool them. Op paid for storage at a specific location and didn't get that. Presumably because they wanted to make a larger profit at ops expense. So they store the goods and pocket the price op paid to send the goods elsewhere... Well sadly their deceit is about the cost them dearly.

George_Michael

daytona0 wrote: »

What if it transpired that it cost more? Should OP send in a cheque to cover the difference?

Please tell me that you are joking rather than being serious.
If you are being serious, this means that you don't appear to have the slightest clue about what obligations a contract places on the parties concerned and if this is the case, should you really be giving consumer advice to others?

Anyway, if the storage location used did cost more then the OP would only be liable for the extra if they were informed of this and more importantly, agreed to it before the service began.