Legal Help Needed 29 November 2017 at 9:06PM edited 30 November 2017 at 12:58AM in Scotland 7 replies 3.6K views

hendryc

Hi, I paid for my jacket to be held within a venues cloakroom, when I went to collect it was gone. The venue have admitted full liability and offered to pay me the full amount I paid for the jacket in 2014.
The jacket is considered a collectors item, as such has increased considerably in value both used and new as per ebay - I have provided this information to the venue.
I always maintained I wanted my own jacket back or an identical replacement.
The amount they offer will not pay for a replacement.
I have engaged extensively in dialog by email with the venue and they will not budge re there offer.

What am I entitled to, is it the amount I paid for the jacket OR its current value ???

observations_from_a_hill

The amount you can prove to have paid for it.

hendryc

observations_from_a_hill wrote: »

The amount you can prove to have paid for it.

Thanks.
Can I ask, why not the current market value?

pogofish

Why has the OP spammed us with this one..?

hendryc

Spam??? This was not indiscriminate, this was intended for my jurisdiction although I suspect the other forum has a larger audience, hence why there as well.

pogofish

You agreed to exactly the same definition of forum spamming as everyone else here - And this is it!

Voyager2002

hendryc wrote: »

Thanks.
Can I ask, why not the current market value?

I don't think there is a simple answer to the question...

When you leave something in a cloakroom, there is usually a sign hanging up saying that the venue do not accept any responsibility for loss or damage, meaning that if you use their service you have agreed to this. Under such circumstances you do not have a RIGHT to anything: however they may have decided to make a goodwill payment and if they pay you what you paid for the jacket that is probably a lot better than you could reasonably expect.

OTOH if you have a right to compensation for their negligence then that would be for the total cost to you -- they should put you in the same position that you would be if they had not made the mistake, and that would be the cost of replacing the jacket.

hendryc

Voyager2002 wrote: »

I don't think there is a simple answer to the question...

When you leave something in a cloakroom, there is usually a sign hanging up saying that the venue do not accept any responsibility for loss or damage, meaning that if you use their service you have agreed to this. Under such circumstances you do not have a RIGHT to anything: however they may have decided to make a goodwill payment and if they pay you what you paid for the jacket that is probably a lot better than you could reasonably expect. -
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I have looked into this and they don't carry much weight, there are whole articles on this and the consensus is they are not enforceable, eg if you put a £1000 handbag and they state they are only liable for £50, they sell your handbag for £500 and give you £50 they are up £450 .
From an article -
Cloakroom warning
Another sign you will often see in cloakrooms is one saying that the management takes no responsibility for items left there.
If somebody walked in off the street and stole your coat, the owners of the building could indeed probably avoid taking responsibility.
But if, for example, your coat was stolen by a cloakroom attendant who had convictions for theft, the owners would be liable, and the sign would be of no value.
So however legalistic and official a notice may look, there are all sorts of circumstances in which it will make no difference at all whether it is there or not.
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OTOH if you have a right to compensation for their negligence then that would be for the total cost to you -- they should put you in the same position that you would be if they had not made the mistake, and that would be the cost of replacing the jacket
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Re above this is what I am hoping, I will pursue for the amount to replace
.

.

Thanks.