Damage / loss caused by removal company

GarciaLorca

Hi there,
I am not sure if this is the right place but just wanted some advice on next steps in an issue I am having.
I used a removal company a few weeks ago.  The staff damaged my carpets in the place I was moving out of (I own it and am renting it out shortly) and also lost a number of my possessions. The possessions were categorically in my property the day of the move.  They aren't in any other boxes and are not at the old place.  They have just been lost.  The removal service was also appalling - very late arrival, failure to adequately scope the job which meant lots of items weren't loaded on the day and I have to incur further costs moving them on another date.
 I have argued back and forth with the removal company and whilst they agreed to professionally clean the carpets, they're denying any other loss and told me I should go to the police for the missing items. They also keep insisting that I signed off on the removal van being empty at the end of the day - I have asked for a copy of this document and they have not been able to produce it.  They stated that they were insured up to £30K and their standard terms state that in the event that they lose or damage goods through their negligence or their breach of contract, they will pay you up to a maximum of £50.00 sterling for each item which is lost or damaged.
 I have carefully itemised the losses for the company but they're now ignoring my messages and I don't understand why they are unable to refund / pay out for the loss items.
What is the next step? Is there an ombudsman I need to use or should I just go straight to a small claims process in the county courts?  Would self-representation in a pretty simple case like this be recommended or do I have to instruct a lawyer?

Kind regards
GL 

GarciaLorca

P.S. If making a county court claim should I make a claim for a fixed loss or leave this unspecified for the court to determine?

Comms69

You say it's simple, and legally it is, but you're going to need evidence - which you dont mention. So i guess you dont have?

I honestly cant see this going anywhere. 

GarciaLorca

Comms69 said:

You say it's simple, and legally it is, but you're going to need evidence - which you dont mention. So i guess you dont have?

I honestly cant see this going anywhere. 

What do you mean I don't have evidence?  How does one evidence a missing items?  I have invoices for the professional cleaning and photographic evidence of the damage.  I also have original receipts for the missing items.  Presumably if I filed a police report for the missing items I could use that as evidence. 

Comms69

GarciaLorca said:

Comms69 said:

You say it's simple, and legally it is, but you're going to need evidence - which you dont mention. So i guess you dont have?

I honestly cant see this going anywhere. 

What do you mean I don't have evidence?  How does one evidence a missing items?  I have invoices for the professional cleaning and photographic evidence of the damage.  I also have original receipts for the missing items.  Presumably if I filed a police report for the missing items I could use that as evidence. 

Well that's my point. You need some evidence e.g. photos of the items, photos of them packaged up, photos of them in the van etc. An inventory of goods signs by the removal firm would be good. 

A police report isnt evidence. It's legally meaningless. It's you saying the same thing to the court as you did to PC Smith. 

The damages again, can you evidence it was not there before hand? 

AdrianC

GarciaLorca said:

They stated that they were insured up to £30K and their standard terms state that in the event that they lose or damage goods through their negligence or their breach of contract, they will pay you up to a maximum of £50.00 sterling for each item which is lost or damaged.

So you claim for the lost items from their insurer. Simples.

If you weren't happy with the max £50/item insured value, then does your own insurance cover you?

davidmcn

AdrianC said:

GarciaLorca said:

They stated that they were insured up to £30K and their standard terms state that in the event that they lose or damage goods through their negligence or their breach of contract, they will pay you up to a maximum of £50.00 sterling for each item which is lost or damaged.

So you claim for the lost items from their insurer. Simples.

You claim from the removal company (and can suggest they pass it to the insurers to deal with on their behalf), but whether or not they're actually insured for the loss is their problem.