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My husband had his tooth chipped and the inside of his mouth…

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My husband had his tooth...
My husband had his tooth chipped and the inside of his mouth cut by a bone in some Marks & Spencer food several years ago. We wrote to them and they admitted liability in writing on the Investigation Report. Last year they finally offered to cover the dentist's fees of £80 and eventually, after years of protracted correspondence £70 in M&S vouchers. An almost identical injury happened with M&S in our family around 15 years ago, which we have copies of the correspondence for and he was sent a cheque for £250 compensation. Despite telling them this and writing to their CEO, M&S refuse to compensate further, which seems unfair as there is a precedent and the £70 in vouchers won't cover the inconvenience, pain and time off work this issue caused. I don't know whether to take them to the Small Claims Court and hope they settle, but I can't afford a solicitor and this seems unfair. Can you help?
Submitted: 6 years ago.Category: UK Law
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Answered in 8 minutes by:
6/1/2011
Solicitor: Claire D, Solicitor replied 6 years ago
Claire D
Claire D, Solicitor
Category: UK Law
Satisfied Customers: 3,090
Experience: BSC (hons), Solicitor with 14 years legal experience
Verified

Claire D :

Hello and welcome to JustAnswer. If you have any questions following my answer, please let me know and I will be pleased to assist further. How many years ago did this injury take place to your husband?

Customer :

The injury and first correspondence informing M&S was in June 2006.

Claire D :

Thank you. Unfortunately the limit of 3 years in which to bring a claim from the time of the injury has expired and your husband would be statute barred from bringing court action - probably the reason why M&S has taken so long to settle. Sorry to be the bearer of bad news.

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Claire D
Claire D
Claire D, Solicitor
Category: UK Law
Satisfied Customers: 3,090
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Experience: BSC (hons), Solicitor with 14 years legal experience

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