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Alice H
Alice H, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I WISH TO ENTER A CLAIM IN THE GH COURT AGAINST TWO (2)

Customer Question

I WISH TO ENTER A CLAIM IN THE HIGH COURT FOR DAMAGES AGAINST TWO (2) ASSOCIATED COMPANIES FOR DAMAGE TO MY FURNITURE/ITEMS AT A STORAGE FACILITY WHEN THE ITEMS WERE REMOVED DUE TO AREAS, THE BILL WAS SETTLED AFTER I ATTEMPTED TO SETTLED THE BILL ON NOTIFICATION OF REMOVAL OF ITEMS VIA EMAIL, AS I CURRENTLY WORK OUTSIDE THE UK. AFTER 5 DAYS ATTEMPTING TO ALLOW THE STORAGE COMPANY TO AGREE TO ACCEPT MY LATE PAYMENT TO SETTLE THE OUTSTANDING BILL INCLUDING REMOVAL AND RETURN OF ITEMS FEES, I WAS NOTIFIED OF THE REMOVAL COMPANIES NAME AND INFORMATION. IT WAS ALSO AGREED WITH THE STORAGE COMPANY, THAT THE ITEMS WILL BE RETUNED TO THE STORAGE FACULTY. I REQUESTED AND INVENTORY FROM STORAGE THE COMPANY WHICH WAS NOT FORTHCOMING, SO I BOARDED A FLIGHT TO UK. A PRE ARRANGED INSPECTION WITH THE STORAGE COMPANY TO INSPECT MY ITEMS. ACCOMPANIED WITH THE STORE MANAGER TO THE STORAGE UNIT(S), IT WAS CLEARY APPARENT THAT MANY ITEMS WERE DAMAGED. THE STORAGE COMPANY OR REMOVAL COMPANY HAVE NOT RESPO
Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
I WISH TO SUBMIT A CLAIM AT THE HIGH COURT TODAY AS THE 14 DAYS GIVEN BY THE STORAGE COMPANY EXPIRES ON TUESDAY 2 SEPTEMBER 2015, EQUALLY I WISH TO ADD COSTS TO MY CLAIM, EG, AIR FARE TRAVEL TO THE UK. I NOW MAY HAVE TO REMAIN IN THE UK FOR A LITTLE WHILE UNTIL THIS MATTER HAS REACHED AND RESONABLE LEVEL. I AM A UK CITIZEN WORKING OUTSIDE THE UK. MY EMAIL IS***@******.***
Customer: replied 1 year ago.
I HAVE AL THE DOCUMENTS OF EMAIL AND STORAGE AGREEMENT, IN ADDITION I HAVE CONTACTED ALL THE ESTABLISHEMENTS THAT I PURCASED THE GOODS THAT HAVE BEEN DAMAGED AND I HAVE COPIES OF ALL RECEIPTS.
Expert:  Alice H replied 1 year ago.

Good morning my name is ***** ***** I am happy to help you today. What is the value of your total claim?

Customer: replied 1 year ago.
Hi Alice, how are you?The value of my claim is currently £31,203.00
Expert:  Alice H replied 1 year ago.

OK. The value of the claim is too low for proceedings to be commenced in the High Court unfortunately. You will have to start the claim in the County Court but you could do this online if you are claiming a fixed amount for your losses e.g. damage/loss of items.

Expert:  Alice H replied 1 year ago.

Have you sent a letter of claim to the other parties?

Customer: replied 1 year ago.
I was informed the the maximum claim allowed in the county court is just £5,000.00 but as I wish for an unspecified amount of claim I could submit the claim at the high court, in addition, to answer your question, Yes, I have sent a letter of claim to both parties and given them both a dead line of 4pm as of yesterday, none of the parties have responded.
Customer: replied 1 year ago.
I will claim for my continued stay in the UK was I am due to return to work of which is outside of the UK and I will be accumulating cost for my time spent in the UK. Hence, the unspecified claim amount.
Expert:  Alice H replied 1 year ago.

The County Court has different limits for different claims - you may be thinking of a small claim. Under Practice Direction 7A Civil Procedure Rules the High Court will not accept claims worth less than £100,000 unless there is a claim for personal injury in which case the limit is £50,000. So if your claim is around £30,000 plus other unspecified damages, the High Court will not issue the claim and you will be referred to the County Court.

Expert:  Alice H replied 1 year ago.

i would recommend that you issue your claim forthwith as the deadline has expired - you can start the claim online using the Ministry of Justice website : Money Claim Online.

Expert:  Alice H replied 1 year ago.

Money claim online can be found here: https://www.moneyclaim.gov.uk/web/mcol/welcome

Customer: replied 1 year ago.
OK, so I begin in the county court and follow the proceeding from there.. Can I serve notice on both parties? equally what is the law surrounding such a case and what and why do you feel in your professional opinion have both partied not acknowledge my claim until now, as the items were not damaged before they were removed and returned, surely either one of the parties are liable?
Customer: replied 1 year ago.
OK, so I begin in the county court and follow the proceeding from there.. Can I serve notice on both parties? equally what is the law surrounding such a case and what and why do you feel in your professional opinion have both parties not acknowledge my claim until now, as the items were not damaged before they were removed and returned, surely either one of the parties are liable?
Expert:  Alice H replied 1 year ago.

This is a breach of contract claim. I would recommend that you sue both organisations and name them as 1st and 2nd Defendants in your claim. They are in breach of an implied term of contract to exercise reasonable skill and care which is legal requirement under the Supply of Goods and Services Act 1982 - in any event they have clearly been negligent in moving your property and as a result of their negligence you have incurred losses. So long as you can demonstrate that the property was in good order before it was moved then you will have a claim against the company - from what you say thr property was lost/damaged in transit. I don't think you need to get bogged down in the law too much at this stage needless to say that when a professional company is paid to move your property there is an expectation that they will do so with care.

Expert:  Alice H replied 1 year ago.

May I assist any further?

Customer: replied 1 year ago.
Indeed. Ok, so I will begin the process now, as for my goods which are household good, the have given me 14 days from 18th August 2015 to remove my goods as a sign of good faith. what should I do now?
Customer: replied 1 year ago.
I have documented what has been damaged when I made another pre arranged visit to the unit accompanied with a member of staff and I video and photographed all that I could see and to be damaged and broken. I even have an email from the store manager confirming the visit and the damage at set time and date. do I remove the good as the have said that they will dispose of the goods thereafter, equally they still hold my deposit which is returnable after I vacate. I fear they will claim that I removed the goods with full responsibility and will have no further claim or liability after the fact, what should I do, continue storage with them and pay the monthly fee? Please advise me Alice??
Expert:  Alice H replied 1 year ago.

There is no harm in removing your property but you must get a detailed inventory of all the items and preferably have a witness present when this is signed off. You must also keep a separate list of which items are damaged. This will remove the risk of any dispute arising later of which items are damaged as opposed to those which have been restored intact.

Expert:  Alice H replied 1 year ago.

Please take a moment to review the offer of additional services. Happy to help and discuss further.

Customer: replied 1 year ago.
ok, removing my goods will incur further cost such as packing and transit, in addition, I have another unit at the same storage facility in my wife's name that is up to date in payments and has no issues, is it better to remove the items that I have an issue with and keep the other items stored in the other there until further notice to remove them whilst I have an ongoing claim in the court with the storage company? please advise me..
Customer: replied 1 year ago.
But I can see the relevance of removing and documenting damaged goods, but how about the other unit that remains there with no payment issues. am I biting the had that feeds me, (so to speak)???
Expert:  Alice H replied 1 year ago.

Please take a moment to rate my service so far. I am happy to discuss further if needed.