Jump to content


Dry Cleaners lost suit, Insurers offer £100.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5144 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

In August last year (2008) I took four suits to a local dry cleaners, one of which I needed the following week for a friends wedding. They told me that the other three wouldn't be ready for another few days, I agreed and paid for all the suits up front. The suit I needed was ready on time and I arranged for my parents to collect the remaining three as I was away on holiday. When I returned my mother told me she had collected two of the suits but the cleaners had mislaid one and were trying to find it.

 

The trousers to the suit were never found, however the jacket did turn up, the cleaners asked if they could retain it while they continued to try and find the trousers as it would hopefully help them match them up.

 

The suit in question was a Hugo Boss, camel coloured, wool blend suit. I had not worn it more than a dozen times. It was a christmas present in 2007 from a lady I had been seeing between July 2007 & February 2008. Unfortunately it was an acrimonious split and we are not on friendly terms, to say she has made it clear she won't help me is an understatement.

 

Eventually I said that I wanted either my suit returned or compensation for my loss. Finally in January I received a claim form from an insurance claims service. I duly completed their form and attached the dry cleaning ticket as requested and returned it to them.

 

The claims service have told me the insurers will only pay me £100 as a full and final settlement, citing that they do this as a goodwill gesture. This is because I am unable to supply proof of age, ownership and value. Frustratingly I told the truth about the suit being a gift from outset, so I am kind of stuck with no means of obtaining a receipt.

 

Since the cleaners said they still had the jacket I should be able to get the suit information from the labels. It's theoretically possible for me to contact Hugo Boss and to see if they will provide me with confirmation of the approx timeframe when the suit was made as well as the retail value. Obviously this is all going to be time consuming and delay things further, and it does depend on Hugo Boss being prepared to help.

 

Surely I shouldn't have to go to so much trouble, after all I entrusted the dry cleaners with my suit and through no fault of mine I no longer have it. I have only ever seen the same suit in a retail outlet in the USA where it had a price tag of $699 USD. So the £100 offer is wholly unreasonable as it would cost far more, even allowing for wear & tear to replace the suit. Even the trousers would cost far more than this and thats if I could get a pair, it is unlikely they would be an exact match to the jacket as this has been worn several times and cleaned twice.

 

I am stuck and need some help to progress things. Any advice would be most welcome and appreciated.

 

David.

Link to post
Share on other sites

You will need to find an estimate for replacement suit - check the policy terms - it may state they will not replace matching items which means that they will only pay for the Trousers. Once you and the insurance company know what figure you are looking for, they may then see how unreasonable they are being.

Link to post
Share on other sites

It's not the insurance company you should be dealing with but the drycleaners. They have a duty of care to ensure that they do not lose clothing in their possession & the insurers are just trying it on.

 

Unless there is any public notice in the drycleaners stating the full extent of their liability & unless you were made aware of it before you left your suits with them, IMO you should get full compensation for the entire suit. After all, it went in as a suit, not a jacket & trousers & one piece is no use to you without the other.

 

However you will have to get a written estimate from Hugo Boss as to the cost of its replacement at today's date. Just ask a store manager to write it on their headed paper, even a compliments slip. Do not take the 'wear & tear' argument from the insurers, you've not worn it sufficiently for this to be a consideration.

 

I suggest you then write a very strong letter to the drycleaners saying that you have refused the inadequate offer of their insurers & that unless you receive the full sum as detailed on your HB estimate for the replacement within 14 days, you will issue a summons in the county court for recovery. Mail it Rec. Del. with a copy to the insurers. Wait 14+2 days & then immediately issue a Form N1 at your local county court. You will be able to recover all the fees etc. as part of your claim plus interest (if it goes to court). If you are not sure how to do this, look at the info at the top of this page on making Small Claims.

 

Unfortunately it seems to be the only method that concentrates insurance companies minds & persuades them to pay up. You probably won't even have to attend court, they'll settle with you beforehand.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

It's not the insurance company you should be dealing with but the drycleaners.

 

The insurers are entitled to act "in the shoes of the drycleaners" under the doctrine of subrogation.

 

The onus is on the OP to prove their loss. The fact it was a gift is irrelevant. I would get the jacket and get Hugo Boss to date and value it.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

Link to post
Share on other sites

Thanks for the replies.

 

I don't recall seeing any notices up in the cleaners, however I'm sure a notice doesn't reduce their liability. I don't think it's possible to get this suit or the trousers now as they will have a design lifespan lasting a couple of seasons at most. If the jacket and trousers aren't cleaned together they will soon fail to match. The only way I won't lose out is if they replace the suit or give me the full value.

 

I'll need to get the jacket from the cleaners, but what if they tell me they no longer have it? Either way I'll need to find a Hugo Boss stockist who will provide an estimate. It's annoying that I have to go to so much trouble and time, am I within my rights to bill them for my time?

 

If I am dealing with the insurance claims agent, who would I take county court proceedings against, if I am forced to take this that far? If they don't increase on the ridiculously low offer they have made I will definitely be taking it further. The insurance agents have stated in their letter that they will not increase their offer, regardless of any legal action I choose to take.

 

I understand why the insurers are asking for proof that the suit is made by Hugo Boss, because people frequently inflate the value when claiming for loss or damage. What worries me is if the cleaners no longer have my jacket, then I have no way of proving that it was a Hugo Boss suit. I do have a couple of other Hugo Boss suits, as well as others which are considerably more expensive, would proof of these add weight to my claim?

 

Even if I can't prove what type of suit it was, surely it isn't right that I lose out, after all I didn't want the cleaners to lose my clothes.

 

Thanks again

Edited by SBKDisco
Readability issues
Link to post
Share on other sites

The cleaners can limit their liability in law.

If the dry cleaners have lost the jacket then that will be fairly damning for them.

If you sue you sue the cleaners but the insurers will act in their name.

Yes you do have to go to trouble to prove your loss, you will not be able to claim for this using MCOL.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

Link to post
Share on other sites

I understand the concept of subrogation, normally this applies when an insurer is recovering the loss on behalf of the insured (premium payer), since I haven't paid them the concept is unfamiliar to me. I wonder if I can claim on the personal possesions cover on my contents insurance and let them argue with the cleaners insurers.

 

If the cleaners can limit their liability when taking care of garments entrusted to them, and paid for in advance, simply by putting up a notice to that effect what is to prevent them denying all liability in the same way. I assume they will have a notice of this type, because if it's that easy to limit their liability they would be foolish not to do so.

 

What do you mean by, being unable to claim for this using MCOL?

Link to post
Share on other sites

 

I'll need to get the jacket from the cleaners, but what if they tell me they no longer have it?

 

They would have no right to dispose of your jacket until you had made an agreement of compensation with the insurers. If they have, not only can there be no question then of your entitlement to a new suit but it would look even worse for them in court. And how are they going to argue successfully on the make of the suit if they have destroyed the evidence? :eek:

 

Either way I'll need to find a Hugo Boss stockist who will provide an estimate. It's annoying that I have to go to so much trouble and time, am I within my rights to bill them for my time?

 

You would be able to ask the court for compensation for lost time etc. as part of your claim.

If I am dealing with the insurance claims agent, who would I take county court proceedings against, if I am forced to take this that far?

 

The drycleaners.

 

The insurance agents have stated in their letter that they will not increase their offer, regardless of any legal action I choose to take.

 

Of course they'll say that - don't believe it ;-)

 

What worries me is if the cleaners no longer have my jacket, then I have no way of proving that it was a Hugo Boss suit. I do have a couple of other Hugo Boss suits, as well as others which are considerably more expensive, would proof of these add weight to my claim?

 

The existence of your other Boss suits is irrelevant. However the 'absence' of your jacket that would prove your assertion that it was HB should add weight to your statement. After all, you didn't dispose of the evidence - they did. And why would they do that except to cast doubt on your statement?!! I think any sensible judge would smell a rat.

 

Even if I can't prove what type of suit it was, surely it isn't right that I lose out, after all I didn't want the cleaners to lose my clothes.

 

You are legally entitled to be recompensed for your loss by the person who caused that loss.

 

 

The drycleaners can't deny all liabilities - that would be unfair trading etc. However they can limit their liability with for eg. saying that they will not be liable for any consequential losses outside their control so to give an extreme eg - if you needed it for a wedding etc. & had to cancel your plans because you had no suit, you would not be able to claim lost deposits on your wedding reception etc.

 

MCOL is the online claims service for the County Court small claims system, you would need to submit the claim through your local court. It's just as easy & can be mailed, you don't need to hand it in person although if it came to a hearing, you would have to attend.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

. I wonder if I can claim on the personal possesions cover on my contents insurance and let them argue with the cleaners insurers.

 

 

You may be covered by your personal houshold insurance but why should you claim against yours & risk an increase on your premiums for the future when it is the drycleaners' fault?

 

It is possible that your houshold insurers will claim the costs from the DCs but not guaranteed.

 

This is exactly the tactic the DCs insurers are employing so that they don't have to pay out! Don't let them get away with it.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Thanks again. I have always applied common sense when dealing with aspects of the law, however common sense and fair play are no substitute for knowledge. All of this helps considerably, I feel a lot more confident about the situation now. I was worrying that I was going to end up with next to nothing, which would be ridiculous under the circumstances.

 

I'll need to ask to have the Jacket returned on Monday. I am going away for two weeks on Wednesday and since the nearest stockist is 35 miles away in Milton Keynes I will not be able to do anything about getting an estimate for the cost of a replacement suit until I return. I will contact them on the telephone and ask if they can send me one by post, as this will save a lot of time.

 

I wonder if it would be worth my while telling the insurance company what I'm doing, as this may encourage them to increase their offer. I'm not even sure if they are aware that the cleaners have the jacket, I haven't mentioned this as in my contact with them I've been referring to the loss of my suit, and they haven't said anything either. I would probably accept £300, however I think the estimate for an equivalent suit will be considerably higher than this and because they are making things difficult I'm becoming inclined to push for everything I can get from them.

Link to post
Share on other sites

 

I wonder if it would be worth my while telling the insurance company what I'm doing, as this may encourage them to increase their offer. I'm not even sure if they are aware that the cleaners have the jacket, I haven't mentioned this as in my contact with them I've been referring to the loss of my suit, and they haven't said anything either. I would probably accept £300, however I think the estimate for an equivalent suit will be considerably higher than this and because they are making things difficult I'm becoming inclined to push for everything I can get from them.

 

IMO do not give the insurance company any warning of your actions, it just gives them the opportunity to mess you about even more.

 

Get your estimate, write them a strong firm letter (post it up here if you want others to advise before sending it) & then STAND FIRM!!!

 

You are entitled for the costs of replacement 'like with like' - do not let them get away with anything less.

 

You have to stop trying to be 'nice' to insurance companies - they really don't care one jot, they are only interested in not paying out their cash. It doesn't make them respect you any more & if you show any weakness they will behave like the sharks they are & gobble you up for dinner. :-x

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

Link to post
Share on other sites

Thanks again.

 

I'll need to ask the dry cleaners for the return of the jacket, and then see about obtaining an estimate from the Hugo Boss shop. If I'm lucky they will do it over the telephone, because thats all I will have the time to do before I go away.

 

I presume I'm not obligated to inform the insurers because I won't be able to contact them for at least 3 weeks due to my holiday. After I return and have got the estimate from Hugo Boss I can send it to the insurers along with a claim for the costs incurred in obtaining the estimate (if I have to drive to MK to get it) and the letter requesting payment in full within 14 days. It appears I should also send a copy of this letter to the dry cleaners.

 

If the insurer refuse to pay I guess I'll need to make an application to the small claims court. If it goes this far I will know the exact amount of money I will be claiming and having been on the HMCS Claims website it states "A claim for a fixed amount is where you know the exact sum of money, including interest, that the defendant owes you".

 

It also says "You cannot use Money Claim Online if your claim is not for a fixed amount. For example if you have suffered an injury and want to claim compensation from the defendant".

 

I am now wondering if I can use the MCOL proceedure as I'd be claiming for a fixed amount based on the value of my suit. This fact alone meets the criteria for using the online service. Whatever way I need to submit it, I need to name the person who my claim is against, but I don't know the owners name. I don't even know if it's a limited company or anything, all of my correspondence has been to "The Manager".

 

Hopefully I won't have to go this far.. So I guess I should worry about crossing that hurdle as and when it arises.

 

Thanks again..

 

I'll see what happens when I get back from vacation.. :cool:

Link to post
Share on other sites

  • 3 months later...

Just to let everyone know.

 

I managed to get a letter from the manager of a Hugo Boss shop confirming the original retail price of the suit in question and confirmation of a replacement cost. I sent this to the insurers who offered, and have now paid out £300 in compensation. Around £75 less than the suit would have cost.

 

Thanks to all of those who gave me advice and the confidence to pursue my claim.

Link to post
Share on other sites

  • 8 months later...

Hi All.

 

I have just read the entire thread on this subject as I am currently having a bad suit day and wondered if anyone can help with my problem?

 

My wife dropped my Hugo Boss suit into our local alterations shop who take dry cleaning to a local town cleaners in bulk to be cleaned. Unfortunately I had left a black pen in my inside jacket pocket after a meeting which no one found before the cleaning started.

 

I was called from my wife telling me that the pen had exploded in the pocket inside the cleaner, splattering the lining of the jacket with ink and soaking through the sleeve in two places and the back in one place, which are visible.

 

The alterations shop called my wife and offered to replace the lining free, but didn't explain about the marks on the outside. She agreed and they have progressed that by cutting a small square of the lining out and have got the new lining material already. I unfortunately work in London and couldn't get back before the shop closes every evening to check it.

 

I have now seen the jacket and the marks are sufficiently visible as to render the jacket un-wearable by me. I have told them not to change the lining as I will not wear it now.

 

The Alterations shop say that it is not down to them and the Dry cleaners say they do not have insurance that covers this.

 

How do I progress this?

Is it my fault?

Should the DC's have checked before cleaning?

I can't see that the Alteration Shop has any responsibility, but do they? They had undertaken an offered service to deal with the cleaning of the suit, so is it them I should be going to for compensation?

 

I hope someone can help.

 

 

Thanks in advance

 

 

 

6ama6

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...