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accident at work - Letter before action help needed


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Hi

 

trying to cut a long story short I am wanting to write a letter before action on behalf of my mother in law.

 

She was a manager of a pub and lived on site in a flat above.

 

18 months ago she had an accident at work and has been off work due to incapacity ever since.

Obviously whilst she has been off they have had to have someone managing it and unbeknownst to her these managers have been living in the flat using all her furniture - the flat was unfurnished except for a cooker and washing machine.

 

After about 2/3 months off work she was told by her work she would have to give up this pub (though she still remains a company employee on sick leave) and so she asked if her husband could come and pick up some of her belongings.

When he went he found that a number of employees had been allowed to stay in the flat again using all her furniture (she was not asked permission if this would be ok) and he also discovered a lot of damage had occured to her posessions.

When she had left her bedroom door was locked but they have discovered this room had been forced unlocked and things in her bedroom damaged as well as jewellery stolen.

 

The company have admitted liability and so far have given money to replace 1 double bed and a fridge freezer however many other items still remain missing or damaged.

 

The company have now been draggin it's feet since - over 12 months since this has been discovered.

So I am taking this up on her behalf - she is not well and I think it's ridiculous that at the moment she is having to make do with borrowed furniture.

 

Can anyone point me in the direction of an appropriate letter before action I can send.

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Hi Andie,

 

There's no template I know of for this.

 

You need to write to the Co at their proper address and set out briefly what happened initially, what's happened since and what you want to happen to resolve this.

 

Enclose a schedule of what is missing or damaged including it's value. This must be reasonable - eg, don't seek new replacement cost for a bed which was 5 years old. Bear in mind you will have to substantiate these items if you go to court.

 

Your first letter should set out YM's requirements for resolution and give them 14 days to pay.

 

If they don't reply, or make suitable suggestions for resolution, send an LBA giving them a further 14 days. You can then say, "If you fail to compensate me for my losses, I will file a claim at the County Court seeking judgement against you, including court fees and Statutory Interest at 8%, without further notice.

 

The Consumer Forums - The Small Claims Kit ? published by Lawpack

 

The Consumer Forums - Small Claims Procedure: A Practical Guide

 

One of these guides may save you money in the long run. :)

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