Jacket stolen from a venue cloak room

[hendryc]

Can someone please help

- I paid for my jacket to kept within a venues (UK) cloak room,

 

when I went to collect my jacket, it was gone.

 

The venue have admitted full liability.

 

My question is,

what am I entitled too in terms of compensation,

I have requested a replacement jacket.

 

The jacket is considered a collectors item and has therefore risen in value,

the venue are only offering a refund of what I paid for the jacket

- this amount will not be sufficient to replace it.

 

My understanding is i

"should be put back in the same position I was in prior to the theft".

 

I have always maintained to the venue I want my own jacket back or a replacement.

 

Can anyone advise what I am entitled too

- is it what I paid for the jacket OR is it the replacement value ?

[BankFodder]

I would say that you would be entitled to the replacement value but you will have to supply good evidence from two or three independent sources as to what that value is.

[hendryc]

Thank you for the reply, this is what I suspect to be the case. Do you know where I stand in terms of the law?

[BankFodder]

What I would say under the law that your entitlement is as I have already indicated, to receive the replacement value.

 

You paid for your jacket to be looked after so there was a contract. They failed to look after it so they are in breach. You say they have already put their hands up so now the only issue is about the quantum of damages. Assemble your evidence and then start trying to engage them in a discussion. Under the new pre-action protocol dated 1 October, I think that you have do write to them and they have 30 days to respond. If they failed to respond then you can issue a 14 day letter before action. If they do respond then you have another 30 days to respond to them. I think that they then have a further 30 days to respond to you. If there is no response or there is no basis for an agreement then you can send an LBA.

 

Doublecheck this but I think that this is the way that the new pre-action protocol works.

[hendryc]

BankFodder, thank you for your detailed response - it is genuinely appreciated.

 

The information I provided was a concise description of the incident,

the background is such that I have engaged them in discussions to no avail

and now I feel all communication between myself and the venue has been exhausted and

I have given them 14 days before I begin proceedings.

 

So pre action protocol is probably not a route I will pursue.

 

From my own research am I correct in saying the Consumer Rights Act 2015 provides the protection for this dispute,

or do you think I should be looking at another act/legislation ?

 

Any other advice you can offer will be appreciated - thanks.

[hendryc]

You mention "quantum of damages", how is this calculated ?