max speillman - lost honeymoon photos

[Movingon]

I'm not well so I can't do this right now; I've paged a mod to see if we can get you some help. Really sorry to let you down at this critical stage.

[JSchoey]

Need help re: Particulars of Claim.

 

Need to issue claim against them urgently so they take me seriously.

 

 

HELP!!!!!!!!!!!

[PKea]

One of the Solicitors in my work said he will help me too. Max Speilmann's better watch out.

 

Need help re: Particulars of Claim.

 

Need to issue claim against them urgently so they take me seriously.

 

 

HELP!!!!!!!!!!!

 

Can your solicitor friend not help you?

[JSchoey]

This Solicitor said he would ask a Partner at the firm if they could write a letter for me but the Partner said no because he is a jobsworth and said that we would have to follow the client care letter etc.

 

So basically no.

[PKea]

Sorry, just re read my post. I didnt mean it to sound that blunt.

 

Just thought they would have a better idea.

 

If no one can shed any light here, mybe try searching the web for similar cases and look at the POCs they have used

 

Paul

[JSchoey]

yeah thanks.

 

I've been a little lazy about this lately cos had other stuff to deal with. Need to give myself a kick up the backside and sort it out.

[JSchoey]

The frustrating thing is that as a secretary I have filled in loads of court bundles, but the Particulars of claim get done by a Barrister so I wouldn't know where to start with my own.

 

I'm scared of making a mess of it and I don't want to lose just for getting my Pof Claim wrong. Is that possible?

[JSchoey]

Any advice at all would be of great help. I will sit down tonight and try and make a short P of Claim and post it on here for any thoughts.

[PKea]

Hi

I have just done a quick basic google search and i found this thread...lol

 

If you do as you said and write a short PoC and post it here, we can help shape and refine it

 

Paul

 

"Wisdom Begins In Wonder"

My advice is based on my personal experience and should be taken as such.

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[caro]

Struggling to help with this one. Seems you got the best advice to begin with. You need to think about what has happened in legal terms. The way I see it is that you have entered into a contract with the company, and they have failed to keep their end of the bargain. Have you got any paperwork from them that you got when you took the films in that you can look at, maybe including T&C's?

 

If your employers won't help you, how about going to another soliciors which offer a free first consultation. It might point you in the right direction, or shame your bosses into spending a few minutes to help you.

[Movingon]

I think that the difficulty lies in quantifying the loss such that a court will uphold it. Go with earlier suggestions; put what you consider to be a reasonable value on the loss of the content and memories, add a percentage and in the POC put something like:

 

" or such proportion of this amount that the Court deems fair."

 

So - your claim is for losses in breach of contract in that on you submitted a film for processing which contained photos from your honeymoon. These photographs were never returned to you and the company claim to have mislaid them and the originating negatives.

 

You consider this to be a once-in-a-lifetime experience that can never be repeated and these photographs would have epitomised and recalled forever the wonderful time you had with your new bride and as such the content of the film is irreplaceable. However you feel that the company under the contract you had with them owe you a duty of care in respect of the content of the film and their offer to reimburse you for the cost of the film and out of pocket expenses is at variance with this duty of care.

 

 

You feel that clause x.y in the terms and conditions of the contract which limits the company's liability in cases of loss to the price of materials not to apply in this case as you are not claiming for the loss of materials but for the loss of irreplaceable content (i.e. photographs). You feel that the sum claimed of if awarded would go some way to mitigating your feelings of loss in relation to this content and towards reminding the defendant of their duty of care to their customers and the content they have in their custody. You therefore claim the sum of as losses in breach of contract or such proportion of this amount that the Court deems fair and just. You also claim your reasonable costs in litigation of £x.