Jacket damaged at Gym - what is reasonable?

[Queen of Dulwich]

My jacket was damaged at the gym as I was squeezing past someone not knowing that the wall was freshly painted (there were no signs!) Gym owner insists on a receipt - I bought that jacket approx. 1.5 years ago.

Is it reasonable to expect me to have a receipt after such a long time? She says she is not going to pay unless she has a receipt. I now found the jacket on the internet and I send her the link - original price ?150 / reduced to ?90 / I am asking for ?60. She says I have to proof purchase...

Does anybody have any idea on how to proceed?

[Queen of Dulwich]

Oh I should add that I have tried dry cleaning it and the paint didn't come off.

[H]

Did you pay on your card? Can you find an old statement with it on?

[Queen of Dulwich]

I know that I paid - I didn't steal the jacket! (!) Can I seriously be expected to keep receipts that old? it's definitely more than a year ago. The statement doesn't state the item that I bought, only the shop name (if lucky) and the amount.

[mcdoto]

I think if you have the jacket (pretty conclusive proof of ownership) and an external verification of the price of it, it is not reasonable to insist on a receipt. If you sued her, you would not need a receipt to prove ownership as you have the jacket. Requests for receipts are more usual from insurers when the item has been stolen. But even they these days will not press the point if you have other evidence. Hope this helps.

[Queen of Dulwich]

-- moved topic --

[H]

Actually that is a good point, if you had been given it as a gift you wouldn't have a reciept either and wouldn't be able to prove it. She sounds very unreasonable, you need to stand your ground. Good luck, I hope you win!

[felt-tip]

the gym has been negligent and you have suffered a loss as a result. your loss is calculated as what? the cost of a replacement jacket of equal quality... dont settle for ?60 - go for ?150. If they dispute say that as you cant decide its best that the courts decide - thats if you are prepared to go to court - or at least threaten to, if not you wont get anything.

proof of purchase is irrelevant. you could have been given it as a gift but the loss is still the same - you now need to spend money putting yourself in the position you would have been had your jacket not been damaged - ie., a replacement jacket = ?150.

[giggirl]

I think you've been very nice and I think her attitude sucks. Speaking personally, I'm quite litigious and it pays off 100%. I expect people to behave decently and, if they don't, I take no prisoners. Give her one last chance and then take her to the small claims court. This couldn't be more straightforward - you don't even need to leave the comfort of your laptop. You just fill out the form online, pay the fee (which she will need to repay when she looses), and hit send.

Effectively she has already admitted responsibility - she's just being awkward about receipts. You should claim for the full ?150. Also, remind her that when you go to court you will be claiming for your travel expenses and you will require compensating for using a day's holiday (if you are using a day's holiday).

Trust me - this is effective.

Over the last 15 years I have threatened the Small Claims Court 5 times.

3 times the defendant admitted the claim and paid up as soon as they received the SCC papers

2 times the defendant attempted to fight the claim - both lost, it cost them much more ??? than it would have had if they paid up in the first place, and finally, let me tell you - they both rued the day

I would also look to change your gym as quickly as possible and remind her that, not only are you taking her to court, she's losing your business.

People should just behave decently - that's my personal manifesto. If she can't step up then hit her where it hurts.

[Mick Mac]

Well GG - that is impressive - If I ever need a legal adviser but can't afford a lawyer I now know where to go.

[KidKruger]

I would back-up Small Claims although I never use it as a threat I always intend to do it if they don't agree, I just give them the option beforehand.

I have settled with BP, HMRC and Dell Computers Inc. that way.

Add on the cost of the small claims application, the dry cleaning bill and any other costs you feel you actually incur.

The woman sounds unreasonable and may well believe she is correct and 'in the right', however the magistrate (or whatever he's called) will likely agree with you.

[giggirl]

Mick Mac Wrote:

-------------------------------------------------------

> Well GG - that is impressive - If I ever need a

> legal adviser but can't afford a lawyer I now know

> where to go.

Oh please don't MM. I know nothing about the law - except that it's an ass. The small claims court really is much more about who is right and who is wrong. It's brilliant.

[Roll Deep]

http://3.bp.blogspot.com/_a3CLgAuAq8k/R5U_PfzOo2I/AAAAAAAADcI/_1fzNwNNreg/s400/release-the-hounds.jpg

[Queen of Dulwich]

Thank you for your responses. Yes, I think I will charge the full price of the jacket. I said ?60 before I found it on the internet...so that's her punishment (price goes up when you ask too many questions ;-)).

She is not only loosing me as a customer, but also my friend - we have already found a new gym.

Thanks again!

[reggie]

hmmmm

[Roll Deep]

Please don't.

[reggie]

Do we treat businesses in the same way we treat our friends?

[Mick Mac]

Think QOD means - Gym owner is losing both herself as a customer and her friend as a customer. 2 customers lost. No friends lost.

[woofmarkthedog]

A

Front "wedgie" is always a good parting gift for any one who upsets you

Yes siree in one quick and fluid movement, hand lunges forward, then with a sharp upward tug

Then exit the building......

W**F

[Roll Deep]

Is this a 'keep your friends close, but your enemies closer' kinda question?

[daizie]

No question about it . Right up the front .

[Ladymuck]

Hi Queen of Dulwich,

Just a precautionary note. Before heading for the small claims court, you should ideally have tried to sort the matter out beforehand. I know you say you have, but I would urge you to put this in writing purely for evidential purposes - just lay out the facts and your claim and give them a time limit in which to act (e.g. 14 days). This alone may well prompt them to settle. However, if they don't, write a second letter heading it "Letter Before Action". Not only should this set out your claim, but it should also state that you have had no response to your previous letter. If you do not do this, before taking the gym to court, the court may find that you have acted unreasonably and may penalise you by reducing (or even disallowing) the amount of your claim.

Good Luck.

[giggirl]

I just wanted to reiterate how very very very easy the whole Small Claims Court application thing is. It honestly could not get any easier.

- You fill out an online form. You give details of both parties (you and the gym owner). You explain what has happened in simple language (i.e. you don't need a lawyer).

- You pay a fee (can't remember how much but it is not excessive - ?40 ish)

- The gym owner is sent a copy of the claim. She can then either (a) deny the claim - if she does this she'll need to have a good reason for doing so, and claiming that you don't have a receipt for your jacket will simply not fly or; (b) admit the claim and pay you the money for your jacket plus the court fees.

If she has any sense at all she will not let it get as far as the small claims court. Write her a stifly worded letter claiming the full cost of the coat and your dry cleaning expenses. Tell her that if you don't receive the funds within 7 days then you will proceed to the small claims court immediately. Remind her that if you take the matter further you will also be claiming all court expenses. Also tell her that you are very disappointed in her response to date and that she has lost a customer.

[SeanMacGabhann]

Am I the only one who has done this (be it at a friends house or a premises) and thought it's my own damn fault and vowed to be more careful in future?

[Roll Deep]

"If she has any sense at all she will not let it get as far as the small claims court. Write her a stifly worded letter claiming the full cost of the coat and your dry cleaning expenses. Tell her that if you don't receive the funds within 7 days then you will proceed to the small claims court immediately. Remind her that if you take the matter further you will also be claiming all court expenses. Also tell her that you are very disappointed in her response to date and that she has lost a customer."

Or, in other words...