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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I took my sewing machine to a shop who were then going to take

Resolved Question:

I took my sewing machine to a shop who were then going to take it to be serviced at another company. The shop closed down and did not deliver the machine for repair so should still have my machine. Even though I have managed to make contact with the shop owner by letter they have not responded to me or arranged for me to recover my sewing machine - what can i do to pursue this further?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thanks for your question.

tdlawyer :

My name isXXXXX can answer your question for you.

tdlawyer :

Do you know whether the shop has gone into a formal insolvency process, such as administration or liquidation?

Customer:

I haven't been able to find that out - I have looked in the London Gazette but couldn't find anything - all the notice on the shop window said is that the business had ceased trading. I have the property landlord details and also the managing agent details. The estate agent has been helpful but obviously can't force the person to respond. I am just concerned that the shop might get cleared out and my machine goes with it

tdlawyer :

Yes, okay. Is your machine in the shop still do you know?

Customer:

I haven't been able to find that out - I was hoping they would come back to me - I know the person went into the shop last Thursday (13th March) but I haven't heard anything. I did speak to the people who actually do the machine repairs and they confirmed that they have never received the machine so I can only assume it is still in the shop

tdlawyer :

OKay, if the machine is still in the shop, getting your hands on it is key. If you can find out via the landlord/estate agent etc, that has to be the best thing to do and try and get in to get it back. Otherwise, you would have to make a court application, which you might consider the cost of to outweight the benefit in all honesty. Also, if you make a court application you really need to know who it is you're suing, and need the details of the tenant (which should be possible via the landlord/estate agent).

tdlawyer :

You should tell the estate agent that your property is there and that if they sell it, or allow it to be removed, you would sue them for trespass to your goods.

Customer:

The tenancy of the shop has been given up - there was a notice on the door to that effect, so the managing agent is now responsible for it. The estate agent has been told to get a new tenant for the shop. Who would I have to contact to get permission to find out if it is in the shop - would it be the managing agent? Or should I formally write to the estate agent - would he be allowed to let me in the shop?

tdlawyer :

Yes, I would say it's the managing agent now (or possibly, the estate agent, it depends what authority they've been given).

tdlawyer :

I would contact both - by telephone and in writing.

tdlawyer :

And via email if you can (as there is a record of it being sent etc).

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