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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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We are a new magazine publisher. We took on the services of

Resolved Question:

We are a new magazine publisher. We took on the services of a large magazine distributor. They explained that magazines would be given to shops to sell on a sale-or-return basis. We sent them 400 magazines and they informed us a few days later that 162 had been sent to shops throughout the country. Each shop had varying different amounts ranging from 1 to 25. The remaining 238 magazines were kept in the warehouse.

The magazine is a bi-annual, so it was agreed that the magazine would be on sale for 5 months. the final day of sale was 12th April 2014. Prior to this date, we tried to make contact with the distributor, but our requests for a reply were ignored. We advised the assistant of our account manager that we wanted to know when they would like our second issue (as it was a one year contract) and when we could collect the old magazines. Emails from our account manager read "any unsold magazines will be recalled from the shops after 12th April". We were ignored for over three weeks. We finally got a reply. Our account manager informed me that our magazines had been destroyed.

I asked him why, and he said it's what they normally do. He hadn't told me that they would be destroyed. There was no transfer of ownership and the contract did not state what would happen to any unsold magazines.

As we were selling the magazine elsewhere including online and in independent shops throughout the UK, we took orders for the magazines that we were expecting to get back. Some of these orders were prepaid.

I have sent a letter requesting the value of the destroyed magazines be paid to us. They have refused on the basis that we didn't ask them NOT to destroy them. They are also claiming it is what they normally do.

Are we able to claim damages? What are our rights?

Thanks

Howard
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

What do you wish to know and how much are you claiming?
Customer: replied 3 years ago.
Do we have a reasonable claim for damages? The claim is for just under £3k.

Is it true to say that there was no transfer of ownership? Do we have to ask them if they are going to destroy our property or is it their responsibility to ask us if they can.
Expert:  UKSolicitorJA replied 3 years ago.
They should have asked you whether it was okay to destroy your magazines or they should have informed you of their policy to destroy them, this was never done so it is reasonable for you to ask for these magazines back in the absence of terms and conditions to the contrary.

You may reduce your demand to include the cost of the magazines which you have already sold on instead of claiming for the entire lot as the court would expect you to mitigate your loss. The court would expect both of you to try and settle this matter out of court.

If you decide to go ahead with your claim for money, you may do so online at www.moneyclaim.gov.uk

You will not be ordered to pay their legal fees if you lose as the claim is low value.

Hope this helps
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