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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Following a telephone conversation in April 2013 3 sails that

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Following a telephone conversation in April 2013 3 sails that were surplus to requirements on my yacht were collected by a company called Exchange Sails who advertised in the yachting press. In that conversation, they told me that they could sell them and charge a commission. If they were unable to do so they would either buy them from me or return them. They condemned one without my authority on the grounds that it was badly degraded by UV but that they would go ahead with offering the others for sale. Since then, in spite of my pressing them, there has been no sale and a reluctance on their part to reply to my emails. I have therefore asked for them to be returned but have heard nothing for some months. The recommended sale price that they suggested is £480.
Is this worth pursuing through the small claims court? Your advice would be appreciated.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. You could indeed try and pursue this through the small claims court and the risks of doing so would be quite small, where the worst outcome is that you lose any fees you pay for starting this, which won't be too much. Whether it is worth pursuing this would really depend how cooperative the company is with the process as well as if they are solvent. They could completely ignore the claim and bury their head in the sand, which means that even if you win the claim by default you would still have to try various enforcement methods to try and apply the judgment and get your money back, which will inevitably increase your expenses. On the other hand if they have a claim against them they could be prompted to act and resolve this in some way, or at least defend it and let the court decide who is right and if they have any liability in this case, which they likely would. However you are then still relying on their cooperation in paying what becomes due and there is no guarantee of that and only they know if that would happen. If they are being difficult then as mentioned you will have to pursue the various enforcement methods available to you until you manage to get something from them, which will take time and will increase the costs. So there is always going to be a risk by going to court, although you could try and make the claim to try and 'scare' them into acting, knowing you can discontinue it an any time if you see there is a potential of the costs getting higher. Hope this clarifies your position?
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