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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70510
Experience:  Over 5 years in practice
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Hello. I am a jewellery maker and had my stock in a shop on

Resolved Question:

Hello. I am a jewellery maker and had my stock in a shop on a sale or return basis, the shop was shutdown by baliffs and I cannot retrieve my jewellery or money owed from sales. I know through my own reseasrch that the baliffs did not sieze any stock but the shop manager took everything out and put it in her garage. I have tried endlessly to contact her and she is not responding.. about 6 weeks has passed now. I do not have a sir name or address for her. What can I do? Thankyou Bella
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you owe the shop manager money?
Customer: replied 3 years ago.

No. My jewellery was in there on a sale or return basis, they owe me money for some sales.

Expert:  Jo C. replied 3 years ago.
Under the Sale of Goods Act title to goods passes on delivery unless you have a Retention of Title clause which says otherwise.
Retention of Title is an extremely complicated subject and if you simply had an agreement that said that these were goods on sale or return, that would not be sufficient for you to retain title in them.
You can try approaching the liquidator to get your stock back on the basis of any agreement that you had with the shop but you could well hit a brick wall which means that you would have to take the liquidator to court.
That is the situation if the stock is still in the shop but, from what you say, it is not in the shop but with the shop manager.
Without a name or address, you have nowhere to turn up to or to serve proceedings.
About the only thing you could do therefore would be to instruct a private investigator to try to ascertain the name of the proprietor.
If the proprietor owned the building you can get the name from the title deeds at the land registry which costs £3.
Of course that may or may not be the name of the person has the stock but that person may know the name of the member of staff.
There is no easy way to find out the name and address of that staff member.
Once you have it, you can threaten court proceedings and take them to court if necessary.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

Thank you for your advice. I think you have answered my question fully, I basically need to get a name and or address upon which I could take legal action?

Expert:  Jo C. replied 3 years ago.
That's correct. Without the name and address of the shop manager who actually has the items in their possession, it is impossible to move this forward.
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