How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Madam,I left an oil painting with a local shop,

Resolved Question:

Dear Sir/Madam,
I left an oil painting with a local shop, here in Wakefield, for re-framing.
The shop went into administration.
The administrator has stated that no item cleared from the shop premises, resembles my oil painting. The stock is in a secure lock up in S Yorkshire.
Shop owner has since died.
How can I redress the situation, legally?
Mick Norton
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this Mick.
Did you get a receipt for your painting when you dropped it off?
Customer: replied 2 years ago.

Dear Alex,

Since requesting your assistance i have been in email contact with the "administrator" who was responsible for the clearance of the "Fastframe" premises. I attach correspondence for your information as it throws up additional points. I do have a receipt




























Richard M Broomhead




26 Jun (2 days ago)













to me, Nick






Mr Norton,

I can definitely, 100% guarantee that no such item matching your description was removed from the premises of the shop. I have advised that this is the case already and sent an email dated 21 April outlining that after another thorough check that the picture is not there.

Should you wish to pursue this matter, please be advised that Mr Bell' estate is insolvent and as such there are no funds to pay out or compensate customers for missing goods. Since I did not work for the deceased, I am not in a position to be able to explain what has happened to missing items but I have reported it to West Yorkshire Police to whom I have also given a statement. They also, I understand, interviewed Mr Bell's former employee regarding the missing items.

I am sorry that I am unable to provide you with better news. I have instructed the solicitor to discontinue communication from this point onwards as there is nothing else that I can do.

Regards

Richard Broomhead

Sent from my iPad





































Mick Norton <*****@******.***>




26 Jun (2 days ago)













to Richard







Dear Mr Broomhead,
Many thanks for the prompt response, you have clarified a few grey areas.

Can I assume that my painting, Fastframe Customer Order Number, 01501 dated 21 July 2014, was amongst the missing items you have reported to West Yorkshire Police?

Regards,

Mick Norton










































Richard M Broomhead




26 Jun (2 days ago)













to me








There were no lists either held on the premises or when we emptied it as the landlord gave us 12 hours to empty the premises before they changed the locks. To clear a business property that had been running for more than 20 years in 12 hours was very difficult but we left no customer items there. All we left was machinery which we were unable to move.

Thank you










































Mick Norton <*****@******.***>




26 Jun (2 days ago)













to Richard







Mr Broomhead,
Is there a West Yorkshire Police investigation report number I can refer to?

Regards,

Mick Norton










































Richard M Broomhead




26 Jun (2 days ago)













to me








I have absolutely no idea - I suggest you contact them if you are that interested.

Sent from my iPad










































Mick Norton <*****@******.***>




26 Jun (2 days ago)













to Richard







Mr Broomhead,
Many thanks, ***** ***** make contact with West Yorkshire Police, over the weekend.










































Richard M Broomhead




26 Jun (2 days ago)













to me








I know that they will advise you that it is not a police matter but a civil one. They will inform you that there is nothing that they can do, like myself.

Sent from my iPad













t from fastframe, Customer Order Number 01501 dated 21 July 2014.

Regards,

Mick

Expert:  Ash replied 2 years ago.
What is the cost of replacement ?
Customer: replied 2 years ago.

Alex,

The painting is a family item and physically irreplaceable.

However, the Fastframe value stated £70.

Regards

Mick

Expert:  Ash replied 2 years ago.
Do you say they have it or lost it?
Customer: replied 2 years ago.

Alex,

It has disappeared.

There is no trace of the painting.

Mick

Expert:  Ash replied 2 years ago.
And what do you want to achieve?
Customer: replied 2 years ago.

Alex,

A means of establishing whether the painting was perhaps at the late shop owner's private property and therefore not available to the administrator who cleared the shop.

How should I pursue my claim when the administrator has stated that the late Mr Bell's, (shop owner), estate is insolvent with no chance of compensation?

regards,

Mick

Expert:  Ash replied 2 years ago.
What order is it you want the Court to make?
Customer: replied 2 years ago.

Alex,

I assume any legal action would have to be, "civil?"

I would expect the court to question those who benefited from the late Mr Bell's estate and to question Mr Bell's shop assistant.

Would any such legal action prove disproportionately expensive?

Mick

Expert:  Ash replied 2 years ago.
How do you know the persons that benefited from the estate?
Customer: replied 2 years ago.

Alex,

I don't know whether any person/s benefited from the estate.

I can only assume my painting was, say, removed from the frame, rolled up, and taken home, by the late Mr Bell.

Mick

Expert:  Ash replied 2 years ago.
The problem you have is this Mick - this is not a criminal matter. Only you can bring a claim in law against the administrator or previous company. If you do then its not up to the Court to question those who benefited, it simply does not have the power.
You have to call any witnesses you have, as does the other side. But if the estate is wound up and in administration then the Court wouldn't order witnesses to attend for questioning, this is a civil matter not criminal.
Therefore short of issuing proceedings against the administrator or the estate sadly there is not much you can do. Even then if the estate is wound up there would be no point bringing proceedings. You could potentially bring a claim against the Administrator, but you may not get the painting back and if you don't know how much its worth a Court will find it difficult to assess loss.
I am sorry if this is not the answer you want and certainly not the one I Want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Alex,

Thank you for your thoughts, much appreciated.

I think I have no option but to leave things in abeyance.

Many thanks,

Mick

Expert:  Ash replied 2 years ago.
I am sorry its not better news Mick.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex