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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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About 2 years ago I took a lamp to a local auction house for

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About 2 years ago I took a lamp to a local auction house for them to sell. I gave it to an employee there who took it from me but did not give a receipt.
In due course the lamp was sold under somebody else's name.
I explained what had happened to the auctioneer but did not demand compensation because I felt embarrassed that I had driven off without the paperwork so felt it was partly my fault. She must have taken it seriously because the person I gave it to has not been employed by her since to my knowledge.
However I have recently discovered that she has been telling people that I took the lamp elsewhere and not to her saleroom at all. I am 71 years old and she seems to equate old with not knowing what you are doing! She has fabricated a story that absolves her saleroom completely by slandering me and I cannot prove otherwise. She has even put it in writing to me.
Is there anything I can do to stop her spreading this false story or do I just have to live with it?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. I am sorry this is happening to you.
How have you found out she has been doing this?
Customer: replied 2 years ago.
About a fortnight ago I took something else to the saleroom to be sold. I was told by a young woman there that I was not to be allowed to consign and that it was something about a lamp I had taken to a charity shop. Jo ( the auctioneer) was not there so I couldn't see her then but emailed her when I got home. I said that if the lamp ever went to a charity shop her employee must have taken it there so he wouldn't have to admit to her that he hadn't done the paperwork.
I haven't seen this employee at the saleroom since the original incident anyway so have assumed he is no longer employed there. I said we didn't make this situation and might never know what really happened so couldn't we just shake hands and move on.
I had a rather unpleasant letter back saying that I had taken the lamp elsewhere and they protected their saleroom by regulating who could sell there. Now not only could I not sell there but I was not to be allowed to buy there either.
I emailed back that I have been telling the truth all along. I said that she had made up this story and was passing it on as fact to her employees and that she needed to stop.
I still have my emails but I have a horrible feeling I might have binned her letter in disgust and the bins have been emptied.
Customer: replied 2 years ago.
It's not the saleroom ban that upsets me - it's the untruths.
Expert:  Jenny replied 2 years ago.
Unfortunately from a legal point of view there is little you can do.
You were right to email her to complain about this.
The problem is that in law you can only bring a claim if you have suffered a loss as a result of something. If she is publically slandering you and you are suffering financially as a result then you would be able to take action.
If she is simply banning you from her shop then there is little you can do.
I am sorry that this has happened to you. I would avoid using them in the future.
Customer: replied 2 years ago.
I have suffered a loss in that I never received payment for the lamp. Something happened to it after I left it in the saleroom in the care of her employee.
Expert:  Jenny replied 2 years ago.
Yes you have suffered but that is a separate issue from the one you raised in your question (about the rumours).
You can bring a claim in breach of contract for the loss of the lamp. The difficulty you have, without paperwork, is that it will boil down to your word against their's as to what happened to the lamp.
They are clearly denying knowledge or responsibility.
If you bring a court case for the value of the lamp they will be made to show, by way of evidence, their records.
This should show that they received and then show the lamp (unless of course they choose to fabricate or delete records).
If you want to go down that route you need to send a letter before action to say that if they do not pay you the value of the lamp within 14 days you will bring a claim.
You can claim online at www.moneyclaim.gov.uk
If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.
So, to be clear, anybody can say that you have done something you haven't and unless you have suffered financially there is no recourse in law?
Expert:  Jenny replied 2 years ago.
Yes that's right. You can only sue if you suffer a loss. You can take injunctive proceedings out to prevent harm but this is really expensive , tens of thousands of pounds at least, so the reality is there is little you can do about it.
Customer: replied 2 years ago.
Thank you for your advice - not what I wanted to hear but that's not your fault!
Kind regards
Expert:  Jenny replied 2 years ago.
No problem, I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time.
Many thanks and sorry it was not what you wanted to hear.
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