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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I agreed with Scotia Philately to sell my GB collections of

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I agreed with Scotia Philately to sell my GB collections of stamps by private treaty at a price "to be only agreed with client".The collections had previously been independently valued at market value of over £39,000. Scotia claim that I agreed the total selling price as £12,000 less 12% commission, but I understood that that amount was for only one album of mint stamps valued at £19500 [of the total £39k]. Just one of the actual used stamps was recently sold by UPA auctions for £1260 and just a few similar items sold in the same sale for well over £10,000. The auctioneer tells me that the £1260 stamp identified as from my collection was submitted for sale by a major dealer. Scotia stamps previously wrote to me assuring me that all my collections had been sold at the best possible price and that the collections were not put with any other companies for sale on their behalf. I estimate my loss at a minimum of £14000, possibly well in excess of that figure. Can I pursue Scotia for breach of contract, or fraud, or theft?
The deal was done in Perth where the stamps were handed over, though Scotia is registered in England.
Submitted: 7 months ago.
Category: Law
Customer: replied 7 months ago.
Please note that I have full details of all the stamps including scanned photos. These files were given to Scotia at the time of the deal and have also been sent to the PTS
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 7 months ago.

How long ago did you agree to this?

Customer: replied 7 months ago.
Agreement dated 30th April 2016
Customer: replied 7 months ago.
I attach 2 emails relating to this matter, and can shortly send Scotia letter of response
Customer: replied 7 months ago.
Here are photos of contract and response
Customer: replied 7 months ago.
Can i confirm you are still there and receiving my attachments?
Expert:  Ben Jones replied 7 months ago.

OK thank you; thank you also for the attachments; please leave it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 7 months ago.

I have looked into your query in more detail but unfortunately it is not something I can assist with due to the cross-jurisdictional issues. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Expert:  Jamie-Law replied 7 months ago.

Hello my name is ***** ***** I will help you with this.

Was it in writing it would be sold for a certain price?
Did you not set a reserve?

Customer: replied 7 months ago.
Hello Jamie, thanks for picking this up. No reserve was set - the contract was for sale by private treaty price"to be only as agreed with client". There is a copy of the agreement among files sent to Ben Jones. Scotia claim that I agreed to sell for £10000 but I dispute this - that price was for one album only of mint stamps. They also claim in a letter dated 26th September "I do not hold any of your collections and or single items as they have all been sold and I have not put them wIth any other companies for sale on our behalf". However this latte statement is verifiably untrue - I identified by photographs from my own scans and from the catalogue of UPA auction 63 lots 23086 and 23217 two items from my collection. Lot 23217 was sold 11th October for £1260, and it was not even one of the very many valuable stamps in excellent condition.I can resend files if necessary should you not have received them from Bn Jones. Thanks
Expert:  Jamie-Law replied 7 months ago.

The contract is not clear. In the contract does it set a minimum price or reserve?

Customer: replied 7 months ago.
I attach further emails sent at the start of this dispute. If you ned more evidence there is plenty about the actual collections sold by Scotia, eg photosof stamps, database detailing stamps and prices, data on when and from whom many of the valuable items were bough etc. I do not want to subject you to a snow job! Thanks again for your help. I hope at least that you can advise whether this is theft, fraud or breach of contract and whether it is worth proceeding with an action. Thanks again, John Southorn
Expert:  Jamie-Law replied 7 months ago.

In the contract does it set a minimum price or reserve?

Customer: replied 7 months ago.
No - the contract is only as specified by the receipt for the items to be sold which can be seen on photo sent previously
Expert:  Jamie-Law replied 7 months ago.

Ok. This may be an issue if you did not specify a reserve on the contract. However I will outline the process of bringing a claim.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Given the value of this then you would be need representation in order to bring a higher value claim.

Can I clarify anything for you about this today please?

Customer: replied 7 months ago.
Hello and thanks for this. I assume that all this applies in Scotland? And that if I restrict the claim to £9999 I can present the evidence myself in court to demonstrate that the claims of the defendant re contract are false. Is that correct?
Expert:  Jamie-Law replied 7 months ago.

Yes it does apply to Scotland. You may need to issue a paper claim as you are in Scotland.

You can limit it to £10,000 or less for a small claim

Does that clarify?

Customer: replied 7 months ago.
many thanks. The Https link does not work. where can I get proforma for paper claim?
Expert:  Jamie-Law replied 7 months ago.

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf

Does that clarify?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3271
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you
Customer: replied 7 months ago.
I did not finish my response - I have sent an extra £10 and there will be more to come if this gets as far as a sucessful claim. Thanks again for your help.
Expert:  Jamie-Law replied 7 months ago.

All the very best.

Customer: replied 6 months ago.
Hello again. I have found that the procedure in Scotland seems different in that small claims are limited to only £3000. For my £10000 claim I would have to issue a form G1 to place an initial writ before the sheriff court, and the process could prove expensive. I am assuming that the correct jurisdiction is Scottish as the contract was signed in Scotland and the transfer of my stamps took place in Perth. If I were able to raise a small claim of £10000 in an English court I believe I might have to attend court. So could I choose a court nearest to where I live in Perthshire? Also I am away from UK January until mid March next year. Does it matter if I delay my claim until then? Sorry to bother you again but it appears that the advice you gave does not apply to my case. Thanks.
Expert:  Jamie-Law replied 6 months ago.

I understood the company was based in England so that is why I suggested you issue proceedings here due to the higher small claims limit.

Customer: replied 6 months ago.
That is fine so long as the jurisdiction is correct. Can I choose an English court nearest to where I live to have the claim heard?
Customer: replied 6 months ago.
Also would a delay until next April prejudice my case?
Expert:  Jamie-Law replied 6 months ago.

Indeed yes. No you have 6 years to bring a claim.

Customer: replied 6 months ago.
Thank you very much. I shall place a small claim before an English court if I can not resolve the matter without resort to the court. Your fine rating from me still stands.

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