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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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Sir, I have found out fairly recently that a Painting which

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Sir, I have found out fairly recently that a Painting which I had placed with an
Auctioneer, to Sell for me in 2004 had brought a much Larger sum of money than the amount which I had been informed it had brought at that time,
Well despite numerous e-mails and telephone calls , the Proprietor of the said business
has continued to make excuses to Evade my Request for him to Pay me the Difference ,
I would really not wish to take this dispute as far as taking him to Court, and have wondered if he might be More 'Receptive' if he had to Deal with a more Professional body
than Myself, Thank You Mr J Crawford, I Have hearing problems and find it very difficult to conduct conversations by Telephone and would be grateful if you could kindly reply by Email Please Thank you,[email protected]

Hello, I am Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day today.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

How much more was it sold for? Have you thought about referring this to the police?This is fraud.

I am offline shortly until later this eve

Customer: replied 4 years ago.

I was Informed at the Time that the Painting had realized the Sum of

£5000-00 but have found out that the Actual Sale brought the Sum of £6,800-00,Thank You J C

Thank you. You are out of time to pursue this breach of contract because limitation under the Limitation Act is six years.
You are not out of time however to bring an action in fraud and from the limited facts you have given me, this is fraud.
I would tell whoever it is that you would been advised that you should refer this to the police. To be honest, even if they pay you now, they can still be prosecuted.
Threatening the police might focus the mind to cough up and I would want interest on the outstanding money
Does that answer the question? Can I help further? Can I answer any specific points?
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Customer: replied 4 years ago.

Hi Law, Thank you for your reply, but I do know that I can still bring an action against the offender, But I was Hoping to avoid this, with every thing which

this action would entail,I Have been informed that it would be Possible for me to appoint an arbitraitor to act on my Behalf which hopefully would add a Bit More 'Clout' to my Request for reimbursement of the Money Owed me by this Company, Thank You Jim Crawford

I’m afraid that after six years, you have very little clout unless you can allege fraud which is a police matter.
By all means try to negotiate but if the seller simply refuses to pay what you are entitled to, you have no option but to take legal action for fraud
Customer: replied 4 years ago.

Hi Law Sorry for the delay in answering your last e-mail, but just before we conclude our session, I would like you to give me a little more guidance, well a Problem which I can see arising is this ,Despite checking with my Bank,(They only have records going back 6,Years also) I can not find a Trace of the Cheque which he gave me at the Time,which was £5000.00 Less Commission of £750.00 (15% at the time) and I cannot find any trace of this amount being Paid into any of my Accounts, so All I have is word of Mouth at that time as he informed me by Telephone, I Have written Proof from independent Companys of the amount it actually brought I.E. £6,800

and this also is 'Verified' by His company, despite the Fact that he tried to tell me that this Figure Could of been given out by Mistake by One of His Employees at the Time, so I suppose my Evidence is a Bit Shakey!!

Incidentally He is not Aware of this at the moment, I look forward to receiving your kind reply,Thank You, XXXXX XXXXX


Even when you rate my answer, it does not conclude the session.
The evidence isn’t shaky, it is non-existent. It only becomes a problem if he disputes the amount that you were paid. So, before you raise the issue you might want to getting to agree the amount that he paid possibly by not telling him what the problem is yet.
Customer: replied 4 years ago.

Hi Law, Thanks again for your Answer,have you any Ideas as to how I might be able to induce him to admit to this , and how I could Retain this evidence ? Thank You J. C.

if you haven't raised it yet, and you thought of saying that your accountant needs the information, can he (the seller) tell you how much it sold for?

Customer: replied 4 years ago.

HI Law thanks again for your answer, but I do have evidence of the Price which the painting brought, it is evidence of the Amount which he said it brought ,and of which he Paid Me which I have Lacking ,

Thanks again J C.

in which case, I cannot see what the problem is because he isn't going to have paid you more than it brought!
Customer: replied 4 years ago.

Hi again Law, Sorry I am not to clear as to your Answer, my answer is that I

have Proof of what the Painting Brought IE £6,800.00

But I Have no proof that he Only Paid me £5,000.00 Les Commission ,

Because of the Fact that I could not find any written proof that he only Paid me the sum of £5,000.00,it was all done by Telephone, and the Cheque

he Paid me ,Just a Cheque and no Paper work, I suppose it is possible

if he has experienced doing this before, he maybe intended 'Covering' his tracks in Advance by avoiding giving me anying in writing as a future precaution !

Maybe I am playing with a very Astute Individual ! J C.

If you are absolutely 110% sure of your facts, and you were within the six years you could bring an action for pre-action disclosure of his records to show how much money he gave you. However you are out of time for that civil claim as I have told you earlier as the period is six years.
You are therefore faced with a legal action for fraud but you will also faced with finding your own evidence.
I would try what I’d already mentioned to you and that is asking him for confirmation of the amount that he paid you and when he paid it because your accountant needs it for your tax records. You are not asking for the price it sold for, you know that, but he does not know that you know that. What you are doing is asking for how much he paid you. There is a subtle difference.
Of course, he may lie in which case you are in no worse situation than you were before.
Please do not forget to positively rate my answer or I do not get paid for my time. The thread does remain open if you want to follow anything up.
Customer: replied 4 years ago.

Hi again Law, I know I am going over the same ground But I am afraid if I did ask him for Proof of what he Paid me I am afraid he would be Suspicious Immediately , it would look to him that I did not have a Record of his Payment to Me ,otherwise why would I be Requesting that he should tell me how much he had Paid me, oh and maybe I did'nt tell you from the Beginning that I have informed him more than Once that I have 'Proof' of the Sum which the 'Painting Brought ' I suppose I reallise at this Stage now, that Unless I can Furnish Proof of the Amount he Paid me in 2004 it looks as though he is going to get away with this Fraud, Thanks Again J C

PS I have Rated your advice as Very Good

thank you. The rating doesn't show up yet but I'm sure it will at some stage.
There is no magic way of finding out how much he paid into your bank account after nine years if the bank no longer have the records.
even if you were to tell him that you are going to sue him for the couple of thousand quid that you are short, and you apply to court for an action for pre-action disclosure to compel him to disclose details he can simply say that he no longer has them because, after all, why should he keep them longer than the usual six-year period?
I wish I had a solution for you but I'm afraid there is not one.
James Mather and 2 other Law Specialists are ready to help you