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ivorylounge,
Category: Law
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Experience:  Barrister at Self Employed Barrister
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We had some items that we asked a local shop in Fort,

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Hi, We had some items that we asked a local shop in Fort William, Scotland to see if she could sell them on our behalf and she could have half the proceeds. These items are original Native Indian Spears and Dream Catchers from an Indian Reserve in USA that my husband purchased on his travels in his younger days. The shop owner has had these items for about 2 years now. We have popped in to the shop a few times but she hadn't sold them. She makes and sells crafty things and unusual things, she sells them on her Facebook page and she goes to craft fairs so she thought that she would be able to sell them for us. We knew that she was closing the shop in the High Street and was moving house and that she was setting up her shop in an outbuilding at her new house. We contacted her in January to find out what was happening as the items were not for sale on her Facebook page and her website that is mentioned on her Facebook page is not active. She advised us that she had sold the items, but she was making many excuses in delaying paying us. She advised us that she was expecting payment for the items to go into her Paypal account on 16th March but we thought this was odd as she told us in January that she had already sold the items. March came and went and still no money. The same with April, although we have been in regular contact asking her for the money. We have reluctantly told her that we will seek legal action and gave her 7 days notice. She then advised us that she let someone have the items to have a look at to decide if he wanted them and he said he did, but has not paid her. We did not know about this before otherwise we would have sorted this out sooner. We thought that she had sold the items and had been paid for them, but was just putting off paying us, as we could not believe that she would sell an item before she even got paid for it! I have looked into the legality of it a bit and understand that there is the equivalent of a small claims form called Simple Procedure and that this will cost us £102 to submit to the courts. Can you please clarify what the legal position is here, such as do we have a good case and is it worth us spending the £102. She said that she had agreed to sell the goods for £600 so our half would be £300. If she lost the case, can she be forced to pay us even if she hasn't physically been paid herself. Surely she is responsible for our goods, especially as she has had them for 2 years and the chances are that she let this person have them before we contacted her in January, she obviously just didn't want to tell us and was hoping that we would forget about them. It is her fault that she let this situation happen and not our fault. I have all of the correspondence between us to back up what has been said too. Look forward to hearing from someone. Many thanks, ***** *****

Was there a written contract or agreement?

Customer: replied 8 days ago.
No, it was originally verbal when we took the items into her shop, but I have all the conversations confirming that she is going to pay us, she has asked for the account number on several occasions too.

The fact is that the shop keeper has disposed of the items. She has also mislead you with regard to what has happened. I would be minded thus to take court proceedings for the sum of £300. I think that the court would be sympathetic to your plight and award you the sum owed. Happy to discuss and please rate 4 or 5 stars.

ivorylounge and 2 other Law Specialists are ready to help you
Customer: replied 8 days ago.
Thank you very much for your help. I shall go ahead with the proceedings and complete the necessary form. If I need to come back to you for additional help, I shall definitely do so. Many thanks, ***** *****
Customer: replied 8 days ago.
Very helpful in confirming my situation is a legal one that it is my favour. I didn't need to switch to a live phone call at this present moment in time, but it is definitely a good idea and one that I may take up in the future. Definitely recommended.

My pleasure