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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 69192
Experience:  Qualified Solicitor
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I left 2 guitars at a music shop for them to sell and deduct

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I left 2 guitars at a music shop for them to sell and deduct some commission. After some months I went into the shop to ask how the sale was going and the person in the shop tells me the business has changed hands and they have moved on and taken my guitars with them and that is the end of the matter.I seem to have had my goods stolen from me.thanks.
Assistant: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I haven't spoke to any one yet.I live in England.
Assistant: What steps have you taken so far?
Customer: I managed to get the address of the new business.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 7 months ago.
Ok

When did you leave them and how long were they with the previous owners?

also, is the business trading under the same name at the new address?

Customer: replied 7 months ago.
The guitars were left at the shop September 2018.the shop was closed for some months for refurbishment. When I went back in October 2019 when the shop reopened that's when I was told of the news.
Customer: replied 7 months ago.
No its a different name.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. If the business has changed hands and they have simply vacated the premises and moved on, you cannot hold the current occupiers responsible and would have to pursue the party which took your guitars in the first place. The issue is whether you have any details about them or how easy it would be to locate them.

In any event you do have rights and can pursue them for the return of the items, or at least compensation to cover their value. So you would have to locate them somehow before you can take this further as you would need their address to send the claim form to.

If you can find them, then once a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Also, be aware that the police will probably not get involved in this as they will see it as a civil matter so do not put too much hope in them.

Does this answer your query?

Customer: replied 7 months ago.
thank you very much.

All the best

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