Urgent Advice Needed

[Tashie026]

Hi, I have recently gone to a lady (The Frock Swap Shop), who said she would sell my used wedding dress and mother of the bride outfit. She said that she would be able to sell both outfits for £200 each of which I would get a £100 profit for each item sold.

 

I have no learnt she is closing down the business. I have tried contacting her to arrange to get my two items back, however she either doesn't respond for a few days and when she eventually responds just fobs me off.

 

Where do I stand legally with getting my stuff back?

 

Can someone please help/advise.

 

Many thanks

[Conniff]

Hi Tashie and welcome.

 

The Frock Swap Shop has never been registered at Companies House and I notice on the website there is only a mobile number.

 

She is now saying

 

"

IT IS WITH MUCH REGRET THAT I HAVE TO ANNOUNCE I AM CLOSING THE BUSINESS DOWN WITH IMMEDIATE EFFECT

I SHALL BE CONTACTING EVERYONE WHO HAS ITEMS IN THE SHOP TO ARRANGE THEIR RETURN

AND ALSO TO ARRANGE PAYMENT OF ANY MONIES DUE

THANK YOU TO THOSE WHO SUPPORTED THE VENTURE

PLEASE DO NOT CONTACT ANYONE OTHER THAN MYSELF TO SORT OUT YOUR RETURNS THANK YOU"

 

Have you got her personal address? if not, the registered address is:

 

Registrant's address:

100 Alexandra road

Plymouth

Devon

PL2 3BU

 

Do you have her name? (Don't post it here if you do)

 

Have you visited the shop on the Barbican ?

[Tashie026]

Thanks for your reply. Yes I do have her name. I have visited the shop and it was not open. The landlord of the shop said that he could not open the shop to give me my two items (even with a receipt and photos of the items), as my dealings have to be with her.

 

What do you think my next plan of action should be. She has a business site on Facebook, and has said she will be in contact with people to sort out their items, but I think she is just stringing us along.

 

Kind regards

 

Tasha

[Conniff]

The owner was right, he would have no authority to let you take anything from the shop.

 

Does the address you have match up with the one I posted? If so, write using recorded delivery asking when you can expect the return of your dresses. This first letter can be a pleasant request but the next one will depend on her response.

 

Be careful of posting on Facebook especially anything that could offend as she might just start ignoring you completely. I would personally totally ignore Facebook but keep your eye on anything that is said there and even print it.

[Tashie026]

I didn't have an address, but I know thats the location where she is from. With the recorded delivery letter, should I put a photocopy of the invoice I have along with photos of the two items? Yes I will take your advice on facebook.

 

Many thanks for all the advice.

 

Tasha

[Conniff]

I take it there is some sort of name to the gowns, (I'm male, I haven't a clue) so keep your eye on ebay to see it they are put on there. Are you familiar with ebay and how it works?

 

By all means enclose a copy of the invoice. Has she written on there her expected £200 for each?

[Tashie026]

Yes its a Romantica of Devon Wedding Dress. Yes I buy/sell on e bay sometimes, so thats a good idea to keep a look on there. Yes she has written the expected sale amounts for each item. If I get no response from the letter, what should be my action then? my friend said I should go round to her house and try and sort it out face to face. Another friend suggested taking her to the small claims court. I dont want to much hassle really just my items back. The landlord did tell me that she has sold some peoples items and not yet paid them their money, so hopefully my items are still in her possession.

[Conniff]

Either log in or put your postcode in and select Nearest First and that should help pinpoint if it comes up.

 

You should give her in the letter 7 days to respond before thinking of anything else. I'm not sure a personal confrontation is a good thing, they can always be out or it can blow up into something nasty.

 

Court will come after you have done the protocol of the letters. You can do it on line so it's no hassle to you, but don't jump the gun on that as the courts like to see there has been an attempt to settle before they are used.

 

Romantica of Devon, how appropriate.

[Tashie026]

OK. Thanks for all your advice it has been really helpful. If have to go down the court route does it cost me anything? will I need a solicitor?

 

Many thanks

[Conniff]

This would be straight forward and no solicitor would be needed. There would be the upfront court fees around £50 which you claim back as part of your claim.

 

https://www.moneyclaim.gov.uk/web/mcol/welcome Have a read in case you should need it in the future, hopefully you wont and she is just a bit slow.

 

Using Money Claim Online

 

Up to £300 = £25

 

£300 - £500 = £35

 

£500 - £1,000 = £60

Edited November 22, 2012 by Conniff

[Tashie026]

If she does not reply to the first letter, should I then send a second letter saying that if she does not respond I will have no choice but to take legal action or should I just fill out the paperwork?

[Conniff]

The second letter would be virtually the same as the first but headed in bold 'Letter Before Action' and mentioning the court fees that will bump it up.

 

Is there anything on paper to say how much she was going to give you?

 

Edited to say - Oops you said earlier she has put amounts on paper, that is good as it will make your claim straightforward should it get that far.

Edited November 22, 2012 by Conniff
Added text

[Tashie026]

Ok thanks. I will compose a letter tomorrow and let you know how I get on. Many thanks for all your help. Tasha

[Conniff]

Yes please Tasha, keep us updated.