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    • What advice would you give about Amex. Should i set up a payment plan directly with them or wait until they contact me. I have not had any letters from amex for 1 year and NCO have only contacted me in the last few weeks. Many thanks for your help. Just to mention my only income is the state pension.
    • Okay. Thanks. Nice piece of research. You should come and volunteer for us a bit if you get fed up with your day job stop The recipient is clearly in a position of trust. I wonder if he is self-employed or an employee. Let's assume that all of the consumables/perishables which were included in the parcel are no longer available. That leaves you with the WMF cutlery set which is presumably what you really want. I'm wondering whether you should start to correspond with him directly by letter to his home and also copies to his work address. I think if you made it plain that you know all about him and where he is and that you are prepared to escalate this matter even to the point that his employers might discover what has happened, you could find that there would be an agreement whereby he would return what is left of your parcel to DHL. You could then take up the question of the value of the missing items – the loss of which can clearly be compensated by a pecuniary award – with DHL. You wouldn't be able to guarantee success – but you could have some fun – and we would help you. If it failed then you could still proceed against DHL as I've already described. An advantage is that this approach really wouldn't cost you very much other than some damage to your Karma – but I dare say you could find some interesting outlet for that. It seems fairly clear that this person has acted with intent to deprive you of these items. Does that give you enough of the – grudge factor – to pursue this?  
    • If it's with debt recovery, you can ignore them. As we've said, you only respond to a Letter Before Claim/Action.   HB
    • Sorry I didn't mean to come across like that. My bad.  I definitely appreciate the time.  I will go through it again, but I have no documentation, no yellow slips, no letters, nothing.. all binned... Because as far as I am aware, these people write their own laws, so I write my own too, just tell them to f off.  I will read over them all but not sure how trying to clear up some ntk slips now will do anything, it's all been passed to debt recovery, I think anyway, because I never answer unknown calls.  Anyway sorry I have gone on... Maybe we should close this here. 
    • Conversion is a tort – and references to it are contained in the Torts (Interference with Goods) Act. Generally speaking if you sue in contract or negligence then you wouldn't be getting your goods back. You would simply be getting financial compensation. That's the way the courts work. The basic premise is that everything can be compensated by a payment of money. When we deal with special values such as sentimental/expectation losses then you have to reassess. However, if you are simply concerned with the replacement value then we would simply be talking about money. The idea of suing in any kind of tort whether it is the tort of conversion or the tort of negligence is to put you back into the position that you would have been if the tort had never occurred. Returning you to your pre-incident position is generally considered to be putting you into that position in terms of monetary value. So if you run into someone's car and cause £500 with the damage – then you are entitled to recover £500 and that puts you into the position you would have been if the accident never occurred. If you suffer the loss of something that has a particular value to you which may not be of value to anyone else – then things get much more complicated – especially if you're suing  in contract or in negligence because generally speaking remedies are assessed on a replacement market value.  A sentimental item may be worth very little on the market and couldn't be replaced simply by finding out the going rate on eBay or in the shops, for instance. If you are  suing in conversion then the natural remedy to be awarded by the courts is an order for the return of the items. Of course you face additional complications if the items have been sold on or damaged. I have to say it seems to me that you are better off not having your German chocolates. There are much better ones around – but that  is a matter for you. Of course, everything I said in my much earlier post about the disadvantages of suing the actual recipient still stand and in fact if you did sue that person, it would be in the tort of conversion. Basically you would be saying that that person has usurped the rights of owner. They have converted your property into their's. (We talking about ownership/title here). I hope you understand how messy it would be to have to sue the alleged tortfeasor in Liverpool and if you are simply prepared to go with replacement values – even if we can enhance the value because of the special value to you, by suing DHL – how much easier it would be. It's good news that DHL apparently carry items up to €500 – and also good news that the value wasn't declared. This means that they would not be able later on to try and argue that because the original contract with the sender was based on a £200 declared value – or a £200 German statutory maximum, that you wouldn't be entitled to claim anything more. We would have been able to overcome that – and of course at the end of the day if they put their hands up to £200 then they would be really stupid to start putting their heels in for an extra £ton. Of course I'm sure that you would like to go for the recipient. It would be very satisfying – but there would be considerable risk factors in terms of the economic risk  I have explained in my earlier post. It's up to you. We will help you do either – but if you want a quick resolution to this then as I have already said, DHL is your target. Of course you could then hope that DHL will challenge the recipient and attack them – but that will never happen. DHL want a quiet life and just get on with business and making money – which isn't altogether unreasonable. If you sued the recipient, then if you are able to establish dishonesty on their part then they could be a question of punitive damages – but I would have to look that up. I think we would then have to think about suing that person in trespass which carries with it the sense of not only having usurped rights of owner but also having delivered an insult to the true owner by deliberately interfering with their goods. You would have to establish the dishonesty of the recipient which would be another complicating factor – although the fact that you have attempted to contact them and they haven't responded and they have blocked your messages will be extremely helpful. Also if it came to court and they had to admit that they had eaten your dog treats and fed your German chocolates to the dog, it wouldn't go down well and the judge would be disposed to award you some punitive damages – but it probably wouldn't be more than 300 or 400 quid, I would have thought – and of course at the end of the day you still have all the problems of enforcement. I'm afraid people often know lots about their rights and about how to assert their rights – but they never think about enforcing their rights. You will find this to be the case where the you go to Resolver, or citizens advice – or most other agencies.  
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Tashie026

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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

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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 ?

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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

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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.

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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

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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?

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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.

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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.

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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

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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 by Conniff

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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?

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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 by Conniff
Added text

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

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Yes please Tasha, keep us updated.

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