TiN Posted July 2, 2007 Share Posted July 2, 2007 Short version: I bought a piano from a local shop a couple of years ago, and he seemed a nice chap, and everything was good. Then we moved, and decided to sell the piano, so I contacted this guy to see if he had anyone interested, or wanted to buy the piano back. I was trusting (read: STUPID) enough to watch him take the piano away, and leave it with him to sell. As time went by, I called him to check up on the status etc, and eventually he said that someone was interested, and a sale was being done etc... This dragged on for ages, with excuses that the buyer left a deposit, but kept delaying with picking it up (and thus the final payment), and then it finally sold. Woo hoo. Or so I thought. It then took lots of chasing to see where my money was...and then the piano guy mentioned that his business was closing down, and he would do his best to scrape the money etc. Of course, it became near-impossible to contact him at this point, and he was never at his shop. He would occasionally leave messages to keep things dragging on, but always leave me hanging. Now, it's been a fair few months since I last tried to contact him, but now the money would be useful. I was never well-off enough forget about the money before, but I had enough other crap to contend with, that I just didn't have the energy to stress over this. I have tried to contact the CAB, but since they're run by volunteers (who I'm sure do a great job), it's been very difficult to really get anything out of them. Any suggestions/advice? Cheers, Tin Quote Link to comment Share on other sites More sharing options...
jonathan73 Posted July 2, 2007 Share Posted July 2, 2007 So, he generally STOLE it right? Treat is as theft??? Quote Link to comment Share on other sites More sharing options...
lomoto Posted July 2, 2007 Share Posted July 2, 2007 if he has genuinely gone bankcrupt , your chances are very slim to realise any cash.. The tax man , vat man , banks and any employees are first in line for any residual monies.. In practice the poor old punter gets nothing Quote Link to comment Share on other sites More sharing options...
TiN Posted July 2, 2007 Author Share Posted July 2, 2007 if he has genuinely gone bankcrupt , your chances are very slim to realise any cash.. Yeah, I really should have put "allegedly" gone bankrupt, because I have no facts about it...and his website is still up and running etc... I'm gonna try to sneak away from my desk in a moment to call him. I just feel like such a lemon for not asking for at least some kind of receipt or proof that he took it away... Cheers, Tin Quote Link to comment Share on other sites More sharing options...
Jacko Posted July 2, 2007 Share Posted July 2, 2007 Yeah, I really should have put "allegedly" gone bankrupt, because I have no facts about it...and his website is still up and running etc... Is his shop still there? You could "allegedly" tell him that if he doesn't get the money back to you then you'll "allegedly" burn down said shop, or "allegedly" break his legs? Quote Link to comment Share on other sites More sharing options...
TiN Posted July 2, 2007 Author Share Posted July 2, 2007 Yeah, I really should have put "allegedly" gone bankrupt, because I have no facts about it...and his website is still up and running etc... Is his shop still there? You could "allegedly" tell him that if he doesn't get the money back to you then you'll "allegedly" burn down said shop, or "allegedly" break his legs? Not sure, but I did a WHOIS on his website, and got a residential address...but directory enquiries (the online one anyway) doesn't have his number. Not looking into the terrorising/bullying route (he's a blind old man), but I just want him to know that I'm serious. Cheers, Tin Quote Link to comment Share on other sites More sharing options...
Jacko Posted July 2, 2007 Share Posted July 2, 2007 Yeah, I really should have put "allegedly" gone bankrupt, because I have no facts about it...and his website is still up and running etc... Is his shop still there? You could "allegedly" tell him that if he doesn't get the money back to you then you'll "allegedly" burn down said shop, or "allegedly" break his legs? Not sure, but I did a WHOIS on his website, and got a residential address...but directory enquiries (the online one anyway) doesn't have his number. Not looking into the terrorising/bullying route (he's a blind old man), but I just want him to know that I'm serious. Cheers, Tin Fair enough. Bit harder to threaten someone who is blind and old...... You could try company house couldn't you to get his address anyway?? If the business is registered to there etc? Dunno for sure, I'm not an expert in this..... And then at least you could have a face to face conversation without him dodging you...... Quote Link to comment Share on other sites More sharing options...
martinmac Posted July 2, 2007 Share Posted July 2, 2007 Phone him up as someone else and ask if he still has the piano. Arrange viewing. Point out its legally yours. Stick it under your arm and run. Or something like that. Would have thought that as it isnt his stock you could get it back although things are rarely that simple. Best of luck. Quote Link to comment Share on other sites More sharing options...
jonathan73 Posted July 2, 2007 Share Posted July 2, 2007 It may seem a little harsh - and I generally have a lot of 'empathy' for the blind ; but..... at leas the won't see who dunnit! Quote Link to comment Share on other sites More sharing options...
TiN Posted July 2, 2007 Author Share Posted July 2, 2007 Fair enough. Bit harder to threaten someone who is blind and old...... You could try company house couldn't you to get his address anyway?? If the business is registered to there etc? Dunno for sure, I'm not an expert in this..... And then at least you could have a face to face conversation without him dodging you...... I don't think that he's a registered company, so his details won't be there... Not really looking to make any threats or inflict any harm (officer ), but just want him to know that I'm serious about getting my money back...and was just wondering if you guys knew if I had a legal leg to stand on...? Cheers, Tin Quote Link to comment Share on other sites More sharing options...
Jacko Posted July 2, 2007 Share Posted July 2, 2007 Sure some of our more sensible members will be along later..... Maybe Chris or Digsy might have a view...... Quote Link to comment Share on other sites More sharing options...
nixy Posted July 2, 2007 Share Posted July 2, 2007 do you know if your piano is still in his possession? If he has sold it and if he has gone bankrupt then you've got very little chance. Quote Link to comment Share on other sites More sharing options...
sl114 Posted July 2, 2007 Share Posted July 2, 2007 WHo cares if he is blind, deaf, dumb or anything else for that matter. At the end of the day he has your property so i suggest you go and get it back. If he has gone bankrupt and you can prove that is your piano, you can get it back off the bank too as they are only allowed to seize goods that belong to him and the company. Quote Link to comment Share on other sites More sharing options...
H5 Posted July 2, 2007 Share Posted July 2, 2007 WHo cares if he is blind, deaf, dumb or anything else for that matter. At the end of the day he has your property so i suggest you go and get it back. If he has gone bankrupt and you can prove that is your piano, you can get it back off the bank too as they are only allowed to seize goods that belong to him and the company. Equal rights in the work place now. Labour and Europe said so! Of course you can let him know you're serious, you can't play on a disability. Advise him that without the money you will be coming to collect goods to the value of. You have the receipt when you bought it? Does he have a receipt saying he paid for it? Quote Link to comment Share on other sites More sharing options...
Dan Posted July 2, 2007 Share Posted July 2, 2007 My first course of action would be to go in person to his shop and simply take it, assuming it's still there. Otherwise get a Solicitor on his back straight away. It may even be worth talking to the Police and your local Trading Standards office. If he is/was a limited company and has gone into liquidation you will struggle to get anything out of him. Good luck mate. Quote Link to comment Share on other sites More sharing options...
Guest prescience Posted July 2, 2007 Share Posted July 2, 2007 My first course of action would be to go in person to his shop and simply take it, assuming it's still there. Otherwise get a Solicitor on his back straight away. It may even be worth talking to the Police and your local Trading Standards office. If he is/was a limited company and has gone into liquidation you will struggle to get anything out of him. Good luck mate. The first 2 points both assume (if you wish to stay within the law) that some paperwork exists describing the Contract i.e. that you passed it over to him for sale. Otherwise, possession is 9/10ths etc. If he's bankrupt a noted above, you'll be at the bottom of a big heap of creditors. +1 on the good luck Quote Link to comment Share on other sites More sharing options...
Digsy Posted July 2, 2007 Share Posted July 2, 2007 What's this piano worth then? This is certainly not my area of practice so I speak not as a lawyer but I agree with those who have suggested that you first port of call is to pay him a visit. No threats but I certainly would cut him no slack simply because he has disabilities. If you can prove that you own the piano (original purchase receipt) then should you have no joy I would consider issuing County Court proceedings against him in the Small Claims Track (on the presumption that we are talking under £5k). You would not get your legal costs back even if successful so unless the piano was worth a lot I would not instruct a solicitor (not economic) but the Small Claims Track is designed so you can run your own claim without the need for solicitors. The CAB are normally quite capable of providing sufficient advice to help you through it. If he isn't trading as a limited company then its harder to ascertain his financial status but iirc there is a site which will tell you if he's bankrupt if you do a search. If he is, forget it and chalk it down to experience. A visit may help you ascertain if he is likely to be good for the money if you do sue him - there's no point getting a judgement against a man of straw, although you could stop him getting credit if you felt vindictive. Bear in mind though he may own his own house and you could get a charging order against it. Quote Link to comment Share on other sites More sharing options...
nixy Posted July 2, 2007 Share Posted July 2, 2007 kidnap his dog. (sorry.................) Quote Link to comment Share on other sites More sharing options...
sinbad Posted July 2, 2007 Share Posted July 2, 2007 kidnap his dog. (sorry.................) He's single! Quote Link to comment Share on other sites More sharing options...
TiN Posted July 4, 2007 Author Share Posted July 4, 2007 Cheers for the advice. The piano was "only" worth £1000, so I doubt I'd be involving solicitors (although a mate of mine recently qualified in some area of law, so might try getting something out of him ). Quote Link to comment Share on other sites More sharing options...
Trev-the-Rev Posted July 4, 2007 Share Posted July 4, 2007 I doubt I'd be involving solicitors (although a mate of mine recently qualified in some area of law, so might try getting something out of him ). Free advice from a lawyer? You'll be lucky Quote Link to comment Share on other sites More sharing options...
Digsy Posted July 4, 2007 Share Posted July 4, 2007 I doubt I'd be involving solicitors (although a mate of mine recently qualified in some area of law, so might try getting something out of him ). Free advice from a lawyer? You'll be lucky He's just had some you cheeky sod! Quote Link to comment Share on other sites More sharing options...
Trev-the-Rev Posted July 4, 2007 Share Posted July 4, 2007 I doubt I'd be involving solicitors (although a mate of mine recently qualified in some area of law, so might try getting something out of him ). Free advice from a lawyer? You'll be lucky He's just had some you cheeky sod! Yes but was it worth having? Quote Link to comment Share on other sites More sharing options...
Digsy Posted July 4, 2007 Share Posted July 4, 2007 I doubt I'd be involving solicitors (although a mate of mine recently qualified in some area of law, so might try getting something out of him ). Free advice from a lawyer? You'll be lucky He's just had some you cheeky sod! Yes but was it worth having? Probably not. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.