Recovery of goods from lapsed sole trader.

[diydave]

Hello, I am looking for some advice on recovering goods from a sole trader who ceased trading whilst in possession of my goods.

I sent a laptop computer to a repair firm in Blackpool called Simple Repairs last September. They diagnosed the problem and quoted a price for the repair, requiring up front payment for parts specific to my computer.

Repairs were duly completed but 'additional problems' were detected. I declined to have these attended to and requested return of the computer in its current state which the trader agreed to. Return was delayed because the original repair allegedly failed "Quality Control", needing further attention. This was in early October. At the end of October I was notified by email that the firm had ceased trading but that my computer would be returned to me in its current state once recovered from a subcontractor. This is the last I have heard. A letter was ignored and a susequent recorded delivery letter returned as undeliverable.

Blackpool trading standards are aware of the status of the firm but unaware of any recovery issues or processes.

My question is... Is this now a criminal offence, the computer having been stolen? Or is it still a civil matter which I could only pursue through small claims for recovery of the good and the monies paid.

Hoping you can tell me where I stand and the best way to proceed from here.

Thanks.
diydave

[nemesis45]

Re: Recovery of goods from lapsed sole trader.

Good afternoon welcome to LB,

The liquidators of the defunct trader should recover any items that had been sent to the subcontractor.
Was the company limited?

I don't think there is any theft here from what you say.
A county court claim may not achieve any remedy as I suspect there would be little
in the way of assets or funds available to pay a judgement even if the company had
not gone bust.

I would think finding the subcontractor might achieve more.

nem

[Amethyst]

Re: Recovery of goods from lapsed sole trader.

I believe the police will consider it to be a civil matter.

This the address?
58 Old Church Road, St. Leonards-On-Sea, United Kingdom, TN38 9HB
That company was just struck off in Sept 2014 as there were no accounts at all filed ever so no liquidator etc.

So there was no Ltd company when you contracted with them - which means suing them is fine regardless of whether they are trading. If not that address i can't see a Simple Repairs Ltd so was it just a sole trader ?

[diydave]

Re: Recovery of goods from lapsed sole trader.

Thanks for the responses. As I said in the OP, this is a sole trader (called Andrew Dayman) trading as Simple Retail, including Simple Repairs, based in Blackpool, not St Leonards. He just ceased trading in October 2015, no company or liquidator involved and has illegally retained my computer (hence theft?). His web site has now gone down and he does not repond to any communication so finding out who/where the subcontractor is, is not possible. Blackpool TS seem to think he still lives at the address he used to trade from but won't say any more.
His failure to keep his promise to return the laptop rather leads me to suspect that a Small Claims action would be ignored, leaving me no further on, just more out of pocket.
Regards

[charitynjw]

Re: Recovery of goods from lapsed sole trader.

http://website.informer.com/Andrew+Dayman.html

http://www.searchelectoralroll.co.uk...YMAN&fa=NN39UN

[R0b]

Re: Recovery of goods from lapsed sole trader.

Might I suggest you do a land registry search against the property he is supposedly living at? The cost of the search is £3 so it's a minimal amount and will allow you to establish who owns the property whether or not he resides there.

If the property is in his name then you know you'll probably have a good chance. If you issue a claim and then gain judgment you could then enforce it through high court enforcement officers, who will then show up at the address without notice and seize any goods to pay for the outstanding debt.

Of course it will involve a small sum of money to go through this process but the choice is inevitably yours.

[Openlaw15]

Re: Recovery of goods from lapsed sole trader.

Is there even a sub contractor or this just fobbing you off. If there is an intention to permanently deprive, it could be theft. There is no doubt here as to ownership. There has been no attempt to return the 'property' since Septmeber 2015, and the person has resisted contact. 'Intention', and or 'intention to 'permanently deprive' could made out too on your facts. You informed the business that you wanted the product returned immediately. Why couldn't you have picked the goods up at the time? If there is an investigation of theft and the magistrates court deals with it, the property is more likely to be returned to you or the damages for losses. It doesn't matter where the person is living whether he lives there or moved somewhere else, the police could easily locate him and take action. Trading standards can't really help and more to the point, won't. I think the police would have to investigate this as a criminal matter as the elements of theft could be made out on the facts. The person may well have a defence but it does not look like the op is going to get his laptop back anytime soon. If it is the case that the subcontractor does have possession the former sole trader will tell the police this and get the laptop back that way, by giving their name and address.

Quality Control, if this was a lie to keep your computer, this could be fraud.

[diydave]

Re: Recovery of goods from lapsed sole trader.

Rob. Thanks, good idea if I go down the small claims route. My priority at present is to recover the computer.

Charity. Website informer got him in one! The electoral role info could be most useful if he's flitted from Blackpool! Many thanks.

Openlaw15. The reason I didn't collect is because he offered to courier the item foc (as he did when he collected originally) and its a long way from Stirling to Blackpool! I don't get the impression he intended to deprive me of the item from the outset but he has signally failed to return it and refused to discuss options.
Interestingly the local Lancashire Constabulary seem to take a dim view of his activities and have requested a formal statement via Police Scotland who are to come and see me next week. If they feel his collar, I might at least find out exactly where my laptop is.
Many thanks for your input. Its just not right that he can walk away scot free like this.

Regards
diydave