Claiming for the none payment of a firearm ...18 years ago!

Legacy_user · 10 January 2018 at 5:00PM

Hi - long time forum reader, but this is my first post.
I'm hoping somebody in the know will be able to help me.

I have recently taken up target shooting as a hobby, something my father did many moons ago.
During a recent conversation with him he mentioned that his old firearms were handed into a local gunsmith (I wont mention who they are at the moment) to be sold on his behalf. Something must have jogged his memory at the time because he realized that he has never had any contact from the company since he handed them over to be sold - 18 YEARS AGO! (I must also add at this point that my father has lived at the same address for over 25 years and his phone number hasn't changed)

I told him that he should chase it up and see if he can find his sale receipt - after a day or so of searching there is was in all its glory! - date, time, makes, models, firearm serial numbers and even a signature of the person who accepted the guns.

I had a quick google of the company and they are still trading (also checked Companies House). I tried contacting the company in question via email, letter and as a last resort Facebook and I have just been ignored.

I am sure that records must be kept of guns but I think they're only for 5 years. The chances of these guns being still in the shop are very slim, I am guessing they have been sold on or destroyed the thing is though, is that allowed without my fathers permission?

I know the whole story sounds ridiculous, but it wasn't until we got onto the conversation that he remembered about them.

We had a look online and we have valued the guns in total at an approximate cost of £1200 - not crazy money I know, but its money illegitimately withheld from him (providing they have actually been sold).

Would he have any chance in court or claiming or should he just give up now?

Any help would be appreciated.

Rob

Supersonos · 10 January 2018 at 5:04PM

StumpyRob wrote: »

Would he have any chance in court or claiming

After 18 years? No.

LilElvis · 10 January 2018 at 5:34PM

Your Dad had 6 years to chase this up.

stuartJo1989 · 10 January 2018 at 5:36PM

StumpyRob wrote: »

I had a quick google of the company and they are still trading (also checked Companies House). I tried contacting the company in question via email, letter and as a last resort Facebook and I have just been ignored.

Seriously, this is something that you need to show some sort of physical presence and put some heat on the shop owners (ring them or go to this "local" store in person).

Aside from them admitting liability, you'll probably struggle to get any sort of resolution through the courts for the following reasons:

- You typically only get up to 6 years as a window to approach the courts (potentially longer if you spent a good portion of the time critically ill, as in on your death bed or in a coma etc)

- I'm not very knowledgeable, but I believe that companies must only hold data for a reasonable time frame and not hold it when unnecessary. So yea, very likely that there is now no record (aside from your receipt).

- Prove that your dad didn't receive the money for it (maybe even in cash) sometime but has just completely forgotten about it (speculative line of inquiry, but memory can fade quite a lot over 18 years).

agrinnall · 10 January 2018 at 5:38PM

While the debt still exists there is no way to enforce payment after 6 years. Your only hope is if the company does respond and agrees that they never made the payment and will do it now, but don't hold your breath!

cookie365 · 10 January 2018 at 10:02PM

If your dad had forgotten about handing over the guns, how do you know he hadn't also forgotten about getting paid for them?

hollydays · 10 January 2018 at 10:04PM

^^^^^
This

zoob · 10 January 2018 at 11:22PM

Personally I’d call into the shop with the reciept and ask them to return the guns as no one has made contact to say there sold and see what they say, doesnt matter how long ago it was, your father still owns the guns legally until there sold on his behalf.
If there sold he’s still due his money and there entitled to the commission that was agreed at that time.
Can’t see the 6year rule applying here as the retailer has never stated that they were sold, if he’d not being informed of this he’d not being able request dept to be paid

boo_star · 10 January 2018 at 11:46PM

zoob wrote: »

Personally I’d call into the shop with the reciept and ask them to return the guns as no one has made contact to say there sold and see what they say, doesnt matter how long ago it was, your father still owns the guns legally until there sold on his behalf.
If there sold he’s still due his money and there entitled to the commission that was agreed at that time.
Can’t see the 6year rule applying here as the retailer has never stated that they were sold, if he’d not being informed of this he’d not being able request dept to be paid

They can simply say “we sold them” and the father would have no comeback due to the limitation act.

stuartJo1989 · 10 January 2018 at 11:59PM

zoob wrote: »

Personally I’d call into the shop with the reciept and ask them to return the guns as no one has made contact to say there sold and see what they say, doesnt matter how long ago it was, your father still owns the guns legally until there sold on his behalf.
If there sold he’s still due his money and there entitled to the commission that was agreed at that time.
Can’t see the 6year rule applying here as the retailer has never stated that they were sold, if he’d not being informed of this he’d not being able request dept to be paid

I mirror your thoughts on going into the shop! OP needs to make some waves, not fire off a letter or email.

But I don't mirror your comment RE: the 6 year rule to be honest...

You say "the retailer has never stated that they were sold", but with respect maybe they have?! Maybe OP's dad's memory is hazy? Maybe the receipt/letter confirming sale has been lost?

Unless OP's dad has been on his deathbed for the past 10 years (or in a coma, but even then I'm just guessing!) then he has no legal recourse... Even if he does theoretically own the gun or is entitled to the money.

zoob · 11 January 2018 at 12:51AM

I’m asumming the OP’s father hasent being told the guns are sold and forgot to check.
Once it’s confirmed and established if the guns are sold that theres a dept owed to the OP’s father only at that point he has 6 years to claim it before its statute barred, if the retailer has made contact to say the guns are sold in the last 18 years but the father never chased it up then it’s his loss if he’d not chased it up within 6 years

Claiming for the none payment of a firearm ...18 years ago!

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