Boots returned, gone missing and no refund

Always_Harassed

I bought a pair of leather boots for my DD from Bina, a shop within Petticoat Lane. The full sole came off the first time she wore them so we returned them to the shop. He was quite aggressive towards us so we agreed that he would have them repaired and sent to us. When they failed to arrived I phoned and wrote over a period of time. He told me they had been lost and he would send a refund. The next time my daughter went to London she went to the shop and he basically told her to sue him. We don't stay in London and he has basically ignored any phonecalls or letters. A similar case at home saw the retailer charged with theft as he had taken the goods and not returned them or refunded any payment.

What is the best way to follow this us. The law in Scotland operates differently so I am nor sure how to proceed but I feel that this nasty man needs to find out that he cannot treat people like this.

Thanks for any help

arcon5

Send a Letter Before Action.

As far as i'm aware you can still file a claim at moneyclaim.gov

Danfuss

The shop retailer is a 'Bailee' in these circumstances and bailment carries strict liability. Broadly speaking, a Bailee must (1) return the goods on demand - the failure to do so may give rise to a claim in conversion (a variety of theft)- and it is generally no defence to say that he has lost the goods; (2) is liable for damage to the goods while in his possession.

As arcon5 says, a letter before action could be sent to the retailer and there are templates for this on the web - search on "letter before action example" and the Trading Standards site has good examples.

Hope this helps.

wealdroam

Danfuss wrote: »

...a letter before action could be sent to the retailer and there are templates for this on the web - search on "letter before action example" and the Trading Standards site has good examples.

There are links to sample LBAs and to the Money Claim Online website in this post.

Always_Harassed

Template opened and ready to complete. Thanks for your help.