Selling on behalf of someone else

Mysteek

Not sure if this is the correct area for this but here goes!
OH collected die cast models for many years and was wanting to sell his collection. He found a guy who had a stall in the marketplace in our local shopping centre who sold models and he agreed to sell OH's collection for him, taking a small percentage of the selling price for himself. OH gave him a list of models to be sold and the price he would like for each one, and the guy wrote at the side of each one the fee he would like to take from each, which they both agreed upon. This was in December last year and quite a few of the items were sold as it was near to Christmas and OH received his money no problem. However, this year has been very slow and not much has been moving with regard to these models.


Although the guy has my OH's phone number we have heard nothing from him and when my OH went to see him today it appeared he had packed up and left the market. My OH phoned him and he said as trade was slow he couldn't afford the rent. He gave his address so OH could go and collect the items he hadn't sold (fair enough) but then said he would let him have the money he owed him when he had some money (hmm). He didn't give an amount but said he still had his list and it was all marked up what had been sold etc.


So it appears this guy has spent all the money he had received for OH's models, not just his fee. I think this is basically stealing as any monies received for the sale of these items less his fee belongs to my OH and not him. Am I correct in this or am I over reacting. Any comments would be gratefully received.

eddddy

It certainly sounds like the stallholder owes your OH money.

If the stallholder doesn't pay, your OH can make a claim through the small claims court - assuming your OH has sufficient evidence.

But does the stallholder have money or assets? If not, winning a judgement in court won't help much.


For this to be theft or fraud, there would need to be strong evidence of dishonest intent. e.g. The stallholder took your OH's models without any intention of ever paying the money he promised.

Undervalued

eddddy wrote: »

It certainly sounds like the stallholder owes your OH money.

If the stallholder doesn't pay, your OH can make a claim through the small claims court - assuming your OH has sufficient evidence.

But does the stallholder have money or assets? If not, winning a judgement in court won't help much.


For this to be theft or fraud, there would need to be strong evidence of dishonest intent. e.g. The stallholder took your OH's models without any intention of ever paying the money he promised.

Exactly. Even then it would probably be very difficult to get any action taken and even if it was it wouldn't directly help the OP in getting their money.

I would suggest recovering the unsold items as soon as possible and gently trying to get some written evidence of what has sold. I think the OP said the chap has a list? If so try to get a copy then maybe give a bit of time before considering a small claims action.