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

unholyangel

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

Doesnt matter if they sold or not, its 6 years. The 6 year rule applies to all claims founded on tort or simple contract in england and he had 6 years to claim for the return of the guns or their value.

http://www.legislation.gov.uk/ukpga/1980/58/section/5

Time limit for actions founded on simple contract.
An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

Which department would he be requesting to be paid?

TrickyDicky101

My father has a Firearms certificate and I'm pretty sure that any transactions in weapons needs to be recorded on the certificate itself (this doesn't - or didn't back in the 80s - apply to blackpowder weaponry or shotguns but you mention target shooting so I assume these aren't either of these). So what has happened to your father's certificate? If you have it from the time the guns were handed over does it state anything about the hand-over?

System

Many thanks guys for all your replies! - I appreciate its a bit of a strange situation and rest assured I have already told my dad hes an idiot for not chasing it up after all these years!

zoob's post was basically the argument and reasoning I had for chasing up this transaction. I know I'm no expert, but I have been doing some research and the limitation act states that: "the the time period doesn't begin until a breach of contract" (paraphrased) - so on that basis, until he (my father) has been informed of the sale of the guns the contract hasn't been broken and that the 6 year rule hasn't been set in motion yet?

I do 100% agree with stuartJo1989 though, its time to start applying a bit of pressure, I am planning on going into the shop some time next week and asking them where the sale is up to, and if they have had any interest in the guns recently.

TrickyDicky101, Good thinking! - have asked my father to have a route through his documents for his expired firearms certificate - hes doesn't think has it anymore however, he did say the same thing about the receipt so we may be lucky enough that it turns up!

Once again, thanks for all the replies!
Rob

unholyangel

StumpyRob wrote: »

Many thanks guys for all your replies! - I appreciate its a bit of a strange situation and rest assured I have already told my dad hes an idiot for not chasing it up after all these years!

zoob's post was basically the argument and reasoning I had for chasing up this transaction. I know I'm no expert, but I have been doing some research and the limitation act states that: "the the time period doesn't begin until a breach of contract" (paraphrased) - so on that basis, until he (my father) has been informed of the sale of the guns the contract hasn't been broken and that the 6 year rule hasn't been set in motion yet?

I do 100% agree with stuartJo1989 though, its time to start applying a bit of pressure, I am planning on going into the shop some time next week and asking them where the sale is up to, and if they have had any interest in the guns recently.

TrickyDicky101, Good thinking! - have asked my father to have a route through his documents for his expired firearms certificate - hes doesn't think has it anymore however, he did say the same thing about the receipt so we may be lucky enough that it turns up!

Once again, thanks for all the replies!
Rob

The cause of action arises regardless of whether he knew. The limitation period in scottish law requires awareness (or at least, when you should have been aware with reasonable diligence) but the limitation period in england & wales does not. Cause of action is defined as the time every fact needed to prove the claim had occurred. In other words, when everything had happened that would give him a claim against them.

stuartJo1989

StumpyRob wrote: »

"the the time period doesn't begin until a breach of contract" (paraphrased) - so on that basis, until he (my father) has been informed of the sale of the guns the contract hasn't been broken and that the 6 year rule hasn't been set in motion yet?

I see where you are coming from.

But the way I see it, the gun should have been sold (or returned) within a *reasonable timeframe*. I think that's implied in this sort of sale.

I think that the contract was broken at some point when the time they had held the item/money for became "unreasonable". That could be, for example, 6 months maybe?

ssparks2003

From a practical perspective I assume that 18 years ago your father must have signed the rifle over to the shop. From his FAC to their dealers licence? With that and the exceptionally long time that this has dragged on I can see them saying that your father has already been paid. It will be down to your father to prove he has not been paid. Personally I would give this up as you are not going to get far if they say no.

lincroft1710

Does the receipt specifically mention that the guns are entrusted to the gunsmith for him to sell on behalf of your father and are there any written terms and conditions on or attached to the receipt.

arcon5

Not a chance of anything now! To verify your claim that he was never paid would be near impossible... How far do banking records even go back?? Even if still available they'd be needing to make formal requests then scroll through tons of paperwork based on when the payment was most likely to be paid as they are unlikely to still have internal records of payments made.


Move on you've got no chance. Legally also it's a no go