Any solicitors/ legal advisors?

[ovenpaa]

This bit may be your saviour as I believe it is illegal to supply unproofed guns/barrels at all - anywhere.

I agree, I thought it was legal to build and shoot your own unproofed but not to sell it without proof.

[Chuck]

You cannot sell unless proofed, that also applies to foreign proof marks that do not comply with UK spec....

Have you tried trading standards, cheapest way first, I am sure they are in NI as well as the UK. Seems that there is some fraudulent misrepresentation if these were sold as NEW. At best there is reckless misrepresentation, making a claim without a care as to accuracy of same.

I assume you are in England, the county court can give you advice on Small Claims in the county cpourt, you can do it yourself, thatb is the beauty of small claims. http://www.hmcourts-service.gov.uk/info ... /index.htm

First thing you MUST do is write recdorded delivery detailing your complaint and the action you expecvt (refund or whatever) give suitable time for reply, 10 days is ample.Stipulate this in your letter. State that you have a copy of the advert (I hope so) and that should he fail to respond then you will seek redresss via small claims action.. It is possible for a small claims action to be raised in ENGLAND against someone in Scotland so I do not see why you cannot do same to him, he would have to argue that English court has no jurisdiction if you are successful if he wants to avoid a wee trip to England -although he CAN make his pitch over the phone to the judge when the case is heard.

Getting a court order is only the start, you would then have to enforce it. Depending on the amount owed you may be quicker, if he is a limikted company to look at a Stautory Demand for Payment. I don't think companies can get time to pay orders like individuals can. If the RFD is an individual then you are suing HIM and as such a decree (CCCJ) would not look too good on his file...If the amount is enough then get a decree and look at making him bankrupt by using a stat demand if you want to.

Whatever, make sure that you do everything in writing by recorded delivery, and if he does not reply, write and say so, again it is all good if it goes legal.

Chuck

PS forget CAB, they will run a mile if you mention guns and they are only well meaning part timers who will tell you pretty much what you are being told by various members here, if you are lucky... Trading Stanbdards, NOT Consumer Direct is best and cheapest first way.

[Robin128]

I kid you not...talk to his FEO.

[Chuck]

And that of course Rob, but he may say it is a civil matter, no harm in trying - or threatening if you want to write first. Put that in the list of people you WILL contact!

[artiglio]

Rob and Chuck,

Thanks boys, I'll get onto the NI firearms people next week , I've done the letter and tried emails and phone calls all to no avail with the man.

The problem I have is the court system, I cannot use the money claim on line system in uk, and if I use the northern Irish system I'll have to attend there if the claim is contested.

As regards a small claim through my local county court ,I cannot get a definitive answer as to wether I can lodge acclaim against a NI resident from an English court. I've spoken to the NI enforcement office who tell me if I get a ccj against the man it can be transferred to NI jurisdiction, though obtaining payment there is more complicated than here.

It will probably be easiest to lodge the claim and see how the legal system treats it, probably cheaper than all the phone calls I've already made.

Cheers phil

[ovenpaa]

So no way of resolving this with the seller then? :(

[artiglio]

So no way of resolving this with the seller then? :(

He won't answer,letters,emails,texts,phone calls . Caught him out ,and got him to answer phone and as soon as he knew who it was hung up.

I previously contacted someone he knew and they got him to contact me, at which point he accused me of sneaking behind his back and being of poor character. At this point I was only trying to sort out the proofing issue. The daft thing is , had he paid up for the proofs, I'd have had the rifle proofed and left remaining barrels until they were needed, and if I was busy at work this may have been a year or more down the line at which point it would have been too late.

The disappointing thing is that until now I've found the shooting community to be nothing but friendly and helpful, and walked straight into the clutches of a rogue.

C'est la vie

Going out now for a couple of beers

Regards phil

[ovenpaa]

Time to move to the next step then, it sounds like you have given him every chance. There are some very good people in the shooting community as well and I hope it works out for you and please do keep the thread going, I for one would be very interested to hear how you get on with this person.

[Robin128]

And that of course Rob, but he may say it is a civil matter, no harm in trying - or threatening if you want to write first. Put that in the list of people you WILL contact!

No Chuck...RFD can loose his licence over anything moody...fact.

David, the next step is the FEO...indicate to the RFD that is what you are doing and he will see sense.

Or mess around in the law courts representing oneself...a well trodden path...to disaster.

[Sim G]

My advice, go through the yellow pages and select a local solicitor that specialises in business law. Make an appointment for 30 minutes and spend 60 quid getting the answers.

From personal experience, civil litigation is a nightmare, especially when you want the answers. Even with the "resources" at my finger tips, I couldn't get the answers. I found council, spent the 60 quid, they explained it all to me in a lot less than 30 minutes, told me how to do it, then offered to do it for 240 pounds......

Apart from an outstanding Savage .223, that 300 quid was the best I'd spent in a long, long time!