Any solicitors/ legal advisors?

[Griff]

This sound like a really horrible and hopefully extremely RARE case of a problem with an RFD / seller of firearms. I gather that a month of waiting is nearly over but I guess things might continue moving at the start of the new year (2012 that is) Good luck!!

[artiglio]

The EJO have again written to various bodies requesting further information, I'm going to chase it up again middle of January, but in all likelihood this is going to be a longlong process. Frustrating when the only thing you can do is chase up an government body that is trying to help you, but in doing so too often run the risk of alienating yourself with them. But the matter will pursued as far as legally possible. I'll post updates as and when anything happens.

Regards phil

[Porcupine]

Firstly you have to try and settle the dispute yourself. I suggest you have your RFD write a signed letter attesting that in their opinion the barrels are shot out, and also sign a photograph of the barrels to prove they are talking about the same barrels you are. If you could get a comparison shot of the bore of the shot out barrels next to the bore of a new barrel that would be great too. Make sure to save the original listing and emails specifying that they are new. Compile all of this into a kind of packet of evidence and send it to the seller with a letter from yourself explaining your issue and what is enclosed, and that you wish to resolve it. You might want to specify a particular sum of reimbursement that you think covers the lesser condition of the barrels and let him refuse or counter offer. Or you might want to suggest he says what he thinks would be reasonable and then potentially counter off (though he might refuse even that). Send this with signed-for delivery so you can prove he received the letter, and specify that you will expect his response within a certain (more than reasonable) time frame.

If he plays ball then hopefully you can come to an agreement on compensation - and there are mediation services that can act as a neutral third party to help things along so you might suggest such a service. If he refuses or ignores you or makes only ludicrous offers like 99p then make sure to keep sending letters to try and get an agreement. After several tries, then you can go to the courts.

If the value is less than £5,000, as I assume it is, then this will be a small claim. You can initiate this in any court but it will be held at the defendant's local court. You can use a government service called MoneyClaimOnline which is easier, quicker and cheaper, or you can fill in a paper form and deliver it or post it to a court (you need to give the court two copies, and should keep a third for yourself - you can print it off or collect one from a court). You should include any relevant documents you are using as evidence. If you like or if there is not room on the form, you can write the details of your case on an attached piece of paper.

There is a fee for making a claim, which varies from £25 to £120 depending on the value of the claim, which is always cheaper if you use MoneyClaimOnline.

The claim will then be served to the defendant, though you can ask to serve it yourself which might be best since you can then send it by signed-for delivery. If the defendant does not respond within 14 days, you can ask the court to order him to pay up. He may choose not to defend the case and simply pay you. If he does defend the case then the court will send you both details of how the case is to be dealt with i.e. when and where and what you need to do. They may ask you to send any necessary documents to the court. You can show video in court if you like, but you will need to arrange this with the court in advance.

You can ask for the case to be rescheduled if necessary, but this incurs a fee. If you do not want to attend because of prohibitive distance, travel costs etc you can ask the case to be heard in your absence. If the case is straight forward then this should not be too big a problem. You will go to the hearing (or send everything in and have it held in your absence) and the court will rule, probably in your favour if what you say is true.

To prepare your case make sure you have every relevant document and piece of evidence. All emails, receipts, bank or credit card statements showing payment, photographs, letters from RFDs etc. You will also want to bring the barrels themselves, and if you could bring along new barrels to show the court that would be even better! The court (or you) might want an RFD (or more than one, the more the better) to come and stand as a witness (he could bring new barrels if you don't have any you can bring). A witness summons can be issued so he can't get time off work. You can have someone attend the hearing with you for advice etc if you want.

In outlining your case when you complete the claim form and in giving evidence to the court remember that the magistrate probably knows nothing about rifle barrels so make sure you explain what the issue is in ways a layman can understand. Also make sure any RFDs who write you a letter or give evidence for you explain their experience and credentials. You will want to make it clear that the barrels are worthless (RFD can attest to this) and have a range of retail prices for new barrels of this kind so that the court knows your exact claim is reasonable.

The case sounds simple so you shouldn't need legal advice but if you do then you might be able to get it for free from a charity or if your income is low or you have some sort of financial hardship.

Good luck!

As for barrel proofing: It is not illegal to import or possess unproofed barrels in the UK but it is illegal to sell or export unproofed barrels. So you are in the clear yourself, but he has broken the law by selling them to you. I don't know what the law in Ireland is. Many countries do not have proofing requirements, but equally lots do.

[Trident]

Porcupine - suggest you read from the start of this thread..................

[Porcupine]

My bad! I didn't notice multiple pages :lol:

[Christel]

I have removed the two last posts in this thread because they mentioned a name.

[artiglio]

Evening ladies and gents,


Apparently the gent named has claimed it was a slanderous statement and in pursuit of a peaceful life the posts were removed. No problem , gives the topic a free bump to top.
I wonder if he sees the contradiction of a hiding behind the law over a matter of non compliance with the law.
Should anyone still be in doubt to his identity, feel free to message me with your email address and I'll give you a couple of clues.

All the best phil

[Sandgroper]

I wonder if he sees the contradiction of a hiding behind the law over a matter of non compliance with the law.

No probably, not.

ATB and I really hope your perseverence pays off.

[Sim G]

Well, strictly speaking, it would be libel and not slander.....

That said, was anything posted untrue? Does this individuals name not appear on court record? That record is in the public domain. Likewise, was he not found against in that court? Again, public record.

Delete posts? Run his name in a banner across every page, I say!!!

[M99]

Perhaps Gaz could write up the "facts" in his section for all to see - he is after all a journalist and he will be just reporting the facts? - worth sending him a PM

Mike