I sold 270 jewellery pieces to shop. Now threatening with small claims.

[dx100uk]

Urm . 

 

I wonder if he cleaned the items with something he should not have before putting them on display or up for sale?

 

I bet he did , from memory I think I have used one of these cleaners by mistake that did that 

 

Dx

[mrk1]

As I have stated to him zillion times. Stainless steel chains do not go black and trinkets that are 10, 20, 50 years old do not suddenly go black 2 weeks after being sold to someone. 
Also you may have noticed in that text onslaught I have asked for pictures of said chain now 17 times. And he still can’t send it. 
Madness. 

 

He’s still messaging me. 
 

“My apologies, however I work 7 days a week and this matter is of concern to me. If I don’t receive a refund tomorrow by 4pm I will employ a trace agent to find out where you reside in order to facilitate my claim should you fail to co operate. 
The cost of the trace will of course be added to my claim. 
Please exercise common sense .” 

 

Can he even do this? 

[FTMDave]

No, he can't.  His contract with you is for your goods.  Any money he wastes on traces or solicitors is his own concern.

 

You need to stop corresponding with him now.  He's just trying it on.  He's such a great businessman that he didn't even take your details!

 

On 1 January you send your Letter of Claim.

 

 

 

 

[dx100uk]

if he wants to waste his money yes he can...

 

not that they can do a lot anyway. other than costing him money.

 

 

 

 

[mrk1]

Ok thanks Dave and DX. 

So will a trace agent find my address and give it him it not? 
 

And yes on 1st I’ll be sending LOC. 

 

I’ll

not reply back to any message as as you say I think it’s just feeding into his fear machine. Which is the se if a match box. 

[FTMDave]

It's by no means certain that he will really use a trace agent.  He could well be full of bluff and bluster.  I've met many such types.

 

If he does, then trace agents aren't miracle workers.  It depends on how much information the spiv is able to give the trace agent.  "A bloke called Mrk" came in isn't much info.

[mrk1]

I sent him an invoice. But all it has on my details was 

 

KKC 

SOLE TRADER. 

 

The only info he has is my mobile, bank account details and maybe my bank name which looks like ‘Mr G Williams’ (not my actual name) and mobile number and email. Is that enough to go on. 

[dx100uk]

No.

 

Dx

[mrk1]

Really? Well that’s good news then I guess.  
I hope you are correct. 
 

I guess these tracers would go on things like council tax info and clearly at least first name. He has none. I don’t pay council tax as it’s all

inc in rent.  

[dx100uk]

Credit file mainly if they have a consumer credit licence.

 

Dx

[mrk1]

So they can get addresses? 

[mrk1]

I am buzzing now.

 

On Friday, I put my mobile number in Google and seen that an old facebook account come up, as I set it up as a business page, and from that my nick name was also visible,

 

I tried to log into that facebook account but it's 10 years old and I don't know the email. 

 

I then put my nick name in google and my linked in profile come up, and right in the main google search was "my name, managing director of [company]" And that company is on companies house, and on companies house is my proper name.

 

   (Sorry, 'my nickname' is a proper name, just a change of middle name to front name etc)

 

 I had to go into linked in and change all the name and delete all the work..

 

I tried to delete it but figured that would not vanish as quick as a name change, I know how google spider bots work you see.

 

And today if you put my 'nickname' in nothing comes up. So was just in case he did use a tracer.

 

As this guy laid down his law and said "if you don't pay me back by friday (gone) I will get a tracer to find you blah blah.... 

 

I messaged him Friday 4pm and said I will come in Monday morning...

 

I did not say what I intended to do, obviously, I could have just gone in to browse and buy something

 

now I just hope with the info he has: BANK ACCOUNT DETAILS, MR J JONES (not my name but set out like this),  MOBILE NUMBER and that's it I think.

 

What do we think gang?

[FTMDave]

We've already said what to do.

 

1.  Stop communicating with him.

 

2.  On 2 January, the first working day after the deadline for payment, send a Letter of Claim.

 

You're well on the way to snatching defeat from the jaws of victory in what is a very simple case - he owes you £675 for which you have a a written agreement.

 

He's asked you to come in to collect your goods, so you say you're coming in - er, I wonder how he will try to spin that?  That's after offering him partial refunds, which he will spin as admitting the pieces were defective. 

 

You constantly say it's the last message, but then continue the messages, which just makes you look weak.

 

You will have to put your details on a Letter of Claim so I don't see the point in all this flurry to hide your name & address.

 

 

[mrk1]

The flurry was so he could not use a trace agent, and if he did the agent would have a hard time.

 

I did not state why I was going in, and I only messaged him again to buy myself 3 days whilst the google spider bots deleted my real name from linked in, which it did.

 

Had he paid the measly sum of £40 to some desperate trace agent on friday and said agent did his dirty and found my name and got my address then it would have been a headache having his pathetic letters or cases or even worse his heavy men come to my home.

 

I just find it bizarre how this practice is even legal, it's like something from the middle ages.

 

I have not said why I was going in, i have never said i agree with him, only if you are unhappy with one or 2 chains I will refund for them only. But yes I do agree with you on that.

[FTMDave]

It would be a good idea to draft your Letter of Claim for 2 January (presuming he misses his deadline for payment).

[mrk1]

Thanks. 
At this stage I’m wondering if yo just leave it. Take a loss. 
Do I want the stress of a court case? 
Thus guy is still emailing me, 9pm, 10pm at night. 
Telling me he’s going to send me a claim of what I owe him. It’s getting ridiculous. I’ve told him 30+ times to stop emailing and texting. 
I called 101 to put a complaint in and they are calling be back tomorrow to take a report and file a crime I think. 
My thinking is to just sack court case off. He’s thinking he can counter claim me. I’m quite busy with life in general and I can’t be bothered with all this. 
What should I do here. 

 

 

[unclebulgaria67]

Is it worth it financially to continue pursuing?

 

You think they are trying to con you out of money, but what if it turns out to be true that a lady was Injured by the chains, as the material was not good quality stainless steel, but included metals which are a known skin irritant?

 

 

 

 

[mrk1]

Very very unlikely. 
I had these chains for a year in storage before I sold them as completed chains.  No issues. 
He has simply changed his mind. 
 

He’s even threatening me with HMRC for some reason. End of the day I’m a member of the public who sold something to a business. Was I a sole trader? As well as this I am not vat registered. Just a member of jo public who sold something to a shop. So what does he think HMRC can do?

[unclebulgaria67]

Well if you have been earning by selling items and these could be seen as business sales, if you don't register with HMRC by 5th of October in the second year of trading (where self-employed earnings expected to exceed £1000 in a tax year), then any investigation could lead to a fine being applied.

 

What paper work do you have regarding quality of these items ?

[mrk1]

This was a one off sale. The value to be £1,350 but only half was paid. 
So you saying I’d need to be registered for good over £1000? 
I’m not a business. Just a joe public sole trader. 

[mrk1]

As it stands he’s only paid me £675 total. So it’s not gone over the £1000 yet. So no need to register? 

[honeybee13]

Are you likely to do more trading in the future?

 

HB

[mrk1]

No. This was a one off only. 
Im looking to set up a photography business soon and that will be registered. 
This was simply 270 chains laying around so I sold to a shop. 
Shouod I register anyway just in case? Just to fight fire with fire? 
Or call HMRC and explain in advance to save any headache of them inquiring about me?

[unclebulgaria67]

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Working for yourself - GOV.UK

WWW.GOV.UK

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What makes you self-employed, what counts as trading and what to do, including registering for Self Assessment

 

How would HMRC find you, when they don't have full name or address ? I think you said the person threatening to report you did not have your information.

 

Also HMRC receive large volumes of reports and have millions of items of work. Why would they be interested in such a relatively small business transaction? Very much doubt that any report would be looked into, unless you have been trading for awhile and you are already on the radar of authorities investigating issues raised.

[mrk1]

He has my bank details. First initial and surname and mobile and email. 
 

But as I said. This is a one time transaction. So far I’ve only made £675. So under the £1000. As well I’d still have 8 moths to register. 
 

It’s clear this person is trying to flex his muscle.