Civil or Criminal...?

[Mugsy]

Some eighteen months ago I entered into an agreement with a person to complete some work (painting two locomotives and touching up some other items) for me and to supply me with an O Gauge Heljan Class 37 locomotive (with buffer beam conversion).

 

I saw the Class 37...it did exist in his residence.

 

For this work I supplied him with two new boxed O gauge locomotives valued at about 725 Pounds. Subsequently I picked up the painting jobs but was told that he accidently fried the main circuit board of the Class 37 and that he would send it onto me.

 

On December 8 2009 he said he gave it to a courier placing outfit (who would place it with the cheapest courier). I have never received the locomotive to this date. Several months later he said he made an Insurance claim.

Weeks later he said he received the cheque and would purchase another Heljan Class 37. A new class 37 was purchased (so he said) and the conversion work would be completed and delivered to my Sister. You guessed right, many excuses (lies)

later...there has been no sign of the Class 37.

 

My question is..do I have sufficient evidence to go to the Police or is this a Civil matter? He has certainly deceived me.... is it a fraudulent act?

 

Apparently this individual has form for dishonest activity involving several collectors/modellers.

[Andy Y]

I'm sorry to hear of your misfortunes.

 

Assuming you've exhausted all other avenues to get the goods returned I would give serious consideration to the 'criminal' option. Given the fact that you've been strung along ,which indicates that the person isn't exactly trustworthy, I would suggest contacting the police with all of the evidence that you have for any payments made, contracts made etc.

 

Please drop me a PM if you wish; if the identity of the person is known to me I may be able to offer further advice.

[jamie92208]

As a retired and slight;ly cynical police officer I would give the following advice. Dishonesty is hard concept to prove and it has to be shown that the initial act was done dishonestly. Often someone makes an honeest mistake then getsinto a pickle covering the matter up. This means that most police officers would be very reluctant to get involved in this sort of case. They generally steer well clear of anything that can be construed as a civil matter. I wouldn't hold out any hope of fast and positive action by the police.

 

Practically i would suggest the following avenues.

 

1. Go through the small claims court to sue him, this is a fairly cheap and easy route and can have very good results.

 

2. If you are a member of the Gauge O Guild, contact their trade liaison officer for advice. Many traders sign up to the Guild's code of pratice. However this area of builders/painters of kits has obviously been a contentious one over the years and there are some very good practical tips in the code of practice.

 

3. Contact the loacl trading standards for the area where the gentleman lives.

 

4. Slightly more devious, ask him if the Inland Revenue are aware of his trading activities.

 

 

Jamie

[Kris]

Is this now a case of fraud or theft, as the person in question has not returned an item?

[28XX]

Rozzers of my acquaintance agree, civil is your best course of action.

[pitbull1845]

When I first read this my immediate thoughts are civil. Can you prove he didn't post it? or make an insurance claim?

[br2975]

Experience tells me that this wouldn't pass the CPS 'threshold test'.

.

I think civil proceedings are your best approach.

 

Brian R

[Pinkmouse]

Contract to supply services - civil. Get all the forms for the small claims court, fill them in, then photocopy them and send him the copies. If he is made aware of pending court action, and all the issues involved, such as the trashing of his credit score, then you may well get the result you want without any court involvement.

[Andy Y]

Before we get too deep into this I'm going to temporarily lock this topic pending further information and consideration. My spidey senses are twitching.

[Andy Y]

Following further investigations I can advise readers of the following:

 

The OP has known the person he is accusing for a number of years.

The OP has visited the accused several times (evidence has appeared on these pages over the years).

The OP would have known of the criminal actions taken against the accused ahead of the 18 month timeline mentioned.

The OP has previously complained to me over 3 years ago claiming losses.

The OP used the site to criticise me for identifying the accused; 27 months ago.

 

This looks like a case of hunting with the hounds having run around with the hare.

 

I feel it is only fair to make this information available to contributors who were giving assistance in good faith. The OP has had sufficient good advice and should now be left to determine his own action as he sees fit.