Folksy Ltd

What do you suggest I do about this


(Pauline Hayward) #1

Back in June last year I was approached by someone on Facebook asking me if I wanted to sell my items in what I thought was going to be some sort of shop. I took some items down to let her see what I had to offer. The shop was nowhere finished at that time so didn’t know what it was going to be like. she asked if she could keep what I’d taken for when she opens in August. I agreed to do that purely because I didn’t feel like driving back again so soon. I got her to sign a type of inventory of stock. August came and there was no sign of this shop been opened, so I emailed the owner almost into September, to be told they were late in opening.
Later in the year (Between Christmas & New Year) I emailed her to tell her to say that I would be coming down early in 2015 to collect what hadn’t sold. Anyway I managed to get down this Monday just gone to the shop? (Turns out its a Creche) only to find there were 4 items missing and no sign of payment. Her manager was looking after the place that day so she couldn’t tell me anything. When I got home I emailed the owner to ask her about the missing items. I gave her 48 hours to reply, but she didn’t so I re-sent the email yesterday. Still no reply up to this afternoon, so I phoned her, what a shock answering machine. Still waiting but not sure what my next step is. The goods didn’t come to great value but it’s the principal of the matter. I left them in her hands and as far as I’m concerned she needs to pay up.


(Sara Leigh Thornton) #2

Write a letter, recorded delivery, with an invoice for what you are owed in missing stock. She has misrepresented her business to you, and it’s possible she will also lie to get out of paying, but I think the next stap needs to be a letter / invoice giving her a deadline for paying. Good luck.


(Pauline Hayward) #3

That’s a good idea. I’ll give her today to call me back and then I shall send her the invoice. As I said its not a fortune she owes me but that doesn’t matter.


(Eileens Craft Studio) #4

Oh my Pauline that’s just not on.

How much would you be charging for the items where they to go into your shop front as that’s the amount you should be sending her an invoice for if she’s not going to turn them.

I would send her an email and if you have her home address a registered letter hard copy of your email. Stating as she has been not forthcoming in keeping you informed and clearly your items are not in the ‘shop’ she showed you. You require the return of said items or payment for the sum of…by (insert date) otherwise you will have no regress other than to fill a claim with the small claims court.

This you can do online and there’s a small fee.

All the best Pauline.


(Pauline Hayward) #5

It’s not worth going down the route of a small claims but I suppose if I tell her that it might frighten her into paying up. Unfortunately I only have the shop address, so she could easily discard a letter as there are a few people who work there and she could deny it been signed for.
I shall try an invoice first like @DandelionsGallery mentioned.


(Eileens Craft Studio) #6

Pauline if needs be there are ways to get people’s addresses. You know her name and you know the business ie Creche. The Creche will have to be registered so you’ll be able to get the name and address of the owner.

Also if she lives in local area of the Creche you can look up her name on the local census this can be found online or in the local records office. You could even try doing a google search on her name inconjection with her town. This information might even be available on her face book page.


(Pauline Hayward) #7

That will be my next steps then. Many thanks for the info and help.


(Silvapagan) #8

Technically, it’s theft, so if the letter doesn’t work, try the police.


(iamHayley) #9

So sorry this has happened to you, I hate dishonesty.

Try ofstead, a crèche will have to be registered as all childcare providers have a requirement to these days for inspection.

Good luck x


(Oh Button Me) #10

That is awful some people just have no care for others items they have taken so much care to make.
Shortly if they are a small business they would know the importance of being honest and paying/getting payed.
Maby it’s just me living in a dream world where everyone is honest.


(Leslie Morton) #11

Pauline, I am sorry to hear that you have been defrauded. It is always disappointing when someone you trust acts in an unlawful and hurtful manner. I hope your loss was a small one, however there may be a way to learn from this unfortunate situation.

Did you have a signed letter of agreement or contract that detailed what each other’s responsibilities are? I have inventory in a few shops but in each case there is a document that spells out what is to happen to sales, inventory and liability.

Without this, it would be very difficult to take any legal action. To succeed you would most likely require an executed contract to show that she was in default. Unfortunately, the inventory list that she signed, if it did not have the terms and conditions clearly stated, is only evidence that she received the goods and not the disposition.

I know it sometimes feels like a waste of time but it is important to make sure that whenever you enter into a transaction that it is fully documented. Even when you may classify your actions as a casual situation, we artists who sell our creations must put our business hat on our head.

It this was so, it would be much easier to recover this type of loss. If you were unable to receive satisfaction you would at least have a tangible deduction for the loss on your tax return

Again, I am very sorry that this has happened but please ensure you mitigate your losses in the future. Good luck and good sales,

Regards,
Leslie

PS If you would like a copy of a comprehensive consignment or sales agreement, please email me and I would be happy to provide you with one.


(Pauline Hayward) #12

Thank you @ManiacalMosaics the amount was very small fortunately. I signed something but not sure she did too. I’ll have to dig the copy out and have a look at it.


(Leslie Morton) #13

You’re very welcome!
Kind regards,
Leslie


(Pauline Hayward) #14

Update on my missing stock. I sent a recorded delivery letter on Monday and it was signed for on Tuesday. I received an email from owner of shop and she reckons she’s found 2 of my items so far and say’s if she can’t find the others then she’ll pay up. So I’m waiting now to see if I either get my money or the goods turn up at my house.


(Eileens Craft Studio) #15

That’s better news Pauline but don’t let her drag it out and string you along.

All the best, I hope you receive a package of items/money etc in the next 7 days.


(Pauline Hayward) #16

Oh I won’t @EileensCraftStudio don’t worry.