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9/22/2017 12:11:25 AM
Posted: 8/9/2005 10:36:42 AM EDT
Can any one tell me where i stand with this.

I bought a second hand conversion kit for my rifle from a shop, i paid for it there and then and got my receipt ( payed with thanks ) but i had to wait till my rfd picked it up because it wasnt on my ticket yet, that was last week.

Today my rfd goes to the shop to pick up the said item and was told by the guy in the shop that the man who was selling the item had changed his mind so they gave him the kit back.

Is it just me or is this not right surley the item was mine the second i paid for it ?

i need to call the shop tomorrow, and i just wondered if i had a good case to argue with and what would be my best way of going about it.

Cheers guys

Steve.
Link Posted: 8/9/2005 11:21:24 AM EDT
Link Posted: 8/9/2005 11:21:33 AM EDT
The dealer should've told the previous owner " I'm sorry it's been sold" and given him your money.
That would have been the right thing to do. And by law, I'm sure that you have the right to the item However, when it comes to firearms...it's a different matter as you can not purchase (even by placing a deposit) controlled items that you don't have the authority for. I assume you were going to apply for the slot later, otherwise you would've picked it up there and then, right?

So therefore all you can do is call the dealer and his friend a pair of gits and never deal with him again.


That's my opinion

Mark
Link Posted: 8/9/2005 11:24:08 AM EDT
Link Posted: 8/9/2005 11:29:48 AM EDT
It's still a shitty thing to do.

Clayo..Name the dealer

Mark
Link Posted: 8/9/2005 11:38:42 AM EDT
I have the forms filled in here for a 1 for 1 swap so i could put the kit on my ticket, the dealer is CENTERVINE or the formby gun shop as it sometimes known.

Surely when the guy gave it to the shop to sell he shopuld have infomed the police to remove it from his ticket ?
Link Posted: 8/9/2005 11:45:54 AM EDT

Originally Posted By streetfighter:
The dealer should've told the previous owner " I'm sorry it's been sold" and given him your money.
That would have been the right thing to do. And by law, I'm sure that you have the right to the item However, when it comes to firearms...it's a different matter as you can not purchase (even by placing a deposit) controlled items that you don't have the authority for. I assume you were going to apply for the slot later, otherwise you would've picked it up there and then, right?

So therefore all you can do is call the dealer and his friend a pair of gits and never deal with him again.


That's my opinion

Mark



Now I'm definitely no legal expert, but I thought that you CAN purchase (even by placing a deposit) controlled items that you don't have the authority for, but you CANNOT take possession until you do have authority.

Either way, you do have various laws on your side. It sounds like you have the following ooptions:
1/ sue the dealer for not supplying said item
2/ get your money back and then flip him the bird
3/ go postal

I suggest option 2.
Link Posted: 8/9/2005 12:00:22 PM EDT

Originally Posted By limey1:

Either way, you do have various laws on your side. It sounds like you have the following ooptions:
1/ sue the dealer for not supplying said item
2/ get your money back and then flip him the bird
3/ go postal

I suggest option 2.



He'll pay the money back no questions asked but where will i get a .22 conversion kit for my AR for £85 again, i've seen a bargain slip through my fingers and i aint to pleased about it
Link Posted: 8/9/2005 12:32:28 PM EDT

Now I'm definitely no legal expert, but I thought that you CAN purchase (even by placing a deposit) controlled items that you don't have the authority for, but you CANNOT take possession until you do have authority.



I was led to believe that you can not buy something that you don't have the authority for.
You might be right and I might be mistaken though. Maybe someone else knows better.
It might be for non-FAC holders though.

Anyway, it doesn't sound like there's a lot you can do except get your money back

Mark
Link Posted: 8/9/2005 12:41:35 PM EDT

Originally Posted By clayo:
He'll pay the money back no questions asked but where will i get a .22 conversion kit for my AR for £85 again, i've seen a bargain slip through my fingers and i aint to pleased about it



Understandibly pissed off.
But you've got to face facts - that £85 conv kit is no longer available. The only way open for you to get what you paid for is to instigate legal proceedings against the dealer. Thats gonna be a world of hurt


Take the £85, buy a complete 22 rifle and rejoice in not having to clean all that 22 crap out of your AR
Link Posted: 8/9/2005 12:54:30 PM EDT
[Last Edit: 8/9/2005 12:54:55 PM EDT by streetfighter]

Originally Posted By clayo:
I have the forms filled in here for a 1 for 1 swap so i could put the kit on my ticket, the dealer is CENTERVINE or the formby gun shop as it sometimes known.

Surely when the guy gave it to the shop to sell he should have infomed the police to remove it from his ticket ?




Just because you have the forms filled in doesn't mean you have the authority, so no, you couldn't put it on your ticket.
I was just speaking to a friend coincidentally, who's local gunshop is Centervine and he says the owner is a pretty good guy. Looks like he just slipped up on this one by not wanting to upset the owner.
Doesn't help you though.

As for the last part about him informing the police, I guess it is just a matter of timing

Mark
Link Posted: 8/9/2005 9:56:02 PM EDT
Cheers guys

I'm ganna call the shop today and let off one hell of a rant, i know it wont help me, but ill feel a hell of a lot better for it.

Streetfighter, i know the 2 guys in the shop are good guys, i bought my shotgun there and i get alot of my ammo there, but that aint helpin me much.

So now thats thats over, does anyone have a secondhand or know where i can get a new conversion kit for my AR ?

Steve.
Link Posted: 8/10/2005 12:15:45 AM EDT
Link Posted: 8/10/2005 12:56:15 AM EDT
That seems very reasonable for Fat Bob.

Cieners are good too.
Link Posted: 8/10/2005 1:06:05 AM EDT

Originally Posted By clayo:
Can any one tell me where i stand with this.

I bought a second hand conversion kit for my rifle from a shop, i paid for it there and then and got my receipt ( payed with thanks ) but i had to wait till my rfd picked it up because it wasnt on my ticket yet, that was last week.

Today my rfd goes to the shop to pick up the said item and was told by the guy in the shop that the man who was selling the item had changed his mind so they gave him the kit back.

Is it just me or is this not right surley the item was mine the second i paid for it ?

i need to call the shop tomorrow, and i just wondered if i had a good case to argue with and what would be my best way of going about it.

Cheers guys

Steve.





surley the item was mine the second i paid for it ?


Yes, but where's your authority to possess? The biggest problem here is that you cannot buy the item without it being on your licence.

You cannot even put a deposit on a firearm unless you have the 'slot'. It becomes possession in the eyes of the law and you won't have the lawful authority. There is case law about this and if you're interested I'll dig up the reference. Possession doesn't always mean 'having it in your hand', but in these cases it means having legal claim to the item - or some such words. I'll look it up if you really want.

However you could have paid a returnable fee for the dealer to not sell the item, then you are not buy the item but buying a service from the dealer.

This does not excuse the dealer's rather bad practice and if it was any other item apart from a firearm (or perhaps a house) then I'd say it was not only bad practice but possibly illegal as well, as you've already entered into a contract.

But how far can you go? You broke the law and the result could be the revokation of your FAC (at the least), the dealer would get a slap on the wrist from Trading Standards. Leave it, get your money back and don't use him again.

If you want a Ceiner, IM me.
Link Posted: 8/10/2005 8:01:28 AM EDT
IT'S ALL O.K. ( CALM DOWN EVERYBODY, PANIC OVER !! )

I called the shop today ready to have a rant ,and before i got my knickers in a twist the guy explained that in order to keep all partys happy he was going to give the guy his kit back and that he'd ordered a new kit from southern gun for me at no extra cost

£85 for a new kit will do me just fine.

Cheers for all the help chaps

Steve.

P.s. i called firearms to see what was what, and you were right, you cant even put a deposit on an item till you have it on your slot. ( so i have'nt )

Link Posted: 8/10/2005 1:25:15 PM EDT

Originally Posted By clayo:


£85 for a new kit will do me just fine.

Cheers for all the help chaps

Steve.

P.s. i called firearms to see what was what, and you were right, you cant even put a deposit on an item till you have it on your slot. ( so i have'nt )




Nice deal. Bet you're glad you didn't manage to get into full rant mode.

As far as the deposit goes, pay the dealer 'not to sell it'. You're buying a service then not the item itself.

Buy a book called GUN LAW by Sandys-Winsch, published by Shaw & Sons (6th Edition). It covers all the relevant facts except the stupid BACS laws, everything incl. any amendments upto 1999.
ISBN 0 7219 0364 9
Link Posted: 8/10/2005 1:31:44 PM EDT
Cheers Matt

I'll look into that could come in usefull.

Is all still going to plan with my rifle, cant wit to get me hands on it .

Cheers

Steve.
Link Posted: 8/10/2005 1:33:49 PM EDT

Originally Posted By clayo:
IT'S ALL O.K. ( CALM DOWN EVERYBODY, PANIC OVER !! )

I called the shop today ready to have a rant ,and before i got my knickers in a twist the guy explained that in order to keep all partys happy he was going to give the guy his kit back and that he'd ordered a new kit from southern gun for me at no extra cost

£85 for a new kit will do me just fine.

Cheers for all the help chaps

Steve.

P.s. i called firearms to see what was what, and you were right, you cant even put a deposit on an item till you have it on your slot. ( so i have'nt )





Steve looks like you had a result and the Dealer came good for you. We need more like him. He's probably loosing/breaking even on this deal for you. You are happy, he kept you happy and thus you'll shop there again. Make a point now of praising this Dealer and if there's a link to his website let us all have a look.

Cheers

Taffy


PS I want one now at that price....will you have a word for me?...
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