Tricky situation - thoughts?

[Mike Hill]

This is a hard one.

 

If its not too far away just go and knock on the door after sending another registered letter.

 

If you wait too long you run the risk of loosing your property. I have had a client pass away after doing work for them. I was finally paid but it was a struggle.Likewise I lent an expensive instument to a man who died and I lost the item because the family just got a house clearance company to clear out his workshop. I was keeping " a respectfull distance".

[agg221]

3 minutes ago, Mike Hill said:

This is a hard one.

 

If its not too far away just go and knock on the door after sending another registered letter.

 

If you wait too long you run the risk of loosing your property. I have had a client pass away after doing work for them. I was finally paid but it was a struggle.Likewise I lent an expensive instument to a man who died and I lost the item because the family just got a house clearance company to clear out his workshop. I was keeping " a respectfull distance".

Its a couple of hours drive which is a bit far to chance whether she is in or not, but it might come to that. I am tending towards the solicitor route as it makes it hard to deny or ignore, and lodges a claim against the estate in the event that she does dispose of it.

 

I have lost out before - I swapped about £500 worth of timber for the welding repairs to my Land Rover chassis. Someone I knew very well and completely trusted but he got pneumonia and died two months later. That one was not in anyone's control but I feel this one is different somehow.

 

ALec

[Sutton]

35 minutes ago, agg221 said:

I won't be writing it off. Partly because it is several thousand pounds worth, partly because of the principle - mine was one of many and if she/the estate takes them that would be theft of something between £50k and £100k of other people's watches.

 

I would like to talk to the administrator but she isn't answering the phone. That leaves me with the option of writing (which she could equally ignore), doorstepping her which doesn't seem like the right thing under the circumstances, or formalising it through a solicitor. The solicitor route, whilst potentially expensive, is worth it under the circumstances I think.

 

Alec

You've used a solicitor before? Get quotes for letters & chase ups and a plan on stages over a time period before instructing.

[chopperpete]

Maybe contact your local citizens advice.. they usually have a retired solicitor or two, who could advise/or have a list of recommended solicitors???

[nepia]

Morning Alec; hope you're well.

 

It is awkward but by no means a unique situation.  In your shoes I think I'd determine what I could myself re the probate position but you may have done that already.

Given the value of the watch - it's not a vintage Swatch is it! -  I don't think anyone would have a problem with you putting the matter in the hands of solicitors but you'd need to keep an eye on them too of course!

 

Nothing new there but another vote for the solicitor avenue which does afford you the benefit of being seen to be doing things with full propriety

 

 

Jon

[ABtrees]

Morning.  

This is always difficult but ....... you need to recover your property.

In my limited experience, any talk of solicitors and administrators may be premature.  It kind of assumes the chap had a valid will - he may not have done.  In any event his widow (assuming they were married) may not have had any experience of dealing with death and the estate and there could be other people involved (anywhere from helping sort stuff out to have taken complete charge of it - formally appointed or otherwise). 

Whether or not there is a valid will might change the route, people involved and type of probate granted (but as Stubby says that could be weeks/ months down the road).  You have said he was self employed but was there a Ltd. company because that will change things as well - quick search on his name at companies house ( Find and update company information - GOV.UK (company-information.service.gov.uk ).   

 

The problem is you don't know what is going on or how far they have got (imagine 20 or 30 unlabelled 'work in progress' watches on his bench).  In order to apply for probate they will have to value the estate and the danger is they confuse your watch as being part of that.  Hopefully you have a picture of it ?  My next best course of action would be to send (recorded delivery) her a letter (and the picture) and ask her to clearly and positively identify your watch and confirm that she still has it in her possession.  Take a copy of this (photograph & everything going in (to) the envelope!).  Sorry to trouble her but (covering letter) .....  "maybe YOU have a buyer interested (!!!) and don't want to lose the sale" sketch - so could she get back to (ideally call) you as soon as possible (within a week).  As soon as she does so, go and pick it up.  If she doesn't at all (maybe 2 weeks) then approach the solicitors.

 

Good luck

AB

[Rob D]

Have read through all the posts - it's a hard one but I don't like the 'feel' of it. Asking for £10-00 to return your watch - then having received it not taking any action [ie. even if to call and say 'look I don't feel comfortable sending this can you come and collect it please'].

 

I think you have already acted respectfully throughout this and given the widow plenty of time and distance to respond and I'd now go down the solicitors route to get something in writing that shows you have a claim.

 

I know this will cost money but you are pretty much out of alternatives. Knocking the door could be a very awkward and embarrassing situation which will cost you a fair amount of time and also [likely] still not get your watch back.

 

If the watch is worth £4k you could allocate £600 to £1k towards solicitor fees. That way you then did your best and it won't be a nagging worry that keeps coming in and out of your mind. You'll either get it back - or you won't - but you can move on either way.

 

 

 

 

 

[Squaredy]

One point which has not been mentioned is: How easily can the watch be identified by independent people who are not experts?  And secondly do you have proof not only that you sent your watch to the deceased man, but of your ownership of the watch?

 

If the watch is in bits it could be even more difficult, but assuming it is whole it may just be part of a shop or business  contents that the executors of the estate have to dispose of.  Hopefully they have paperwork linking each watch to an owner, but this may be difficult for the executor to work out unless they know the man's methods.

 

Assuming you do have good evidence of your ownership and ideally a receipt from the business I would hand it over to a solicitor.  The estate of the deceased man may not be using a solicitor (you don't have to) but there is a very good chance they are, and then they will just sort it out solicitor to solicitor, which should be much the best for you and the widow.

[AHPP]

Dear Mrs Watchmender,

You have my [specific watch]. You promised to post it to me on [date]. I sent the postage money on [date].

I really do sympathise for your loss but I want my watch back. Please post it in the next fortnight or contact me if there’s a problem. If I don’t receive it or hear from you, I’ll come and collect it. I reiterate my condolences and look forward to not having to take any more of your time.

Yours sincerely,

agg221

 

If she doesn’t post it, follow through. 10:00 Saturday knock, no flowers, wife and kids making tea on a gas stove at the back of the car.

 

I’d say enough time has passed for the above to be acceptable form. Or from an alternative view of human interaction, I’m sure she was able to pull herself together enough to cash his life insurance.

 

Lawyers are for properly last resort, adversarial situations. They’ll sense decency and accordingly skin you for “proper” letters.

 

 

[Tommy_B]

Just out of interest, what is the watch?