Topic: Ray Metcalfe ex Sweetbriar Gallery - contact details please!!

[cfosterk]

Dear All - has anyone got any contact details for Ray Metclafe?

I sent some weights to Ray on a sale or return basis over 2 years ago - those weights have found their way to Germany following the sale of Sweetbriars to paperweights24.com and one Ysart fish is now being sold via ebay without my permission!!

Numerous emails to Germany but always a 'holding' email - I'm really really annoyed!! I only want my weights back!!!

[cfosterk]

I should have said email me the details!! I don't want them posted on here - obviously!!

[Lustrousstone]

An address is here http://www.aboutus.org/SweetBriar.co.uk. I would imagine it is a personal address, as I know it's in the middle of nowhere, but he doesn't pop up on directory enquiries

And another one here, both addresses are within a couple of miles

http://www.do-business.net/Indexer/Company/Sweetbriar-Gallery-%28Paperweights%29-Ltd

and again

http://www.brownbook.net/business/1141803/sweetbriar-gallery-paperweights-ltd

The Church Street Frodsham address is not right though

Personally I think the first one is/was correct, as I remember thinking I could ring and pop in

[tropdevin]

Hi

Those addresses are out of date - Ray Metcalfe now lives in France.

Regards

Alan

[tropdevin]

Hi

There is an interesting issue regarding the 'sale' of weights in the situation described above. Maybe someone with legal knowledge can tell me whether my understanding (set out below) is correct under the law of England and Wales ( Sale of Goods Act 1979 and other relevant legislation), which would apply, for example, to the sale of Sweetbriar Gallery?

If weights are consigned by an owner (the original owner) for sale to a dealer (dealer 1), there will be a contract with dealer 1 (whether written or oral), and if dealer 1 'sells' them to someone else in accordance with that contract, then title can be transferred to the purchaser, and the purchaser owns them. Dealer 1 then owes the original owner whatever was agreed.

If dealer 1 transfers the items to another dealer (dealer 2) without the original owner's agreement, then there is no contract between the original owner and dealer 2, so dealer 2 cannot 'sell' the item, because title cannot transfer as there is no agreement to do so. So any 'sale' of the item by dealer 2 is illusory: the purchaser will have paid money for items that they cannot legally own, and the original owner can recover them. (Somewhat similar to the position with stolen goods: possession does not equate to ownership). The 'buyer' would have to recover the money that they had paid from dealer 2. It does not matter whether dealer 2 obtained the items 'in good faith' or not: title was not transferred to dealer 2 from the original owner unless dealer 2 bought the items in accordance with the terms of the contract between dealer 1 and the original owner, in which case dealer 1 should have paid the original owner.

If dealer 1 sold his business as a going concern to dealer 2, so that dealer 2 became the major shareholder and responsible for the assets, debts, contracts and other aspects of the business of dealer 1, then the contracts would automatically transfer to dealer 2.  But if dealer 2 bought various assets from dealer 1, but not the whole business, then the contracts between consignors and dealer 1 could not transfer to dealer 2. In order for dealer 2 to sell items legally, with appropriate transfer of title, dealer 2 would need to agree new contracts with each consignor.

Is that correct?

Alan

[cfosterk]

All I know is that Ray was sent the following:

St Louis scrambled;
Baccarat Pansy;
Clichy cinquefoil on cobalt;
Whitefriars concentric (P10 I think);
Paul Ysart 3d fish;
English 'unknown' red/white/blue;
HG Richardson concentric;
Strathearn close-packed;
Strathearn spoked;
Perthshire PP1 (pre 1978);
Vasart moulded.

Suffice to say the bold items were 'transferred' to Germany - the police have said it is not a criminal matter and suggest I get a german solicitor involved, my view is to check Companies House and see who the directors/shareholders were and seek redress through the small claims court....

My view is that the consignee was under a duty of care to advise me of any 'transfer' of goods....

[tropdevin]

Hi

Did you transfer the items to Sweetbriar Gallery, or personally to Ray Metcalfe?  That may be relevant, as according to Companies House, Sweetbriar Gallery (paperweights) Limited was dissolved on 22 December 2009.  That said, it may have been dissolved illegally if there were creditors who were not informed of the intention.

The outline guidance is:

If you have a private company and it is not trading you should be aware that the simplest and least expensive method of closing it down is to apply for it to be struck off the register of companies.

This is quite a common situation that usually arises when directors of the company want to retire or when the owner/ sole director wishes to return to PAYE or self employed status . If you have a limited company that is insolvent or is likely to be insolvent you should not apply.

If you would like your company to be struck off the register it is of the utmost importance that you must check with people the main stakeholders of the company such as its creditors, employees or investors.

Procedure for dissolution
The correct procedure to disolve a company is to fill out and return form 652a to Companies House along with a small fee.

Copies of the form asking for dissolution must be given to the following groups within 10 days of the application being submitted: members, creditors, employees, managers or trustees, and directors who have not signed the form.

If your company is VAT-registered then you should inform the local VAT office

The registrar at Companies House will post a notice in The London Gazette notifying the public about the proposal and inviting objections - if none are forwarded, the company will be struck off.

Note the requirement to give copies of the form to creditors. I'm not sure what the legal situation is if that is not carried out.

Alan

[Rocksmom]

Have you contacted Ebay to stop the auction? 

[cfosterk]

Rather fortunately I was selling some gold coins, and just had a squick earch for Ysart paperweights....there may be a few fish around, but you know your own weights - like children your familiar with any blemishes or quirks - which also like children you overlook!!

In answer to your reply I have contacted ebay, but theres only 24 hours to run.

I've bid on the item in the hope of stopping the sale to an innocent third party if it reaches that stage....but I hope ebay will see sense.....

[Frank]

I would suggest phoning and/or faxing.

full details for contact
http://www.paperweights24.de/shop/shop_content.php?coID=4