Some months ago I took about 30 items of clothing to a recycling shop for them to sell on my behalf. I recently discovered the shop had closed. I haven’t been contacted and there are no notices on the shop as to what’s happened. I managed to get the owner’s private cellphone number but there is never any reply. I presume the owner has “done a runner”. Is there anything I can do to get my clothes back?
Unless the business that ran the recycling shop is bankrupt or in receivership, this seems like theft. The clothes remain yours along with any money from their sale.
But until you can locate the owner there’s little you can do. Try to find the building’s owner; they might be able to help you with information including names and addresses.
If you find out the recycler’s name or the name of his or her company you might check with the Companies Office to find out their status. However, it’s likely they didn’t trade as a company. If you find out the name and address of the owner, you would be entitled to take them to the Disputes Tribunal.
But you may have difficulty tracking this person down. Even if you do, transient people are difficult to take through legal processes because it is notoriously tricky to serve them with papers. Remember, it is likely the owner has ripped off a lot of other customers. You may have to take the loss on the chin.
