is it mine???????? non collection - HotUKDeals
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is it mine???????? non collection

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hi folks, i ordered a media centre case back on the 7th of feb , the company sent out the wrong one..this was no problem and they sent out a new one and told me that the wrong one would be collected… Read More
BIGBAWBAG Avatar
7y, 11m agoPosted 7 years, 11 months ago
hi folks,
i ordered a media centre case back on the 7th of feb , the company sent out the wrong one..this was no problem and they sent out a new one and told me that the wrong one would be collected....
i phoned them about a week later to find out when it would be collected and was told that they would sort it out and let me know..that was the last i heard from them...
does anyone know if i can keep it or if the company can still ask for it back????
any help repped and apprieciated,

cheers....
BIGBAWBAG Avatar
7y, 11m agoPosted 7 years, 11 months ago
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1 Like #1
I read about a situation such as yours quite a long time ago.. I can't remember how but the guy ended up keeping the item. I think the company just never bothered to come and get it.

I think I read it either in the magazine ComputerActive or on the forum MSE.. Can't remember which! It was years ago...

I'm off to bed now but I'll have a search on MSE if nobody else has come up with an answer by tomorrow (I can't look through my old ComputerActive mags as they've long since been taken to the recycling!!)

Personally, I can't really see what right you'd have to keep it. I guess it's still technically theirs even though they can't be bothered to come and get it but if they never turn up it's yours to keep!
#2
kinda thought that but knowing my luck i`ll punt it and next day parcelfarce will be at the door...
so
punt it, it is...

cheers
#3
they had left an invoice in the box and it was £100, thought they would have wanted it back...
storage charges..:thumbsup:

thanks guys
1 Like #4
email them and say you have had it in storage for 3 months and you are going to start charging them £5 a day, and make sure they come when its convienent to you, (out of hours after 7pm ;)
1 Like #5
I hope this helps it's a bit long

Uncollected or abandoned goods

A person may leave goods which belong to them with someone else and appear to have abandoned them. Examples include:-

scaffolding or other equipment left by builders on site
books or records left with friends
uncollected goods left at a shop for repair
uncollected goods left by a tenant in a landlord’s property
goods ordered and received but then rejected or not paid for
and the seller has failed to collect them
unsolicited goods sent through the post.
For information about dealing with unsolicited goods, see Distance selling in Buying goods – your rights.

If you have uncollected or abandoned goods, you have a duty to look after them, but cannot use them or treat them as your own. You will be liable for any damage caused to the goods while they are in your care.

Goods that are dangerous, for example, a leaking fridge, should not be abandoned. Someone who abandons goods may be prosecuted.

If you are in possession of another person’s goods you can sell them if they remain uncollected, as long as:-

the original owner is responsible for collecting the goods. The goods cannot be sold if it is the finder’s responsibility to return them; and
any money received from the sale is returned to the original owner or, if this is not possible, kept on account for them. The owner only loses their right to the money after six years; and
the finder follows the correct procedure.

Procedure for obtaining the right to sell

If the finder wants to sell the goods they must take reasonable steps to trace the original owner if they, or their whereabouts, is unknown. This depends on the circumstances, but might include placing advertisements in local newspapers, notices on local community notice boards or contacting a trade association if the owner has a business.

If the finder has taken reasonable steps to trace the owner, but without success, they can sell the goods. It is worth keeping a note of what the finder did to trace the owner.

If the finder traces the original owner they must give the owner reasonable time to collect the goods. If the owner of the goods owes the finder money, for example, for repair to the goods, this time period should be at least three months.

If the original owner does not collect the goods within the time given, the finder can only sell the goods after they have sent the owner two formal notices. They can:-

send or deliver the first notice, followed later by the second one; or
send both notices together by recorded delivery or registered post.
The finder must give the owner of the goods, either personally or by post, a first written notice stating:-

that the owner is responsible for collecting the goods
the details of the goods and where they are
the finder’s name and address
how much money is owed, if any, for the goods when the notice is sent, for example, the repair cost or reasonable storage charges.
The finder must send the owner of the goods, by recorded delivery or registered post, a second written notice stating:-

that they intend to sell the goods if they are not collected by a date given in the notice
the details of the goods and where they are
the finder’s name and address
how much money is owed, if any, for the goods, when the notice is sent.

What happens if the owner does not collect the goods

If the owner does not collect the goods by the date given in the notice, and the finder is sure that the goods belong to the person who has been sent the notices, then they may keep the goods or sell them. If the goods are sold they will then legally belong to the purchaser.

If the goods are a car the finder must complete a form for change of possession (Form B62) which they can get from a post office, before selling the car.


What happens to the money from the sale

If you are the person selling the goods, you must be able to show the original owner that the sale was handled properly to get a fair price for the goods. Apart from the expenses of selling the goods, for example, storage charges or auction fees, the original owner must be given the money from the sale if their address is known. If the goods had been left for repair and were then not collected, the cost of the repair work can also be deducted. If not, the money must be kept for the original owner. However, after six years the owner cannot claim, or sue, for the money.
1 Like #6
To shorten previous answer a litlle, write a letter (not email as you could never prove it was sent or received) to the company explaining that the goods are still at your address and that you have stored them for x amount of weeks. tell them that if they are not collected within 7 days they will be disposed of to cover the costs of storage. This will normally instigate collection but if it does not you can dispose of them. Would ensure you keep a copy of the letter and send it signed for.
#7
dcx_badass
TBH it's two months we all know they won't bother and have forgotten.


You are right but unless you do it the right way you could end up with a criminal record for a few quids worth of furniture.. you would be effectively stealing it without giving them the official last chance to collect. Not worth the risk :thumbsup:
1 Like #8
mosskeeto
To shorten previous answer a litlle, write a letter (not email as you could never prove it was sent or received) to the company explaining that the goods are still at your address and that you have stored them for x amount of weeks. tell them that if they are not collected within 7 days they will be disposed of to cover the costs of storage. This will normally instigate collection but if it does not you can dispose of them. Would ensure you keep a copy of the letter and send it signed for.


I would agree with that as being your best bet. :thumbsup:
#9
will get a letter off to them.....see what happens,,,

thanks for the help:thumbsup:

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