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#1
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Need advice from other vendors
I have a peculiar situation and am unsure of the steps I should (or can)
take legally. Brief history: - Between 28/4/03 and 25/5/03 customer bids, wins and pays for around 3 pallets worth of Compaq servers and accessories from me on Ebay informing me he will collect. - He then proceeds to make 2 appointments to call but fails to turn up or even let me know he is not coming. (one being on a Saturday which buggered a weekend up for me) In fact he has never replied to one of my emails and uses email just to 'tell me' what is happening. The telephone number he has given me, and has listed with Ebay, is a voicemail only service and my calls/messages are not returned. - After the weekend non-appearance I emailed and have written to him by recorded delivery informing him that if the equipment is not collected by the end of August I will charge a storage fee of £2 per day from the date of the letter. - My last contact from him was on 30th July when he told me he would collect on Sat 2nd August. What would be my next steps? How long do I have to leave it (or give notice) before I can 'repossess the goods and sell them. Taking the storage fee from the realised sale value and issuing him a refund of the balance? I have asked this in uk.legal but received no response, thought I would try in here. Alternatively if anyone lives near Bewdley in Shropshire who fancies acting as my agent and popping around to his house/business address to ask him what his intentions are it would be appreciated. -- Best Regards Niel Humphreys Snowdon Computers |
#2
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I'm not 100% sure, but I think you'd be on very dodgy ground reselling the
goods on, and refunding him what the subsequent sale netted, unless you'd left it for 6 months or so from the time the contract was finalised, i.e. when he paid for the goods. You could then argue that after such a period of time, he had no intention of collecting them, therefore you sold them on. As far as I know, as he's paid for the goods, they're now legally his property, even if he hasn't collected them from you. "Snowdon Computers" wrote in message ... I have a peculiar situation and am unsure of the steps I should (or can) take legally. Brief history: - Between 28/4/03 and 25/5/03 customer bids, wins and pays for around 3 pallets worth of Compaq servers and accessories from me on Ebay informing me he will collect. - He then proceeds to make 2 appointments to call but fails to turn up or even let me know he is not coming. (one being on a Saturday which buggered a weekend up for me) In fact he has never replied to one of my emails and uses email just to 'tell me' what is happening. The telephone number he has given me, and has listed with Ebay, is a voicemail only service and my calls/messages are not returned. - After the weekend non-appearance I emailed and have written to him by recorded delivery informing him that if the equipment is not collected by the end of August I will charge a storage fee of £2 per day from the date of the letter. - My last contact from him was on 30th July when he told me he would collect on Sat 2nd August. What would be my next steps? How long do I have to leave it (or give notice) before I can 'repossess the goods and sell them. Taking the storage fee from the realised sale value and issuing him a refund of the balance? I have asked this in uk.legal but received no response, thought I would try in here. Alternatively if anyone lives near Bewdley in Shropshire who fancies acting as my agent and popping around to his house/business address to ask him what his intentions are it would be appreciated. -- Best Regards Niel Humphreys Snowdon Computers |
#3
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"Snowdon Computers" wrote in message
... - After the weekend non-appearance I emailed and have written to him by recorded delivery informing him that if the equipment is not collected by the end of August I will charge a storage fee of £2 per day from the date of the letter. As he has already paid for it, it's legally his'. The best thing you can do is to charge him for the storage fee. Or visit him! Good luck. -- - Tony Sutton - http://www.hyperboard.co.uk - The Biggest Message Board! ------------------------------------------------------------- ORG.ASM Not Found. Wife not happy! ------------------------------------------------------------- |
#4
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"Andy" wrote in message
... I'm not 100% sure, but I think you'd be on very dodgy ground reselling the goods on, and refunding him what the subsequent sale netted, unless you'd left it for 6 months or so from the time the contract was finalised, i.e. when he paid for the goods. You could then argue that after such a period of time, he had no intention of collecting them, therefore you sold them on. As far as I know, as he's paid for the goods, they're now legally his property, even if he hasn't collected them from you. So how long am I meant to have them in my way, we're not talking about a couple of PCs. This load is taking up a fair bit of space, I don't really want them in the way for longer than they have to be.,.. -- Best Regards Niel Humphreys Snowdon Computers |
#5
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"Snowdon Computers" wrote in message ... "Andy" wrote in message ... I'm not 100% sure, but I think you'd be on very dodgy ground reselling the goods on, and refunding him what the subsequent sale netted, unless you'd left it for 6 months or so from the time the contract was finalised, i.e. when he paid for the goods. You could then argue that after such a period of time, he had no intention of collecting them, therefore you sold them on. As far as I know, as he's paid for the goods, they're now legally his property, even if he hasn't collected them from you. So how long am I meant to have them in my way, we're not talking about a couple of PCs. This load is taking up a fair bit of space, I don't really want them in the way for longer than they have to be.,.. -- Best Regards Niel Humphreys Snowdon Computers Unless they are 'stolen' you have to keep them, in the same sense as you have to hang onto unsolicited items for x amount. |
#7
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"Dom Robinson" wrote in message ... In article , says... Unless they are 'stolen' you have to keep them, in the same sense as you have to hang onto unsolicited items for x amount. You don't have to for unsolicited items now. Quite recently (in the last 12-18 months) things were changed so that immediately you don't have to give them back. -- Dom Robinson Gamertag: DVDfever email: dom at dvdfever dot co dot uk /* http://DVDfever.co.uk (editor) /* 940 DVDs, 259 games, 33 videos, 67 cinema films, 69 CDs, laserdiscs & news /* star trek nemesis, bringing down the house, phone booth, human nature "Organiser Eric Amy hit out today after just four people showed up for a public meeting to fight apathy in Dorchester" - Dorset Evening Echo cooooool |
#8
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Dom Robinson wrote:
Unless they are 'stolen' you have to keep them, in the same sense as you have to hang onto unsolicited items for x amount. You don't have to for unsolicited items now. Quite recently (in the last 12-18 months) things were changed so that immediately you don't have to give them back. Don't suppose you know the relevant legislation, for reference? -- iv Paul iv [ Mail: ] [ WWW: http://www.hopwood.org.uk/ ] |
#9
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Dom Robinson wrote:
In the end he didn't buy the goods and I just think now that either he's a total ****ing weirdo or was a dodgy git himself, the way he made everything sound 10 times more complicated than it was. It's simple: he send money, I send goods. It's worked several times before. I bet that guy couldn't find his arse with BOTH hands, or even know which way round to sit on the lavatory. You could of resolved it by sending the items COD. Then again, you're probably better off not doing business with that kind of dickhead anyway. -- iv Paul iv [ Mail: ] [ WWW: http://www.hopwood.org.uk/ ] |
#10
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In article ,
says... Dom Robinson wrote: Unless they are 'stolen' you have to keep them, in the same sense as you have to hang onto unsolicited items for x amount. You don't have to for unsolicited items now. Quite recently (in the last 12-18 months) things were changed so that immediately you don't have to give them back. Don't suppose you know the relevant legislation, for reference? It's somewhere on royalmail.com A direct URL was given a few days ago, but try a search on there for 'unsolicited' and it's bound to come up with it. -- Dom Robinson Gamertag: DVDfever email: dom at dvdfever dot co dot uk /* http://DVDfever.co.uk (editor) /* 940 DVDs, 259 games, 33 videos, 67 cinema films, 69 CDs, laserdiscs & news /* star trek nemesis, bringing down the house, phone booth, human nature "Organiser Eric Amy hit out today after just four people showed up for a public meeting to fight apathy in Dorchester" - Dorset Evening Echo |
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