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Need advice from other vendors



 
 
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  #1  
Old August 10th 03, 06:35 PM
Snowdon Computers
external usenet poster
 
Posts: n/a
Default 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  
Old August 10th 03, 08:01 PM
Andy
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Posts: n/a
Default

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  
Old August 10th 03, 08:04 PM
Tony Sutton
external usenet poster
 
Posts: n/a
Default

"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  
Old August 10th 03, 08:05 PM
Snowdon Computers
external usenet poster
 
Posts: n/a
Default

"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  
Old August 10th 03, 10:50 PM
Julian Hales
external usenet poster
 
Posts: n/a
Default


"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.


  #6  
Old August 11th 03, 08:12 PM
Dom Robinson
external usenet poster
 
Posts: n/a
Default

In article ,
says...
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.

Is there any way you can package them up (I don't know how big these items are
but it might work for smaller ones), and then email the buyer to tell him that
if he doesn't get in touch within a couple of weeks or actually turn up to
collect the goods that you'll post them to him, and since he hasn't paid for
postage, you'll mark on that it's for him to pay the postage cost. The PO
might frown upon this but at least it gets them out of your hair.

Then again, I've never had anyone buy anything from me and pay for the goods
but not collect. Doesn't make sense, and obviously puts you in a quandry.

I've had a very strange experience in the past few days when someone at
another branch of my workplace wanted to buy a couple of DVDs and a PS2 game
(total cost: £15) and could only send cash. Before others have done this by
sealing it within a couple of envelopes and a courier pouch before sending it
through the courier to me. This made for an interesting game of 'pass the
parcel' but at least I won

Anyway, the guy in question this time said he'd only send the cash once he'd
RECEIVED the DVDs and games. Er... No! Who in their right mind would send
goods before receiving payment in a private transaction like this? I said I
could provide several references and even give me direct phone number, and in
any case, we both work for the same organisation so it's not as if I'm
uncontactable (or is it 'incontactable'?)

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.
--

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
  #7  
Old August 11th 03, 08:16 PM
Julian Hales
external usenet poster
 
Posts: n/a
Default


"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  
Old August 11th 03, 10:52 PM
Paul Hopwood
external usenet poster
 
Posts: n/a
Default

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  
Old August 11th 03, 10:56 PM
Paul Hopwood
external usenet poster
 
Posts: n/a
Default

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/ ]
 




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