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How long do I have to keep people's property if they don't collect it


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Hi Caggers,

 

I fix peoples computers and occasionally the owner never appears to collect their PC despite calls.

 

I have 3 laptops where I gave in calling and they have been here for around a year and two which belong to 2 friends who twice now have arranged to collect the laptops but failed to turn up (last time was 3 months ago).

 

I seem to remember there is a law or statute that says after a certain length of time I can dispose of the items.

 

All are now subject to storage fees anyway, I'm fed up with moving them around in my parts cupboard so have decided that if the owners appear they can pay a £2.50 per week storage fee back to when they abandoned it on me, hence taking up valuable space (I live in a 2 bedroom flat, so space is at a premium).

 

Can anyone throw any light on the disposal law and if I am acting legally by charging storage fees should the owner ask for the laptops back.

 

Many thanks for any help you guys can give me.

 

And a donation will be made via paypal to the CAG fund.

 

Gary

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I would think in the circumstances you have the right to either charge for storage or dispose of the items, having held on to them for so long.

 

Perhaps write to the culprits advising them, if they havent collected their items within a period of time, then you will a) invoice them for storage or b) dispose of the items as you see fit. You could say that you have had the items for what ever period of time as well

 

Send the letters recorded delivery.

 

I did a quick google and there doesnt seem to be very much information, but would think you are on solid ground.

 

I will however, flag this thread for more input for you.

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Thanks citizenB , sadly I can't write to the culprits because I never had their address, they dropped the laptops off, to be honest any where I have the address I drop the PC off to the customer.

 

I also did a google and couldn't find a lot, but back in the '80's I seem to remember that you could dump the property after 3 months if you had been in contact with the owner and after 12 months with no contact, but my memory is a bit vague about it, and it's almost certainly changed since then anyway.

 

To be honest I just want rid of the darned things, if I can dispose, I'll rip out any useful bits and send the rest for recycling.

 

Gary

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The only information I could find related to property being left behind in rented property. The consensus of opinion is that it can be disposed of immediately.

 

Wait while the evening shift log on, I am sure you will get lots of advice :)

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I am pretty sure that you cannot charge them retrospective storage fees unless they were informed in your t&c when they dropped their lappys off. You cannot introduce new contract terms without notifying them. However you are at liberty to dispose of the equipment after a reasonable length of time.

There is a web site 123people.co.uk which may help you track them down.

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http://www.lodgerlandlord.co.uk/2010/08/19/dealing-with-lodgers-possessions-that-they-leave-behind/

 

Ok there is a lot of information in the above link.. that might be useful. Especially the bit highlighted in red :) Note that it is mentioned the law was created prior to email/text messaging so if you dont have a physical address you can probably contact them either electronically or by phone HTH

 

 

However you probably don’t want them cluttering up your house for long. You will probably either want to throw them away, or (if they have any value) sell them. You can do this, but only if you first carry out the procedure set out in an act called The Torts (Interference with Goods) Act 1977.

This act says that if you want to dispose of goods belonging to another person, you must first write to them asking them to remove the goods. The letter should say:

  • What the items you hold are
  • Where they are being held, and
  • How long they will be available for collection before you dispose of or sell them

You need to give a reasonable period of time for their collection. I would suggest at least 14 days. The act says it must be “such as will afford the bailor a reasonable opportunity of taking delivery of the goods“. You also need to give them details of how to contact you.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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yep used to do this years ago too...just startimg up again now.

 

the way i used to do was to give them a fixed time of tort, its implied 'common service practice' i'm sure still anyhow.

 

when we closed a repair business recently, where we could we contacted to owner, giving 28days notice of sale or disposal to scrap.

 

then we did just that.

 

had one guy return some 7mts after we sold his equipment [repaired, outstanding unpaid bill,] explained the sale to gain repair fees

he tried to get a solicitor involved

we got one letter

scanned event diary and cpoies of sent comms

 

he was advised he had no claim.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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