Real-life MMD:Slight damage, but free storage. Who pays?

scarlet_macaw · 20 November 2013 at 12:26PM

The key question here is "is it really theirs?"

If yes, then the rules of "breach of bailment" apply - you need to show that having taken responsibility for it you looked after it at least as well as you would have done your own property. - If you can show this you have no further responsibility to them, however if you have been more careless with it than you would have been had it been yours, then you would be responsible for the cost of the damage.

If it is not theirs, then you have no responsibility to them - however it still belongs to somebody and you may have a responsibility to that person.

As such it is essential that you do all you can to determine who it belongs to - start with asking them for proof of ownership. The fact that they originally did not realise it belonged to them, whilst strange, is not in itself relevant. Next was there any wrapping on it or a delivery note with it as would normally be expected for an item of this type? if so why did you not contact the supplier to try to ascertain the true ownership when it first arrived? - You need to do so now!

As so often the dilemma here is not actually the one presented, rather the fact that you may have been guilty of theft by finding in the first place.

Acremead · 20 November 2013 at 12:32PM

I'm wondering what kind of kitchen unit is so small that you could get it up into the attic.

Also- was there no delivery note or logo on the packaging to indicate who'd sent it? My first instinct would have been to contact the company and ask them why they dumped it by my house before I went to the trouble of humping it up into the attic. Were you hoping to sneak a freebie by hiding it in the attic and not advising the sender?

If it is your neighbour's then personally I'd give it to them, but they'd have to shift it themselves and accept whatever condition it's in. If they got snarky about it I'd consider asking for a storage fee.

Seakay · 20 November 2013 at 12:35PM

I wouldn't offer to pay for anything and your neighbours sound so dodgy I wouldn't want them in my house getting anything down from my attic either.
It's up to you if you let them have it. Unless you told whoever delivered it to come and get it then it isn't yours even after 6 months, and I'm doubtful that your neighbours have paid for it so it isn't theirs either. You've stolen it and (I assume) don't want it. they have no claim to it but want it.

Kirsty1718 · 20 November 2013 at 12:44PM

I'm a bit confused as to how it could possibly take someone six months to realise they're missing a kitchen unit?! Also,I would've thought something so expensive would've required a signature upon delivery.
Anyway,if it's just sitting in your attic taking up space I would let them have it,but without paying for the damage-I agree with mr-tom on this one,if it'd been outside for the six months it took them to realise it'd be in a far worse condition by now!

John_Gray · 20 November 2013 at 1:23PM

I think this comes from the "Department of Made-Up Dilemmas", for all the reasons that people have suggested!

gainsboroughgirl · 20 November 2013 at 1:32PM

I would seek legal advice- I might ask my newly qualified barrister daughter and get back to you. One thing I do know is that just because most people posting feel it's not right doesn't help if in law you are in the wrong by keeping it once they finally do lay claim to it. I don't want to repeat anything already said so will add one more thought- there is probably in law a similar thing to an easement in terms of ownership. An easement say on a boundary change is usually about 15 years. You haven't had the units this long but the time for something like this may be far less. It may also be that the time when it becomes yours is sooner if you have actually used the units in any way. eg for loft storeage. In this scenario, they can no longer be considered 'kitchen' units. I do think proof of purchase would be needed in law and if so, maybe the law will be on their side re the damage - as 'the law's an !!!' at times. Should this be the case, let them bring people in and bill them for the damage to the walls incurred on the way downstairs, the loss of your time when you might have been doing something more profitable, the cleaning of those carpets when they came in with their muddy feet and so on. Don't forget you might need a joiner to be on site to remove a door to facilitate removal so as to avoid damage to the walls at the entrance to your home etc etc. I might even insist that they pay a removal company- one with a strong reputation- to do the job so that you can be sure you have the best people in your home so it won't be damaged- they will have to pay any extra insurance and have the hassle of dealing witht the claim you may make if anything is damaged and so on and so on. Don't let them know anything like this until you know legally where you satnd as they could out of sheer vindictiveness, make you pay a top removal comapny so that their precious units aren't damaged on the way out of your house....
On an entirely different note- do they suffer from diminished mental faculties by any chance?! I'll try to get back after speaking to my daughter but in the meantime do seek legal advice/citizens bureau- where people like my daughter may be brushing up the CV with pro bono work. Tread carefully and good luck.

CorinaB_2 · 20 November 2013 at 2:02PM

50/50, you were both daft enough to not realise who owned it so you both should pay for it.

Talent · 20 November 2013 at 2:04PM

Don't lie. Don't demand proof of ownership. Tell them it got damaged and they can have it if they want it. Do not offer to repair or replace it and don't accept any claim for repair or replacement from them. Not difficult.

oldtrout · 20 November 2013 at 2:06PM

This must be another fake MMD ... ridiculous!

Talent · 20 November 2013 at 2:14PM

gainsboroughgirl wrote: »

- as 'the law's an !!!' at times.

I don't understand the 3 plings (!!!) being used here. There is nothing wrong with using the English word !!! (as in donkey).
This is a recognised English saying, who is the idiot responsible for this?

Real-life MMD:Slight damage, but free storage. Who pays?

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