Is this legal

pmduk

smcaul wrote: »

I do look forward to reading your posts, what wonderful works of complete fiction they are.

But just out of interest, do your replies just come naturally, or do you actually go away and research your replies, just make sure that you are offering complete utter nonsense? because if it is the former, then there is the real possibility that one of these days, completely by accident, you might actually be giving advice that is correct!!!

Do you think anihilator is the British Retail Consortium's not so secret weapon? I've never seen him do anything other than belittle a customer having problems.

mikey72

smcaul wrote: »

I do look forward to reading your posts, what wonderful works of complete fiction they are.

But just out of interest, do your replies just come naturally, or do you actually go away and research your replies, just make sure that you are offering complete utter nonsense? because if it is the former, then there is the real possibility that one of these days, completely by accident, you might actually be giving advice that is correct!!!

Never happened yet though.

dacouch

Annihlator is actually Simon Cowel's online alter ego.

CharlieBilly

Oh dear that bad still could be worse and be AE of piers morgan

dacouch wrote: »

Annihlator is actually Simon Cowel's online alter ego.

lcharm

Anihilator makes a good point though. When you take jewellery to be repaired where it stays somewhere overnight it'll need to be kept in a safe which would be a waste of valuable space for a repair which may or may not have earned them much money.

However it may be worth checking with the OFT, expecially if they've been given your details and made no effort to contact you.

dmg24

I am intrigued as to how something can have great sentimental value, yet can be forgotten about for a few years?

chattychappy

bingo_bango wrote: »

And how exactly would you say that this is a term of the contract?

Olley v Marlborough Court Ltd 1949 (later backed up by Thornton v Shoe Lane Parking Ltd 1971) is one of the leading cases in English law on terms NOT being incorporated into the contract from a receipt (or more correctly, from information given to the consumer after formation of the contract). If the OP had no knowledge of this term prior to entering the contract, then the term does not form part of the antecedent negotiations, and they cannot therefore be held to that term. By placing such a term on the receipt, the store has not allowed the OP to be aware of all of the terms of the contract until it is too late.

It is fine to have returns information (that exceeds any statutory rights) on the receipt as this info is generally in the consumer's favour, but to have detrimental terms is a no-no.

If the term is on a receipt, then it cannot have been incorporated into the contract, and therefore has no standing in law. Although this will not help OP to get the bracelet back now, it does perhaps open the way for a damages claim.

Marlborough was on my lips too. The OP would have to be sure that there weren't any other notices displayed or something he signed at the time. It would have to be a pretty clear sign for such an onerous term as being permitted to sell and keep the money after only 3 months, I would have thought. Then there's custom and practice - common sense suggests that after a while the shop might be entitled to sell the item as storage/security could be a problem and this is probably what usually happens. But as you say, this doesn't mean the money is theirs to keep. Perhaps they would be entitled to deduct a reasonable storage fee for the costs involved - but that's not a license to charge £5 day just to soak up the proceeds as suggested above.

I would have said at 4 months the OP would have a clear case - this was not abandoned property. Not so clear now - but that's why limitation acts have their limits (6 yrs for contract). So I would still go for it - but it's cash only.

taxiphil

dmg24 wrote: »

I am intrigued as to how something can have great sentimental value, yet can be forgotten about for a few years?

Colbefc wrote: »

due to illness I forgot about it until last week when I found the receipt

Could have been one of the many illnesses that affects the memory, or any type of illness that became so overwhelming that the OP effectively put their day to day affairs on hold until they had fully recovered.

Well done to bingo bango and chattychappy for their sensible and well informed replies.

welshryda

Very sad and sorry to hear that, but after that length of time they can scrap it, sorry

Snakeeyes21

from https://www.adviceguide.org.uk/index/your_world/consumer_affairs/keeping_lost_found_and_uncollected_goods.htm#selling_uncollected_or_abandoned_goods

Selling uncollected or abandoned goods

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 your 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
you follow the correct procedure.
Procedure for obtaining the right to sell uncollected or abandoned goods

If you want to sell the goods you 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 you have taken reasonable steps to trace the owner, but have not been successful, you can sell the goods. It is worth keeping a note of what you did to trace the owner.

If you trace the original owner, you must send two written notices to the owner before you sell the goods.

You must give the owner of the goods, a first written notice personally or by post stating:
that the owner is responsible for collecting the goods
the details of the goods and where they are
your name and address
how much money is owed, if any, for the goods when the notice is sent, for example, the cost of the repair or reasonable storage charges.

You must send the owner of the goods, by recorded delivery or registered post, a second written notice stating:
you 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
your name and address
how much money is owed, if any, for the goods, when the notice is sent.

If the owner of the goods owes you money, the period between the second notice and the sale of the goods must be at least three months.
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 you are sure that the goods belong to the person who has been sent the notices, then you may:
keep the goods
sell the goods
get rid of the goods.

If the goods are sold they will then legally belong to the person who has bought them.
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.