Legal Query ref. Lost Property

RobbiGee

Not sure if there are any legal bods out there but hoping someone can help me.

I left my Polar Heart monitor in the changing rooms of my gym (Nuffield) a few weeks ago. I realised as I was driving to work so I called from my car (hands free of course) and waited on the phone while the receptionist got
one of the male members of staff to retrieve it.

She confirmed she had it in her hand and that she would keep it behind reception ready for me to collect when I was next in, I explained this would be later in the week and she said no problem. I didn't make a note of her name as I had no reason to at the time (I've left stuff there before and retrieved it no problem).

When I went in a few days later I asked the young man behind reception to retrieve my watch for me. After 5 minutes he couldn't find it but said "(He'd) definitely seen it" so I should go do my work out and collect it on the way out. When I got back he obviously hadn't looked for it and as I was in a rush I said I would collect the next day.

The next day the same thing happened however this time I hung around, after 10 minutes of 2 members of staff looking they still could not find it. They checked "the last place it could be" (a safe that took 10 minutes to
open) but it wasn't there either.

I filled out a customer complaint form and never heard anything, I chased the duty manager the next time I was in and he promised to come back to me in 24hrs, he never did! I chased again over the phone last night and spoke to the same manager.

I asked "At what point do you offer to replace the watch or reimburse me". He said "At no point Sir, propoerty in the gym is your responsibility".

I told him that under Bailment law once they had acknowledged they had my watch in their posession they had a duty of care to look after it until I picked it up as agreed". He said "I don't know about that, you clearly know more than me" and stated he would talk to his manager.

He rang back 15 minutes later saying he'd spoken to the gym manager and he then offered me a replacement heart rate monitor out of their stock however the watch he offered was a lower model number (F6 not RS200) and not compatible with the accessories I have.

As such I'm about to go back and reject their offer and re-state that I believe I'm due a replacment of equal quality or reimbursement of enough money to replace it myself.

ANYWAY.......My question(s);

Am I right re: Bailment law, have I got a case here ?

Will the fact that they offered me a replacement of some sort work in my favour if I have to escalate this ?

Who can I threaten to write to in the papers etc??

bingo_bango

1. I don't think you have. For bailment the bailee (gym) needs to INTEND to possess. As this was left at their property and they didn't ask for or try to gain possession of the item, I think your bailment argument fails on the first test. You could try arguing that they are an involuntary bailee, but you would then need to prove intention to cause loss or harm, which again I think you would struggle with.

2. If the above applies, then this is merely a goodwill gesture. It would have no bearing on any further action by you, other than to show the gym as trying to help you very reasonably, but without any legal requirement to do so.

3. Any action would be against the gym. All legal papers should be addressed to the legal entity. Check if they are a limited company etc and write to the company secretary at the head office address. I'm not sure what legal basis you would use to insitgate any action though, as you would need to provide an argument as in 1. for any tort action.

Equaliser123

I think you would be ok. They clearly haven't taken reasonable care of it having confirmed that they were in possession.

RobbiGee

bingo_bango wrote: »

1. I don't think you have. For bailment the bailee (gym) needs to INTEND to possess. As this was left at their property and they didn't ask for or try to gain possession of the item, I think your bailment argument fails on the first test. You could try arguing that they are an involuntary bailee, but you would then need to prove intention to cause loss or harm, which again I think you would struggle with.

Thanks for your response Bingo Bango.

As I understood it the following applies:

Term: bailee
1. A person who takes lawful possession of goods and assumes responsibility for those goods as a consequence.

My argument, if it came to it, that by me asking the receptionist to keep hold of the watch until I picked it up, and her doing so, would consititute her (and therefore her employers, the gym) taking lawful possession of the watch and agreeing to care for it until I collected ??

Anihilator

I would take there offer.
Ultimately you left the item behind and won't be able to prove any neglience. Even proving their duty of care over it would be questionable.

RobbiGee

Anihilator: If the watch was any good to me I'd accept it, but it isn;t so there seems little point ?

My original argument still stands either way as far as I'm concerned.

If I had just left it in the changing rooms and then claimed a replacement when it went missing then that's one thing but in my opinion they agreed to care for it and didn't.

Anihilator

RobbiGee wrote: »

Anihilator: If the watch was any good to me I'd accept it, but it isn;t so there seems little point ?

My original argument still stands either way as far as I'm concerned.

If I had just left it in the changing rooms and then claimed a replacement when it went missing then that's one thing but in my opinion they agreed to care for it and didn't.

Well I don't agree. You acted negliently and lost it. There duty of care over it imo is questionable especially if they deny it if you should pursue it.

Furthermore there would still have to be neglience involved and if for example it has been stolen from behind receiption that hasnt occurred.

Take the replacement unit, use it, sell it or whatever and just think that your better off than you were when you lost it.

RadoJo

To be honest, if you had left the watch in the locker and someone had come by and stolen it, you would only have yourself to blame for its loss, and this doesn't seem hugely different. Clearly the person you spoke to was doing you a favour by finding and looking after your watch, not intending to enter into a legally binding position of responsibility for it - this is by no means a legal opinion but morally I would say that you are expecting too much of the gym and its staff and run the risk of them refusing to hold on to items in similar situations if you pursue this.

RobbiGee

I guess that's what it comes down to RadoJo and maybe I do need to consider the fact I'm still better off than I would have been as Anihilator stated.

I guess I'm more annoyed as it was a present and by the complete and utter lack of customer service beyond the initial phone call.

RobbiGee

Can i add that if it was an individual concerned here I would never go after the issue but to me it's the bigger Nuffield umbrella who would pay.

Equaliser123

Anihilator wrote: »

I would take there offer.
Ultimately you left the item behind and won't be able to prove any neglience. Even proving their duty of care over it would be questionable.

Negligence doesn't need to be proven at all.

They have said they had the item. Provided OP purported to collect reasonably quickly, then they are liable for losing it.