Warranty replacement sent two - Refuses to accept that they sent 2 ?!

usefulmale

marliepanda wrote: »

According to?

Mistakes happen. You know its not yours. That letter you describe does not transfer ownership to you from the company.

Stevie Palimo is right. If the item was large, are you saying you would store it in your hallway, fee-free, for 6 years?

marliepanda

usefulmale wrote: »

Stevie Palimo is right. If the item was large, are you saying you would store it in your hallway, fee-free, for 6 years?

Did you see my first post, the one where I said you don't have to store it? And I outlined what you CAN do?

Clearly not.

Stevie is not correct, but feel free to follow his advice if it happens to you and remain liable for the amount for 6 years

usefulmale

marliepanda wrote: »

Did you see my first post, the one where I said you don't have to store it? And I outlined what you CAN do?

Clearly not.

Stevie is not correct, but feel free to follow his advice if it happens to you and remain liable for the amount for 6 years

Selling it IS 'disposing' of it. As you state, it's not your property to sell.

In your scenario, the company is entitled to demand the EXACT item back. Not what you sell it for, nor a replacement.

Same as if I 'borrow' a £20 note from work. Unless I give them back the EXACT note I 'borrowed', its theft. Replacing it with any other £20 note is not good enough.

Giving the company 30 days to collect the item is ample time for them to double-check their stocks. They have already made one mistake in delivering 2 items. It's perfectly plausible for them to have made a second mistake with thier stock records.

marliepanda

usefulmale wrote: »

Selling it IS 'disposing' of it. As you state, it's not your property to sell.

In your scenario, the company is entitled to demand the EXACT item back. Not what you sell it for, nor a replacement.

Same as if I 'borrow' a £20 note from work. Unless I give them back the EXACT note I 'borrowed', its theft. Replacing it with any other £20 note is not good enough.

Giving the company 30 days to collect the item is ample time for them to double-check their stocks. They have already made one mistake in delivering 2 items. It's perfectly plausible for them to have made a second mistake with thier stock records.

Now you're talking rubbish and putting words in my mouth.

Stevie Palermo said give it to a charity shop. I said you can't dispose of it by binning it, giving it away or selling for mates rates, and you have to follow a decent selling procedure after giving notice.

Not once did I say they can demand the same item back. I'm not sure why you're backtracking and making stuff up.

I've already said what can be done backed up by wealdroms link. You're adding nothing useful, ironically.

usefulmale

marliepanda wrote: »

Now you're talking rubbish and putting words in my mouth.

Stevie Palermo said give it to a charity shop. I said you can't dispose of it by binning it, giving it away or selling for mates rates, and you have to follow a decent selling procedure after giving notice.

Not once did I say they can demand the same item back. I'm not sure why you're backtracking and making stuff up.

I've already said what can be done backed up by wealdroms link. You're adding nothing useful, ironically.

No, it is ME that is saying that the company can demand the EXACT item back. I didn't make that very clear. If the company were to come back in 5 years, they would be perfectly entitled to demand back the EXACT item. Not what you had sold it for, nor an identical item.

Please point to any law that allows you to sell property that you have no title for.

marliepanda

usefulmale wrote: »

No, it is ME that is saying that the company can demand the EXACT item back. I didn't make that very clear. If the company were to come back in 5 years, they would be perfectly entitled to demand back the EXACT item. Not what you had sold it for, nor an identical item.

Please point to any law that allows you to sell property that you have no title for.

No they can't, if you have sent two letters giving them a decent timeframe to come and collect it. (Not I want it gone in 24 hours)
You have to tell them a decent timeframe and what you are going to do after.

No you can't sell something which is not yours, but at the same time you are not free storage, so as long as you sell the item properly, for a decent price (eBay is fine as it gets what it gets) and keep the money available for the seller there will be no legal issue.

There would be no issue defending that in a court, you'd have a paper trail.

You cannot defend 'I gave it away'

Why have you gone from saying someone who said 'give it to a charity shop' was right, to now saying you have to give the exact item back? Your position is inconsistent and makes no sense.

usefulmale

marliepanda wrote: »

No they can't, if you have sent two letters giving them a decent timeframe to come and collect it. (Not I want it gone in 24 hours)
You have to tell them a decent timeframe and what you are going to do after.

No you can't sell something which is not yours, but at the same time you are not free storage, so as long as you sell the item properly, for a decent price (eBay is fine as it gets what it gets) and keep the money available for the seller there will be no legal issue.

There would be no issue defending that in a court, you'd have a paper trail.

You cannot defend 'I gave it away'

Why have you gone from saying someone who said 'give it to a charity shop' was right, to now saying you have to give the exact item back? Your position is inconsistent and makes no sense.

Yes, they can. The Theft Act 1968 covers it.

Say the item had a serial number of 123456. Should the company come back 5 years after you have sold it, they can demand you give them the item back with the serial number 123456. Giving them an identical item with a serial number of 123457 is not enough.

Getting back to paper money, if you were to 'borrow' £60 from work, you would need to give them the EXACT same notes back to avoid a charge of theft. Giving them back different, yet albeit genuine notes is not enough as it could be argued that you have profited by having an interest-free loan, especially if the amounts were large and was not discovered for some time.

You have not provided a link to a law that allows you to sell items that you do not possess title for.

In your second paragraph you state that you cannot indeed sell items that you do not own. You then go on to state that you can, so long as you get a 'decent' price. I would love to hear you argue the definition of 'decent' in court AND explain how you were able to sell an item you do not own.

marliepanda

I disagree with your viewpoint about the serial numbers, there is absolutely no loss to the party. Its incorrect and you won't be able to find any case law which agrees with you.

The companies right to get back the item with the same serial number is negated by your right to have your house to yourself and not be a free storage shed.



However, I still don't get why you agree with Stevie Palermo (as per your first post) which states you can GIVE IT AWAY?

wealdroam

usefulmale wrote: »

No, it is ME that is saying that the company can demand the EXACT item back. I didn't make that very clear. If the company were to come back in 5 years, they would be perfectly entitled to demand back the EXACT item. Not what you had sold it for, nor an identical item.

I guess you didn't bother to read that document I linked to in post #5?
In particular, the bit where it says:

You must give the proceeds of the sale to the owner of the goods, but you are entitled to keep any money owed to you, including the cost of the sale (e.g. advertising).

In other words, the owner is entitled to not just the EXACT same goods back, but the value of the item if sold.

usefulmale wrote: »

Please point to any law that allows you to sell property that you have no title for.

Since you ask, from that same document linked to in post #5:

The Torts (Interference with Goods) Act 1977

usefulmale

marliepanda wrote: »

I disagree with your viewpoint about the serial numbers, there is absolutely no loss to the party. Its incorrect and you won't be able to find any case law which agrees with you.

The companies right to get back the item with the same serial number is negated by your right to have your house to yourself and not be a free storage shed.



However, I still don't get why you agree with Stevie Palermo (as per your first post) which states you can GIVE IT AWAY?

Lets just take an example. The White Album by The Beatles. Each copy has a stamped serial number on the sleeve. Low number copies go for hundreds or even thousands of pounds.

For arguements sake, lets say the company dropped off a copy with the serial number 0000005 (sold in 2008 for just over 19 grand) and you flogged it. Five years after you have sold it, the company come back and you offer a copy with the serial number 8452314. Do you think they would just accept it? Or would they sue you for the value of the item, which, five years doen the line, is probably worth nearer 30 grand?

I agree with Stevie because, if you have sent a letter, with a deadline for collection and the company claims that the item did not come from them, then you can dispose of the item as you see fit.

In fact, giving it to charity is more than reasonable as you yourself do not gain from the extra item.