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

marliepanda

usefulmale wrote: »

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.

Again you are doing ridiculous examples.

If the company sent you a copy worth £19grand, then you would sell it, maybe get £17grand, and keep it for them. They would 'own' that £17grand for the next 6 years, unless you could show that you sold it properly but had no idea that the serial number gave it extra value.

They COULD sue you for the value of the original item they sent you, if you had not followed proper procedures like I said in my first post.

If you had given it to charity, which you are now stating you agree with(which makes no sense at all) you'd be £19grand in trouble.

shaun_from_Africa

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.

Utter rubbish.
The law that covers the disposal of uncollected goods is the "Torts (interference with goods act) 1977"
https://webcache.googleusercontent.com/search?q=cache:wX4eDUj4dRUJ:https://www.derbyshire.gov.uk/images/ft22_tcm44-8201.pdf+&cd=2&hl=en&ct=clnk&gl=us


That page refers to the obligations of a business but if you ask Trading Standards or Citizen's advice, they will tell you that consumers have exactly the same rights and obligations when it comes to goods that are not theirs.

wealdroam

shaun_from_Africa wrote: »

Utter rubbish.
The law that covers the disposal of uncollected goods is the "Torts (interference with goods act) 1977"
https://webcache.googleusercontent.com/search?q=cache:wX4eDUj4dRUJ:https://www.derbyshire.gov.uk/images/ft22_tcm44-8201.pdf+&cd=2&hl=en&ct=clnk&gl=us


That page refers to the obligations of a business but if you ask Trading Standards or Citizen's advice, they will tell you that consumers have exactly the same rights and obligations when it comes to goods that are not theirs.

Yes, the pdf version of that document was linked to in post#5 yesterday, but (the not so) usefulmale has obviously chosen not to read it.

shaun_from_Africa

My apologies for posting stuff that's already been posted by others. I missed it when reading the thread earlier.

Stevie_Palimo

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.

Points I made that you simply glossed over here :-

Op has stated communications on this with the supplier stating that they have checked stock and refusing to accept that they made a mistake by sending two of the item to them here, This is the start of the chain of paperwork covering OP, Then a letter stating 30 days as I wrote not 24 hours as you put it telling them to collect or item will be disposed is adequate for legal reasons, Finally the request for a final written confirmation from them accepting your above notice period and then also relinquishing there rights for said item would all partnered together be sufficient here for the vast majority if not all UK Courts to say as follows :-

Mr Blogs at ZX Supplies Ltd the OP here has made from the evidence in front of me several attempts to send back the additional item and each time you claim it is not yours, Finally they wrote with a 30 day notice period before disposal or offering it to a charity and again you wrote back saying it is not yours, I therefor find in favour of the OP and that you relinquished all rights to said item at such and such date.

If you seriously believe any Judge will say no sorry OP the law says 6 years and despite your best efforts to resolve this by requesting 5 - 6 times the collection of the item I find that 5 years 11 months after this happened that you are accountable for it and must pay ZX Supplies Ltd x amount of pounds back for this, If you actually believe this then you are in la la land as a single ounce of common sense would prevail in the OP's favour together with the written documents both to and from.

Legal points aside you can see that I am right but just do not want to admit it, I know if the same situation happens to me again I will 100% follow my own advice and ignore yours as I'd know that I made the effort to sort it out.