Can I claim ownership?

ThemeOne

I'm not sure this is in the correct section but here's my question.

Some years ago, at least 5 but would have to check, a company who was a potential client provided me with a laptop with a view to me using it to deliver some training on a product they had developed and which was installed on the laptop.

For various reasons the work never materialised, and the laptop has remained in my possession to this day. I've had a couple of contacts with the company since, again about possible work which failed to materiallise, during which they vaguely mentioned getting the laptop back, but no action has ever been taken.

Do I ever become the legal owner, or will it always be theirs?

unholyangel

It could be affected by any T&C's of any contract you did have in place with them but usually where you are in possession of someone elses property it never legally becomes yours. Just any claim they may make against you would be subject to the statute of limitations.

LadyDee

Can't you just contact them and ask them to arrange collection?

shaun_from_Africa

Unless at the time it was a top of the range laptop, I wouldn't really expect a 5+ year old device to be worth a great deal of money now so why not simply contact the company concerned and ask them if they want in back and if they do, make a nominal offer for it.


Quick question for unholyangel.
I know that the time limit that they have is 6 years to chase for the laptop or for the monetary equivalent but when would this time limit run from?
As the OP has stated that the company concerned has "vaguely mentioned getting the laptop back", would the 6 year limit reset each time they ask for the return or is it always from when the OP took possession of it?

ThemeOne

Just to clarify, the company has made no serious attempts to get the laptop back. On the couple of occasions we've spoken they've said something to the effect that I could return it if we met for other purposes (which has never happened), but there was no suggestion we should meet purely for the purpose of returning the laptop.

wealdroam

ThemeOne wrote: »

I'm not sure this is in the correct section but here's my question.

Some years ago, at least 5 but would have to check, a company who was a potential client provided me with a laptop with a view to me using it to deliver some training on a product they had developed and which was installed on the laptop.

For various reasons the work never materialised, and the laptop has remained in my possession to this day. I've had a couple of contacts with the company since, again about possible work which failed to materiallise, during which they vaguely mentioned getting the laptop back, but no action has ever been taken.

Do I ever become the legal owner, or will it always be theirs?

Unholyangel has already answered your question.

Here it is again - you will never become the legal owner.

unholyangel

shaun_from_Africa wrote: »

Unless at the time it was a top of the range laptop, I wouldn't really expect a 5+ year old device to be worth a great deal of money now so why not simply contact the company concerned and ask them if they want in back and if they do, make a nominal offer for it.


Quick question for unholyangel.
I know that the time limit that they have is 6 years to chase for the laptop or for the monetary equivalent but when would this time limit run from?
As the OP has stated that the company concerned has "vaguely mentioned getting the laptop back", would the 6 year limit reset each time they ask for the return or is it always from when the OP took possession of it?

Usually from the date the cause of action arises. If there was a contract covering this, then it would run from the date the contract is breached (in E&W anyway, different for scotland). If there was no contract it would come under tort which is from the date the damage/loss occurred.

As for it resetting...this is more speculation on my part as there seems to be little to go by but I think it would depend on whether the actions founded on simple contract or tort. Afaik, tort can only be extended under the latent damages act - which basically is for damages which were not discovered until the 6 year limitation period had ended. In those circumstances you would have 3 years from the date of discovery/knowledge (or the date you ought to have reasonably been aware that there was a duty of care, a breach of that duty and damage) with an absolute limit of 15 years.

This situation is slightly more muddy than your usual due to the possibility of a contract existing even it if was never executed.

DomRavioli

It is usually 6 years from last contact, but this may be different being under business to business.

[Deleted User]

Why would you want a five-year old laptop to simply call your own?

Have you actually already been using it all this time or has it been lying idle?

What is the "product" installed on their lap top? Some software?

ThemeOne

I don't particularly want the laptop and don't use it myself, but was having a tidy up and thought it might be of use to a friend who's very hard up these days and is using an even older machine. It just seems a bit of a waste it sitting there idle year after year.

However, I wouldn't want to get him all set up on the machine if there's still a liability to return it, though in reality I suspect I shall never hear from the company again.

Anyway, as wealdroam has so helpfully pointed out, I have my answer, so I guess the laptop will go back in the cupboard.

ThemeOne

wealdroam wrote: »

Unholyangel has already answered your question.

Here it is again - you will never become the legal owner.

I don't recall asking my question more than once, so not sure what your point is. However, thank you for the clarification.