Uncollected item

Carraigfraggle

I was left with a small item to repair Dec 2014, the customer left the item with some instruction but I wouldn't go ahead with the job without a deposit. So they said they'd call back with one. A few days later they phoned and said they did not want to go ahead with the work and would be around to collect the item in question in a few days. I said that was fine and put it aside for them.

They only have now contacted me to collect, 2 years later. They tied at first to insist they paid a deposit, I still have the docket but have proof that they were just being cheeky. But after searching it appears this item has gone missing. I'm not unduly worried, I did my best to hold it for them, I know it was still in storage 6 months ago, the verbal contract was cancelled and I didn't chase them up as I'm just too busy to chase everything and when it's in the non-payment/job-cancelled/collection-agreed pile I just move on to jobs in hand.

I'm just wondering is there a law in regards to ownership and such?

Peregrinus

What you've got there is a bailment. You have taken possession for purpose of repairing them, but the ownership of the goods remains with the customer. You have a duty to take reasonable care of the goods and return them when the purpose for which they were given to you has been completed or, as in this case, abandoned.

If, after phoning you to say that they didn't want you to go ahead with the repairs, the customer had turned up a day or two later to collect the goods and they had gone missing, you'd be buggered. But that's not what happened. Having cancelled the repair order, the customer failed to show up for two years. Does a duty to take reasonable care of the goods extend to you providing free, secure storage indefinitely? That seems a bit unreasonable. On the other hand, maybe it would have been reasonable to expect you to set some kind of deadline, or to contact the customer and say "come and pick them up, or I'll treat them as abandoned".

I think if this went to court my guess is that the court would say, yeah, you had the customer's goods, it was your job to look after them, you could have brought that to an end by telling him to come and get them, but you never did that. But you might be lucky; the judge might reckon that your duty only extends for a reasonable period, and two years is way outside that, even if you never contact the customer.

I suppose it's too much to hope that the docket that a customer gets has anything printed on it about this? You could consider doing this in future; a statement along the bottom that says something to the effect that, when the customer is notified to collect the goods he has a month, after which you take no further responsibility for them.

Carraigfraggle

Thank you, it's kind of what I was thinking. I'll need to find my diary and see what exactly was said as I usually write down conversations. The item being mislaid was a genuine mistake, I moved my place of business and brought them with me, I'll have to see was it mixed up in another customers bundle. As we speak I'm including a deadline note about collections on all future dockets, usually it's not a problem as people have always collected quite quickly, so a first despite many years in business. Live and learn. The item has little monetary value anyway, which is why the repair didn't go ahead in the first place I guess. It would be amazing if it was brought to court...but strange things do happen. I'm just trying to figure best way forward in terms of customer service. Would it be worth filing a report noting them missing?

*Update- it turns out my business partner made contact after 3 months and asked customer to collect immediately as we did not have a adequate storage space and would not be able to continue to store the item. Where does that place things?

CIARAN_BOYLE

Carraigfraggle wrote: »

*Update- it turns out my business partner made contact after 3 months and asked customer to collect immediately as we did not have a adequate storage space and would not be able to continue to store the item. Where does that place things?

Then I assume your partner gave a deadline for collection and when it was not collected he treated it as abandoned throwing it in the rubish or otherwise disposing of it.

Carraigfraggle

CIARAN_BOYLE wrote: »

Then I assume your partner gave a deadline for collection and when it was not collected he treated it as abandoned throwing it in the rubish or otherwise disposing of it.

No he didn't immediately dispose of it, I had the item put aside but he'd forgotten to tell me of the call so It continued to be left aside. He advised the customer to collect that day as it had been left with us too long and storage was not available, (customer was in very close proximity to us but we did not have their exact address as they wouldn't give it to us). I must find a moment to dig out my old diary to see what I said When they cancelled the repair.

goz83

Did your partner make a note of the call? Date call was made? Telephone/mobile call history would be useful here.

Mrs OBumble

OP, from a business and PR point of view, you need to make this issue go away without lawyers getting involved. That's when it would get costly.

Fey!

Peregrinus; a number of small workshops have a very visible sign saying "any items not collected will be sold to recoup costs or disposed of".

Would that cover what you were suggesting the OP put on his dockets? And if it was printed on the dockets, would that require a customer signature on the docket?

4ensic15

It would be implied into any contract for repair or giving an estimate for repair that the item would be collected within a reasonable time of the repair or the notification that the repair would not go ahead. 2 years is more than enough time to collect any item. Bailees aren't expected to store items at their own expense for years. It is always preferable to have standard terms and conditions, notices etc printed. Better again to ask customers to sign a form when the item is left in.

Atari Jaguar

The cost recouping would only really count if there was work done though?

OP I hardly think the customer is going to be kicking a huge fuss over an item they didn't give enough of a sugar about to come get for 2 years and if as you say they live close by, that's clearly negligence on their part.

I can't for the life of me seeing any judge demanding you should have kept it safely in storage for a period that extended 2 years beyond the day they phoned to cancel the repair. You're job is repairs you're not a storage company.

I'd take another wee look, if nothing turns up just phone them and say, it's been 2 years, you didn't collect and the item is no where to be found. I hardly think it holds enough value for them to take you to court if they can leave it forgotten about for over 2 years.

Hopefully they'll learn a lesson here, honestly people are desperate for this kind of thing. I saw a rake of this when Xtra Vision closed down. "I had a pre order deposit on a game that came out 6 months ago can I have my €5 back in a gift card" like come off it now.

4ensic15

Atari Jaguar wrote: »

The cost recouping would only really count if there was work done though?

.

There might have been time spent preparing an assessment. there will have been time spent in discussion with the customer. there will have been storage of the item. There are fixed costs is business such as rent, rates, heat light etc. On ce a customer engages they are availing of the outlay incurred. Normally it is built into the charges when something is actually repaired or is written off on the basis of a free estimate when the item is collected.

Atari Jaguar

4ensic15 wrote: »

There might have been time spent preparing an assessment. there will have been time spent in discussion with the customer. there will have been storage of the item. There are fixed costs is business such as rent, rates, heat light etc. On ce a customer engages they are availing of the outlay incurred. Normally it is built into the charges when something is actually repaired or is written off on the basis of a free estimate when the item is collected.

The OP literally said in the first few sentences that he did nothing to the item (assuming no assessment or otherwise made) until they gave a deposit as not to waste time on these things.

The comment about lighting and rent I'm not evening going to get into that because it's a complete non sequitur. If I go to a shop I don't need to hand over money just by grace of speaking to the owner or being in their presence.

dzer2

Any thing left here for repair has a deposit attached and if not collected within 3 months is sold to recoup costs.

Just tell them that the item is gone end of it.

4ensic15

Atari Jaguar wrote: »

The OP literally said in the first few sentences that he did nothing to the item (assuming no assessment or otherwise made) until they gave a deposit as not to waste time on these things.

The comment about lighting and rent I'm not evening going to get into that because it's a complete non sequitur. If I go to a shop I don't need to hand over money just by grace of speaking to the owner or being in their presence.

The costs eventually have to be recouped. Mostly, the people who pay subsidise those who don't. If you leave an item there and it is sold then it is reasonable that the proceeds go towards the costs of the business.