Sold property

Mzo1978

So I dropped in a very large bouncy castle to a repair company for repair. They contacted my husband twice regarding pick up and he told them his van wouldn't be big enough to fit it at the time and he didn't have a trailer. We dont have a bouncy castle business it was something I bought for my children once off. My husband told him if there was a rent charge to hold it he would be happy to pay obviously, we contacted the company today now we have a trailer and were told sorry we sold it to cover the 180euro repair. The castle cost 2,500 and was sold for 180 and it wasn't their property to sell

Can a company do that .... surely not

swampy353

How long was it with the company?

Hitman3000

Mzo1978 wrote:

Can a company do that .... surely not

You didn't pay for the repair or storage. The company could only assume you had abandoned the item.

Mzo1978

Hitman3000 wrote: »

You didn't pay for the repair or storage. The company could only assume you had abandoned the item.

It was with the company for 1 year with conversations agreeing that it would be ok there. Never were we told remove it now or il sell it. We had used the services before for repairs he knew us where we lived etc

Hitman3000

Mzo1978 wrote:

It was with the company for 1 year with conversations agreeing that it would be ok there. Never were we told remove it now or il sell it. We had used the services before for repairs he knew us where we lived etc

Again no payment made for a year? What did you think the company was going to do. It's not credible to believe you couldn't organise transport form the repair company to your home.

368100

A year? Ah come on

super_furry

If you’ve left it there for a year, you’ve abondonned it.

Snotty

1 year! Are you trying to tell us you couldn't organise delivery if you really wanted. What do you think this company were going to do, store it for ever without being paid?

NinjaTruncs

But why didn't you pay for the repair? Regardless of whether you could collect it or not, once the repair was completed it should have been paid for.

Clearly there was some miscommunication if you thought you were keeping in contact with them but then they went and sold it.

Did they ever ask for payment during the year while you were communicating with them? And how long since you were last in touch? If you hadn't been in touch in a number of months it's not unreasonable to believe you had abandoned the item.

Owryan

How come you could drop it to them yet couldn't collect it?

punisher5112

You can rent a good size van for a lot less the €50 for a day. I'm getting the biggest box van you can drive on a B license for 6 days for €160 with a tail lift.

That's crazy expecting them to just hold it for a year.

Mzo1978

NinjaTruncs wrote: »

But why didn't you pay for the repair? Regardless of whether you could collect it or not, once the repair was completed it should have been paid for.

Clearly there was some miscommunication if you thought you were keeping in contact with them but then they went and sold it.

Did they ever ask for payment during the year while you were communicating with them? And how long since you were last in touch? If you hadn't been in touch in a number of months it's not unreasonable to believe you had abandoned the item.

They never requested payment and we never even thought to offer payment our mistake I suppose... we spoke in January and all was fine we spoke yesterday and he said ah there was trouble in his marriage he went one way wife went the other so I sold it. My husband said but I spoke to u in January all was good he said they split in Feb he needed the money 180e we asked why didn't I ring and say I need this moved now

punisher5112

Mzo1978 wrote: »

They never requested payment and we never even thought to offer payment our mistake I suppose... we spoke in January and all was fine we spoke yesterday and he said ah there was trouble in his marriage he went one way wife went the other so I sold it. My husband said but I spoke to u in January all was good he said they split in Feb he needed the money 180e we asked why didn't I ring and say I need this moved now

Have you a receipt, invoice, any written articles that back up your story????

He can't sell what he doesn't own but if he can prove it's abandoned then it's a tuff one.

Mzo1978

punisher5112 wrote: »

Have you a receipt, invoice, any written articles that back up your story????

He can't sell what he doesn't own but if he can prove it's abandoned then it's a tuff one.

The docket when it was dropped off and three texts from him saying it's grand here no hurry.

It's the size of our house it was a massive titanic slide/castle it would just fit into any size van it needed a trailer a big one

punisher5112

Start a small claims against the company for loss. If you can prove with a valid receipt.

How did it get to him??

Surely you could have got a delivery company or as mentioned a big van even and car transport thpe

liam7831

This guy sounds as cold as ice

Super-Rush

punisher5112 wrote: »

You can rent a good size van for a lot less the €50 for a day. I'm getting the biggest box van you can drive on a B license for 6 days for €160 with a tail lift.

That's crazy expecting them to just hold it for a year.

Where are you getting that deal? Genuine question.

Super-Rush

Mzo1978 wrote: »

The docket when it was dropped off and three texts from him saying it's grand here no hurry.

It's the size of our house it was a massive titanic slide/castle it would just fit into any size van it needed a trailer a big one

I know the size of the castle in question and it would fit in any long or extra long wheelbase van.

He sold it for more than €180 as well.

wally79

Mzo1978 wrote: »

The docket when it was dropped off and three texts from him saying it's grand here no hurry.

It's the size of our house it was a massive titanic slide/castle it would just fit into any size van it needed a trailer a big one

You haven’t answered the question on how you got it to him. You said you dropped it off

punisher5112

Super-Rush wrote: »

Where are you getting that deal? Genuine question.

Easirent.

They are based near airport, at airport business Park, cloghran

Mzo1978

punisher5112 wrote: »

Start a small claims against the company for loss. If you can prove with a valid receipt.

How did it get to him??

Surely you could have got a delivery company or as mentioned a big van even and car transport thpe

It was rented to a farmer near tayto park and they ripped it and he dropped it to him in his trailer as a sorry for ripping it, no joke it's the size of our house then my husband sold his van and trailer and his now can just wouldnt have had the capacity he bought a trailer last month, a big one.

There was never any anger or feeling he was annoyed it was there, as I said we had used him before for repairs my brother uses him regularly for his company we had what we thought a decent working relationship

ytpe2r5bxkn0c1

Mzo1978 wrote: »

It was rented to a farmer near tayto park and they ripped it and he dropped it to him in his trailer as a sorry for ripping it, no joke it's the size of our house then my husband sold his van and trailer and his now can just wouldnt have had the capacity he bought a trailer last month, a big one.

There was never any anger or feeling he was annoyed it was there, as I said we had used him before for repairs my brother uses him regularly for his company we had what we thought a decent working relationship

Rented? So you rent it out. Not a Consumer Issue so, but a business issue.

CeilingFly

doesn't matter whether it was left for a month or a year, there was a verbal agreement and the person who had it had up to date contact details and therefore it would be a very easy case for the small claims court.

ELM327

If it's left there that long it could easily be classed as abandoned. Especially if no contact made in the year.
No sympathy with the OP at all. Storage ain't free.

Pelvis

You spent 2.5k on a bouncy castle for your kids?

HelgaWard

Pelvis wrote: »

You spent 2.5k on a bouncy castle for your kids?

Which they then rented out!

Hitman3000

HelgaWard wrote:

Which they then rented out!

But then left in for repair for over 6 months.

SteM

Mzo1978 wrote: »

It was rented to a farmer near tayto park and they ripped it and he dropped it to him in his trailer as a sorry for ripping it, no joke it's the size of our house then my husband sold his van and trailer and his now can just wouldnt have had the capacity he bought a trailer last month, a big one.

There was never any anger or feeling he was annoyed it was there, as I said we had used him before for repairs my brother uses him regularly for his company we had what we thought a decent working relationship

Your decent working relationship is waiting a year to pay for repairs while letting him store this huge castle in his place of work. You were renting the thing out, your husband should have made sure he had a way of transporting it.

Would you have waited a year for the farmer to pay you for the rental? Would you have let the farmer keep it for a year without paying you?

punisher5112

Hitman3000 wrote: »

But then left in for repair for over 6 months.

Over 1 year.

Hitman3000

punisher5112 wrote:

Over 1 year.

My bad I must have misread a post of the OP's.

CeilingFly

Pelvis wrote: »

You spent 2.5k on a bouncy castle for your kids?

What's the point? So what. Some people pay €5,000 for a summer holiday that lasts 2 weeks, so €2500 for a bouncy castle that can be used regularly is quite a wise investment if you have the space to use it.

SteM wrote: »

Your decent working relationship is waiting a year to pay for repairs while letting him store this huge castle in his place of work. You were renting the thing out, your husband should have made sure he had a way of transporting it.

Would you have waited a year for the farmer to pay you for the rental? Would you have let the farmer keep it for a year without paying you?

Read the OP's additional post - they were in contact in january and there was no issue. The person with it had their contact details, there was an implied agreement for storage.

As for renting it - where's the issue in the odd one off rental? I've a holiday home, I rent it to friends and family for a nominal cleaning / electricity charge.

If the OP did have a business they would have been renting it out since Easter, and especially around Communion time when every bouncy castle in the courty was rented

punisher5112 wrote: »

Over 1 year.

5 months since last contact where there was no issue.




Its a very simple conclusion. It was your property, they had your contact details, you had an implied agreement, they did not give you any opportunity to retrieve it and sold it.

Small claims court and you will almost certainly win.

Owryan

Mzo1978 wrote: »

It was rented to a farmer near tayto park and they ripped it and he dropped it to him in his trailer as a sorry for ripping it, no joke it's the size of our house then my husband sold his van and trailer and his now can just wouldnt have had the capacity he bought a trailer last month, a big one.

There was never any anger or feeling he was annoyed it was there, as I said we had used him before for repairs my brother uses him regularly for his company we had what we thought a decent working relationship

In the op you said you dropped it up, now someone else did.

CeilingFly

Owryan wrote: »

In the op you said you dropped it up, now someone else did.

I think that's been pedantic. - It was damaged when on loan to someone, and whilst that person physically brought it to the repair place, the OP "dropped it up".

If you send an item for repair by an post - would you say that "you dropped it in" or could someone argue that you did not drop it in, it was the postman?

ytpe2r5bxkn0c1

CeilingFly wrote: »

Small claims court and you will almost certainly win.

Not that simple for SCC if OP was renting it out. Tantamount to a business not consumer. The rental angle starts to explain how somebody spent €2500 on a bouncy castle 'for the kids'.

Owryan

CeilingFly wrote: »

I think that's been pedantic. - It was damaged when on loan to someone, and whilst that person physically brought it to the repair place, the OP "dropped it up".

If you send an item for repair by an post - would you say that "you dropped it in" or could someone argue that you did not drop it in, it was the postman?

Not really imo. The point of the thread is that they couldn't collect the castle due to it's size, hence why people asked how was it dropped off.


Now, one could ask, if they were renting it out, how did they deliver the castle to customers? or did the customer have to collect and return it?

punisher5112

Owryan wrote: »

Not really imo. How point of the thread is that they couldn't collect the castle due to it's size, hence why people asked how was it dropped off.


Now, one could ask, if they were renting it out, how did they deliver the castle to customers? or did the customer have to collect and return it?

They had a van and trailer but sold it.

wally79

OP should have been more proactive in paying for repair/storage

Other party shouldn’t have sold without agreement

I think that’s all

CeilingFly

Kathleen Important Headboard wrote: »

Not that simple for SCC if OP was renting it out. Tantamount to a business not consumer. The rental angle starts to explain how somebody spent €2500 on a bouncy castle 'for the kids'.

But €2500 is not a huge price - sure an iphone that many other parents buy kids cost €1,000.
A barbq and set of outdoor furniture would easily cost 2500.

If you have the space and have a couple of kids and they have friends, 2500 for a bouncy castle is not excessive in the least and some would say its was good value.


As I said above - if it was a commercial rental business they would need to have had it back a long time ago, hence the fact that its been in for repair and in storage at that premises for a year, would suggest that a commercial renting system was not in place and it was lent to someone.

So SCC is the ideal place if no other agreement can be found

the_pen_turner

how much would it cost to rent a huge bouncy castle for a day. it woild add up fast. 2500 wouldnt be a bad investment

davo10

Why didn't you pick up before you sold trailer?

Snotty

Kathleen Important Headboard wrote: »

Not that simple for SCC if OP was renting it out. Tantamount to a business not consumer. The rental angle starts to explain how somebody spent €2500 on a bouncy castle 'for the kids'.

Small claims court will handle B2B issues not exceeding €2k.
€2.5K value - repair and storage fee = <2k

But if I was the OP i wouldn't pursue it, not paying the debt and then expecting someone to store something which admittedly is huge for a year, I couldn't be surprised when something went wrong.

Former Former

Cost of a new bouncy castle = €2,500

Less the depreciation cost normal of wear and tear
Less additional depreciation because it's been ripped
Less the actual cost of the repair
Less the cost of storage for a year
Less the cost of transporting it back

Residual value is a lot closer to 180 than to 2500.

What value is there in pursuing it? None I would say. Learn the lessons and move on.

gordongekko

punisher5112 wrote: »

They had a van and trailer but sold it.

Should have sold the bouncy Castle and kept the van and trailer

J.pilkington

Serious witch-hunt going on here with a few posters pushing each other over to pull of a Sherlock Holmes and win the thanks race.

Pathetic. Why is the first reaction of posters to attack the OP rather than give advice that the OP came looking for.

davo10

J.pilkington wrote: »

Serious witch-hunt going on here with a few posters pushing each other over to pull of a Sherlock Holmes and win the thanks race.

Pathetic. Why is the first reaction of posters to attack the OP rather than give advice that the OP came looking for.

Probably has something to do with an enormous item being left for a year unpaid for in a repair shop.

rubadub

J.pilkington wrote: »

Pathetic. Why is the first reaction of posters to attack the OP rather than give advice that the OP came looking for.

It's the consumer forum, it's been like this for years... I never see it elsewhere.

If a friend/colleague/relative came up to a lot of these posters with a similar question there is no fcuking way they would respond to them in the same manner.

I have to admit I find it amusing at times, it's so OTT it can be laughable.

punisher5112 wrote: »

That's crazy expecting them to just hold it for a year.

not as crazy as them not giving them a final warning, maybe the OP is not telling us everything. If I was the repair people I certainly would have made it absolutely clear what I was planning to do it if was not collected.

davo10

rubadub wrote: »

It's the consumer forum, it's been like this for years... I never see it elsewhere.

If a friend/colleague/relative came up to a lot of these posters with a similar question there is no fcuking way they would respond to them in the same manner.

I have to admit I find it amusing at times, it's so OTT it can be laughable.


not as crazy as them not giving them a final warning, maybe the OP is not telling us everything. If I was the repair people I certainly would have made it absolutely clear what I was planning to do it if was not collected.

On a consumer forum, you only get one side of the story, the ops, but you have to admit, it sounds ridiculous to leave that size of item unpaid for, for a year. It's also crazy to not be able to arrange to pick up an item worth €2.5k for that period. If it was a relative, I'd say the same thing.

stronglikebull

davo10 wrote: »

Probably has something to do with an enormous item being left for a year unpaid for in a repair shop.

What about the shop telling them in writing that it wasn't a problem, and to take their time? Everyone is ignoring that part.

I don't know if a shop has the legal right to sell on your goods without warning you, like has happened here, but I would recommend talking to a solicitor given the large value of the product.

seagull

The shop told them in January that it was OK. They probably didn't expect it to be left another 6 months with no contact.

Was the repair bill paid?
Did you offer to pay anything to them for storage?

I'd expect the store to make contact to give a final warning of collect it or it will be sold, but the OP has been pushing the limits here.