OT:- How Long Should I Wait ?

[the_constructor]

Sorry for posting this here chaps, but have posted it on uk.legal and uk.legal.moderated but xcan't find it or any replies.

Last year I sold a laptop computer and because the person lived a few miles away, I agreed to waver the delivery charges and allow it to be collected when the weather conditions improved.

I have sent the person concerned an email every 3 to 4 weeks to remind them that I still have this item.

How long do I have to wait before it rightfully becomes my property again and am allowed to sell it again without refunding the person.

Jim

[Bill]

In message , the_constructor writes

And I'm in exactly the same position with a gearbox. I moved it from the shed to the path for collection and wrapped it loosely in a tarp. Another potential customer had wanted it weighed for possible carriage, and I had to lay it on its side to be stable on the bathroom scales (don't tell SWMBO). Quite a bit of oil came out, so I have a slimy, oily tarpaulin with a big gear lever now sticking out.

My only thought is to send an email with a deadline and then refund the money, but the whole thing is a complete pain.

[www.GymRatZ.co.uk]

A quick google throws up the following page...

[Nightjar]

You have entered into a contract to supply that laptop to that person and are bound to do so unless you can demonstrate a breach of terms by the other party sufficient to allow the termination of that contract. However, even if you can do that, you are not entitled to keep the money.

In theory, you could then sue the buyer for damages incurred by the breach of contract, but in practice, that is probably not going to get you much, as you can only recover any actual loss incurred and I don't see any here.

If you want to sell the laptop again, you need to contact the buyer, set a reasonable deadline for collection, say two weeks, and state specifically that, if it is not collected within that time, you will view the sale as void and will refund the money.

Colin Bignell

[Dave Plowman (News)]

In article , Nightjar If you want to sell the laptop again, you need to contact the buyer, set

Aren't you entitled to charge for storage after a reasonable time? Such things have a value.

[dom]

Is this person staying in touch with you, and have they explained the delay?

I bought an industrial sewing machine for my GF, from a chap in Bristol. Almost immediately afterwards I found out that I had damaged a lumbar disc and was unable to drive, and it was 7 months before I was able to get down there and collect it (though I paid promptly via paypal).

I'm very grateful to this chap for bearing with me for quite so long.

Things do happen, and sometimes people have good reasons - maybe you buyer has lost their job and is in dire financial circumstances - maybe they're just a lazy arse.

For the former, I would give them all their money back, and wish them luck in getting through some difficult times - the latter I would send back the remainder of the money, less my costs.

[Tim Streater]

Can you charge 20% for restocking?

[Nightjar]

It is possible to include a provision to that effect in a contract, but, assuming the buyer had not actually had to pay to store the item, I doubt that an attempt to impose a charge that the buyer was not aware of before the storage took place would stand up in Court.

Colin Bignell

[Nightjar]

Yes, provided it is a condition of sale and is not for a distance sale to a consumer.

Colin Bignell

[ARWadsworth]

So how do you work out if the buyer is a lazy arse or not?

[tim....]

You can, but for such a small item you are going to be talking 5p per week

tim

[ARWadsworth]

Don't you have pikeys where you live? I'd give a gearbox on my path 2 days at most.

[The Natural Philosopher]

Or, in fact, dead?

[cj]

There may be a very good reason for this but if as you post the buyer only lives a few miles away could you not take the laptop to them asking for a small cost for fuel before parting with it.Or ask a trusted friend . I know its a pain but may answer a lot of questions. Just a thought. CJ