Discussion
singlecoil said:
sherman said:
Ruttager said:
sherman said:
They had probably written the wine off until you got in touch with them and now know that the wine is in your possession so can bill you if it now goes missing again.
If you have arranged for it to be picked up on a day convenient day for you, why would you be an arse and happen to be out when they are coming to pick the wine up when you want?
Basically if you had said nothing you could of had a free case of wine as there is no receipt of delivery. You should have just enjoyed the wine and stayed quiet.
Also it may be worth contacting the previous home owner if you have their address and tell them to change their delivery address with the wine company.
I'm not going to be an arse and go out just to spite them. I just don't know my Saturday plans. If you have arranged for it to be picked up on a day convenient day for you, why would you be an arse and happen to be out when they are coming to pick the wine up when you want?
Basically if you had said nothing you could of had a free case of wine as there is no receipt of delivery. You should have just enjoyed the wine and stayed quiet.
Also it may be worth contacting the previous home owner if you have their address and tell them to change their delivery address with the wine company.
Edited by sherman on Monday 29th June 14:40
Many years ago I left the UK, house up for sale, cancelled the tv rental (remember that?) they arranged to collect and didn't. Some months latter I was in the UK and had to visit the house prior to sale finalization, so I told the tv people I would be there at a certain time on a certain date and they could collect, they refused as not convenient, I sent a registered letter saying they had notice and their their property was on my premises without my agreement and would be removed from the premises and if they collected it well and good but it would be removed on that date at that time. They turned up and collected, not certain of the legal stance but it worked in the real world. I would tell them it is going outside your boundary at 12 noon Saturday and if they aren't there it goes anyway, I may then make a separate call to a mate to pass by at that time.
It is interesting that the average law abiding PHer goes all Del Boy have it away on your toes when something like this occurs.
The OP is what is technically known as an involuntary bailee of the wine. Bailment is the area of law that deals with holding property belonging to another. The OP has to take reasonable care of the goods. He could charge a reasonable storage cost.
The company showed poor PR skills by getting grumpy, but was entitled to point out that the OP would become liable for the value of the wine if disposed of or retained by him.
The OP is what is technically known as an involuntary bailee of the wine. Bailment is the area of law that deals with holding property belonging to another. The OP has to take reasonable care of the goods. He could charge a reasonable storage cost.
The company showed poor PR skills by getting grumpy, but was entitled to point out that the OP would become liable for the value of the wine if disposed of or retained by him.
Edited by anonymous-user on Tuesday 30th June 08:41
lbc said:
Those Betterware catalogues are a real pain as they expect you to leave them outside,
which means that everyone passing by knows you are not at home.
I have not had any recently, but I never used to leave them outside and they always ended up in the bin.
I always put it outside the house, normally within a minute or two of finding it because thats where the recycling goes.which means that everyone passing by knows you are not at home.
I have not had any recently, but I never used to leave them outside and they always ended up in the bin.
Breadvan72 said:
ofcorsa said:
I always thought Bailment was by prior agreement?
It often is, but you can become an involuntary bailee.Edited by Breadvan72 on Tuesday 30th June 08:44
We were expecting a heating oil delivery once, after a few days of being late, I asked the neighbour "oh they were here on the day you said , but they filled up the other neighbours tank"....Turns out they turned up in a rush , stuck 500 litres (£300) in our neighbours tank! We are an office, with our business name as the client. The neighbour is a tiny cottage.
I phoned them up, checked with them and the neighbour, sure enough that's what happened. Left it with them, after another day, I phoned back to be told "once your neighbour has agreed to let us have the oil back we can deliver to you again, as the charge is outstanding on your account"! Cheeky feckers treating their mistake as our issue. I told them I wanted another delivery now and their poor delivery skills were nothing to do with us, sure enough finally we had it delivered.
It could have been worse if the neighbour used a specific type of oil, could have knackered their boiler (unlikely) . After about six months I saw two men with manual pumps and swearing lots manually pumping out 500 litres from the neighbours tank! Turned out the Oil company had demanded that the neighbour paid for the oil they never wanted, neighbour asked for a discount, was told NO. Neighbour said "no thanks we have budgeted for oil and need no more" . Oil company then had to send out two blokes, two pumps and a tanker, all in all cost more than the £300 of the oil!, six months after they wrongly delivered it.
Not sure how it helps OP, but still makes me laugh how poor certain companies are!
I phoned them up, checked with them and the neighbour, sure enough that's what happened. Left it with them, after another day, I phoned back to be told "once your neighbour has agreed to let us have the oil back we can deliver to you again, as the charge is outstanding on your account"! Cheeky feckers treating their mistake as our issue. I told them I wanted another delivery now and their poor delivery skills were nothing to do with us, sure enough finally we had it delivered.
It could have been worse if the neighbour used a specific type of oil, could have knackered their boiler (unlikely) . After about six months I saw two men with manual pumps and swearing lots manually pumping out 500 litres from the neighbours tank! Turned out the Oil company had demanded that the neighbour paid for the oil they never wanted, neighbour asked for a discount, was told NO. Neighbour said "no thanks we have budgeted for oil and need no more" . Oil company then had to send out two blokes, two pumps and a tanker, all in all cost more than the £300 of the oil!, six months after they wrongly delivered it.
Not sure how it helps OP, but still makes me laugh how poor certain companies are!
Impasse said:
Breadvan72 said:
ofcorsa said:
I always thought Bailment was by prior agreement?
It often is, but you can become an involuntary bailee.Edited by anonymous-user on Tuesday 30th June 08:44
Thanks for all the info. As it stands, I've contacted the company telling them that I'll definitely be in Saturday before midday but there is a good chance that I will be out in the afternoon (beer festival up the road). I've told them to give the courier my number then if they don't arrive in the morning I can leave the wine somewhere safe and tell them were it is when they call. I think that's pretty fair?
Breadvan72 said:
Not so on the facts of this case. The OP took the wine in, and has taken on a duty of care. Also, if the consignor leaves goods on step and they are pinched, it is the consignor's problem. If OP leaves goods on step and they are pinched, it's his problem.
That's frustrating. 
Impasse said:
Breadvan72 said:
Not so on the facts of this case. The OP took the wine in, and has taken on a duty of care. Also, if the consignor leaves goods on step and they are pinched, it is the consignor's problem. If OP leaves goods on step and they are pinched, it's his problem.
That's frustrating. I was wondering about this as I have had an amazon delivery for someone I have never heard of at my address (never had post for this name before).
The only reason I signed for it was its was fathers day weekend and other half said she had order something for me but it hasn't arrived and she had been on the phone earlier complaining and got a refund. Then delivery driver turns up and I got all excited and signed
for it without reading it. Checked with a a neighbour and he didn't recognise the name and cant find that surname in my road.
I was wondering what to do with it. They don't seem that bother as they once sent me two of the same after one disappear for 10 days I got two in a couple of days of each other. Since the item isn't addressed to me do I commit an offence hanging on to it.
Also as look would happens I did get the fathers day present on tuesday and she has had the refund
The only reason I signed for it was its was fathers day weekend and other half said she had order something for me but it hasn't arrived and she had been on the phone earlier complaining and got a refund. Then delivery driver turns up and I got all excited and signed
for it without reading it. Checked with a a neighbour and he didn't recognise the name and cant find that surname in my road.
I was wondering what to do with it. They don't seem that bother as they once sent me two of the same after one disappear for 10 days I got two in a couple of days of each other. Since the item isn't addressed to me do I commit an offence hanging on to it.
Also as look would happens I did get the fathers day present on tuesday and she has had the refund
stuart313 said:
Some idiot shoved one of those Betterware catalogues through my door once and then came and asked for it back a few days later. He reckoned I owed him a quid because it went in the bin. What a w
ker.
I've had that conversation, without the demand for money - I just told them that I don't examine junk mail closely before it goes in the bin.ker.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff