Unwanted goods left by delivery company - can we sell?
Discussion
A playgroup that hires our hall ordered a large outdoor climbing frame, which was delivered several months ago. Three weeks ago, another climbing frame was delivered to our premises without warning, especially as nobody had ordered it. It turns out the company has a reputation for getting orders wrong, sending them to the wrong customers, or sending out orders multiple times. The delivery company simply carried it in, dumped it in the entrance and had someone sign for it (they couldn't have known if we were expecting it or not, so had to accept it).
Once we established that nobody at our end had ordered it, we contacted the supplier to have them to take it away again. Unfortunately, it comes in two very large boxes that require a small lorry so moving it ourself is pretty much out of question. Despite contacting the company several times over the past two weeks, still nobody has come and collected it.
Hence can any legal experts tell us where we stand? Could we sell it (or at least realistically threaten to)? Can we charge them storage? Any other options to get rid of it that won't leave us out of pocket?
Once we established that nobody at our end had ordered it, we contacted the supplier to have them to take it away again. Unfortunately, it comes in two very large boxes that require a small lorry so moving it ourself is pretty much out of question. Despite contacting the company several times over the past two weeks, still nobody has come and collected it.
Hence can any legal experts tell us where we stand? Could we sell it (or at least realistically threaten to)? Can we charge them storage? Any other options to get rid of it that won't leave us out of pocket?
ninja-lewis said:
Hence can any legal experts tell us where we stand? Could we sell it (or at least realistically threaten to)? Can we charge them storage? Any other options to get rid of it that won't leave us out of pocket?
Put them on notice by letter and fax, both the supplier and the courier company, that if its not collected by Xth, that you will leave the boxes outside on the pavement. They aren't your responsibility at the end of the day. Not sure whether you can charge rent, but you can most certainly not sell them as they don't belong to you.
Does the delivery paperwork have your name and address on it?
If not, you can legally deny ever having received them.
It's up to the delivery company to prove that they've delivered to the correct address in the event of a claim. If the driver admits he's made an error and delivered to the wrong address (i.e yours) then they've failed rule number 1 and are screwed.
There's no comeback on you, providing you deny all knowledge and don't put the thing up outside the building.
This is a bit unscrupulous, and I wouldn't advise plastering it all over E-Bay (some companies watch E-bay to make sure their products don't turn up on it) but technically what's to prove you've got it apart from a random signature that could be anybody's?
If the paperwork does have your address on it that's a different matter. Contact the delivery company, tell them what's happened. Give them a week to collect otherwise the merchandise will be left outside the front door for them/the local pikeys.
If not, you can legally deny ever having received them.
It's up to the delivery company to prove that they've delivered to the correct address in the event of a claim. If the driver admits he's made an error and delivered to the wrong address (i.e yours) then they've failed rule number 1 and are screwed.
There's no comeback on you, providing you deny all knowledge and don't put the thing up outside the building.
This is a bit unscrupulous, and I wouldn't advise plastering it all over E-Bay (some companies watch E-bay to make sure their products don't turn up on it) but technically what's to prove you've got it apart from a random signature that could be anybody's?
If the paperwork does have your address on it that's a different matter. Contact the delivery company, tell them what's happened. Give them a week to collect otherwise the merchandise will be left outside the front door for them/the local pikeys.
Edited by Muzzer on Monday 11th August 16:58
MonkeyHanger said:
good grief! superb bit of advice! beats my "don't sell it cause its not yours" rubbish lol911mot said:
I wouldnt think the delivery company want to get involved, after all it isn't their climbing frame either.
Can you not persue the original playgroup that ordered it to your address (and have presumably paid for it)?
That's the problem - they've already got the one they ordered and paid for. The supplier has then sent out a second one out of the blue.Can you not persue the original playgroup that ordered it to your address (and have presumably paid for it)?
MonkeyHanger said:
Perfect, just what we need. 
tinman0 said:
MonkeyHanger said:
good grief! superb bit of advice! beats my "don't sell it cause its not yours" rubbish lol
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