What are the laws on items left on our property?

malfunkshun · 13 Jul 2007 at 18:29

Craig321 said:
Yup

I have told Citylink, they said all I need to do is wait for the shop to come pick it up. So I guess they'll inform them.

In an ideal world. What will most likely happen is that either, Citylink will submit the POD for the lost item to the retailer when the retailer tries to claim for it from Citylink, and then the retailer will contact you, depending on who it is they might try and bill you for the lost item. Or, you can contact retailer, tell them it has turned up and ask them to get it collected asap.

MeatLoaf · 13 Jul 2007 at 19:32

What is the item?

Glaucus · 13 Jul 2007 at 19:34

did you order it?

if it's just a completely random parcel, with your name on it. Then it is a gift and as such can keep it.

Ricochet J · 13 Jul 2007 at 19:35

MeatLoaf said:
What is the item?

They told you already. A child!

Freeman · 13 Jul 2007 at 19:38

Computer components were ordered, they were then 'lost' by Citylink. The online retailer then resent the order to Citylink. The new order arrived. A day later the 'lost' package arrived, meaning there are now 2 sets of computer components at the address. If Citylink do not collect the extra 'lost' package after say a month, what happens? It takes a lot of space so it's not convenient to keep it as it is for long. Citylink have been notified about it.

malfunkshun · 13 Jul 2007 at 19:46

Freeman said:
Computer components were ordered, they were then 'lost' by Citylink. The online retailer then resent the order to Citylink. The new order arrived. A day later the 'lost' package arrived, meaning there are now 2 sets of computer components at the address. If Citylink do not collect the extra 'lost' package after say a month, what happens? It takes a lot of space so it's not convenient to keep it as it is for long. Citylink have been notified about it.

Yeah but you have no contract with Citylink, the retailer does. To be fair, if you had a good idea of what was being delivered the second time you should have refused to accpept it. It is ultimately your responsibility to inform the retailer that the lost package has arrived. There will be a point where the retailer tries to bill you for the second delivery. The stock error will be found, with ease, at the retailers, who will contact Citylink. Citylink will say they delivered the lost item, and be able to prove it with the POD. At which point, since you havent attempted to arrange for the retailer to collect it wouldnt be entirely unreasonable for them to bill you for it.

Glaucus · 13 Jul 2007 at 19:48

ignore city link, phone the retailer and inform them.

Millwall.FC · 13 Jul 2007 at 19:48

just think, some poor sods delivery never arrived

tom_e · 13 Jul 2007 at 19:57

Millwall.FC said:
just think, some poor sods delivery never arrived

Have you read the bit saying it was a lost item that was resent

Millwall.FC · 13 Jul 2007 at 19:58

blitz2163 said:
Have you read the bit saying it was a lost item that was resent

i missed the resent bit

encephalopathy · 13 Jul 2007 at 20:13

was it transporter or transporter2 where his motto was 'don't look in the package'

he did

and look what happened......

cheets64 · 13 Jul 2007 at 21:23

Just keep it, its not like it will dent the profits of the company, and ****link deserve it for cutting corners all the time.

_PD_ · 13 Jul 2007 at 21:30

Phone or e-mail the retailer and just say that you have a package that needs collecting due to a mistaken delivery. Explain it in a long-winded way, and emphasise that you aren't in the house much and it will cost them to collect it. Generally explain things in such a complex way that they give up on you and put the phone down.
Keep it under the stairs for a month, and if no-one has turned up, ebay it.

Craig321 · 13 Jul 2007 at 21:32

malfunkshun said:
Yeah but you have no contract with Citylink, the retailer does. To be fair, if you had a good idea of what was being delivered the second time you should have refused to accpept it. It is ultimately your responsibility to inform the retailer that the lost package has arrived. There will be a point where the retailer tries to bill you for the second delivery. The stock error will be found, with ease, at the retailers, who will contact Citylink. Citylink will say they delivered the lost item, and be able to prove it with the POD. At which point, since you havent attempted to arrange for the retailer to collect it wouldnt be entirely unreasonable for them to bill you for it.

The parcel is noted as lost. On the Citylink tracking website it still says undelivered. When the parcel was first lost Citylink contacted the retailer. So the package I've got doesn't really exist according to the retailer and Citylink, so I don't think they'll try charge me.

Are there any official law pages that state what must be done when something like this happens?

encephalopathy said:
was it transporter or transporter2 where his motto was 'don't look in the package'

he did

and look what happened......

That was in the first one

I didn't look in the package, I just know what it is

Ironic Namesake · 13 Jul 2007 at 21:34

I had a collection from CityLink today, and the reference for the collection before was Overclockers.

Not that this is in any way related, but wasn't worthy of a thread

fini · 13 Jul 2007 at 21:38

Craig321 said:
With squatting you can stay there for something like 12 years and the house/building becomes yours

Wrong. It's ten years and there has to be adverse possession. Even then you need to apply to the land registry to have the property changed over to your name. At that point they contact the real owner and only if they do not reply or reply with 'they can have it' is the property changed over to the new persons name.

Energize · 13 Jul 2007 at 21:47

Craig321 said:
Hi,

Basically an online shop has left an item here, we have told Citylink (no the company isn't Overclockers ) and they said the online shop people will come and pick it up.

If these people don't come pick up their item where do I stand? Is it like squatting where if it's here for a certain amount of time it legally becomes mine?

Can anyone link me to some legal sites explaining this please?

Thanks,
Craig.

Next time provide more information, your post makes it sound like someone randomly left a pracel at your house, which under the solicitated goods act you would be entitled to keep.

If after 30/60? days of informing the retailer they still haven't collected it you can keep the item.

Explicit · 13 Jul 2007 at 21:51

Craig321 said:
The parcel is noted as lost. On the Citylink tracking website it still says undelivered. When the parcel was first lost Citylink contacted the retailer. So the package I've got doesn't really exist according to the retailer and Citylink, so I don't think they'll try charge me.

Are there any official law pages that state what must be done when something like this happens?

Realistically what you're asking in this thread is whether there is anyway you can keep the 'lost' item even though you have received a replacement and only paid for one item.

Just do the honest thing and inform the retailer. Tell them the 'lost' package has been traced and delivered to your address. Also tell them to arrange collection.

Btw, did you sign the delivery note for the 'lost' package?

Like malfunkshun said, sooner or later the retailer will do a stock check and discover the loss. Citylink are basically going to say they found the lost package and delivered it to you. You will have to pay for it, there's no such thing as a free lunch.

Craig321 · 13 Jul 2007 at 21:55

Explicit said:
Realistically what you're asking in this thread is whether there is anyway you can keep the 'lost' item even though you have received a replacement and only paid for one item.

Just do the honest thing and inform the retailer. Tell them the 'lost' package has been traced and delivered to your address. Also tell them to arrange collection.

Btw, did you sign the delivery note for the 'lost' package?

Like malfunkshun said, sooner or later the retailer will do a stock check and discover the loss. Citylink are basically going to say they found the lost package and delivered it to you. You will have to pay for it, there's no such thing as a free lunch.

I will do the honest thing, I never intended to purposely keep the parcel hidden from the retailer.

What I was asking is, after I have told them, if they don't come and pick it up, how long is it before I get to keep it legally?

Sorry I didn't explain it better first time everyone

Thanks,
Craig.

Explicit · 13 Jul 2007 at 22:44

Craig321 said:
What I was asking is, after I have told them, if they don't come and pick it up, how long is it before I get to keep it legally?

Ah, you should have phrased it like that in your original post.

The answer is: there is no specific time frame. Here's how it works:

You have a duty to take reasonable care of the goods whilst they remain in your possession. You will be liable for any damage caused to them whilst they are in your possession.

Before you can keep or sell the goods, you must serve two notices on the seller to collect the goods (basically you write two identical letters and post them by recorded delivery - very important. For evidence purposes, I recommend you also keep a copy for yourself).

-The notices must state that the seller is responsible for collecting the goods.
-You must also state details of where the goods are kept, including your name and address.
-You must give the seller a reasonable amount of time to collect the goods, e.g. 3 months (state this time frame in the notices).
-State that you intend to sell the goods if they are not collected within the time frame given.
-You may also state reasonable storage charges, if any.

If the seller has not collected the goods after lapse of the time frame given in the notices, you are legally entitled to keep the goods or sell them.