Can someone dispose of an item that does not belong to them after a set amount of time?
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My partner used to make decorative items for sale such as stained glass gifts and mirrors. She sold them through a local shop which specialised in selling work by local artists. About 7 years ago she made a large mirror which was priced at £800 (highly decorative and had light fittings to the sides!) This item never sold and was put into storage under the main shop (but was available still for sale if anyone asked for a similar item) Time moved on and my partner remarked several times about us going in to ask whether they wanted us to collect it or whether anyone had shown any interest in it. We went in today and the owner told us she no longer owns the piece. The assistant serving in the shop said they had "had a big clear out" and that all old items had "been given away to charity or sold" When we asked the owner where the item had ended up or had been sent she refused to tell us and became verbally aggressive. I thought it reasonable to say my partner had a legal right to know what had happened to it but she again refused to tell us and told us to "f*ck off" "get out of her shop" We were really upset by this as it came from out of the blue! The owner claims the item was left in her shop for 10 years (my partner believes it was 7) and that she'd had ample time to come and claim it if she'd wanted it. She also claimed to have called my partner to ask if she wanted the item, but when asked about when this was she could not tell us. Am I right in thinking that (despite it being somewhere between 7-10 years) she should still legally have made reasonable efforts to contact my partner before 'disposing' of this item? My partner has not moved house or changed mobile phone numbers during the last 10 years (the sales woman in the shop told us she'd personally sent out 6 letters to all sellers prior to the disposal of items, but later told us they were unable to contact her as they no longer had any current details of sellers due to updating their records!) Please can I have some advice on this? Many thanks x
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Answer:
Where such an arrangement exists, it is reasonable to suppose that the shop is the "agent" and as such, a contract exists between the vendor (agent) and client (your partner). Such terms and conditions are usually dictated by the agent or vendor. One would need to establish what terms and conditions were applicable at the time of deposit. If these terms have changed, the vendor should need to notify you in writing of such changes and provide reasonable opportunity for collection. It is not unreasonable to expect the vendor to retain a copy of such documentation, even after this time. I should suggest that any further communication is conducted in writing and with the aid of a solicitor.
Ruth Morley at Yahoo! Answers Visit the source
Other answers
Well how do you know she disposed of it and didn't sell it? Tell her that you may subpoena her records to find out the truth. If she donated it, then you need something from the charity that states that. Now I do know that if you leave something at someone's house (say you were living together, moved out and left stuff behind) that person has the right to throw it out after a certain amount of time, I'm not sure if it works the same way with business. Also, if you wanna dig a little deeper, if you're planning on taking her to court, you can dig in her phone records to see if she really did call you...if it's too hard to dig in her phone records, then just search through yours, if she called, it should be there.
Lovin_Luv
No, you are not right in thinking any such thing. If you leave something in the shop for an extended period of time, and it really does not matter whether it was 7 years or 10, the shop keeper may be entitled to consider that you have abandoned those goods. In that case, (s)he is entitled to dispose of the item in any way (s)he pleases. The shop is not a free storage area for unsellable goods. The item was your partner's. It was your partner's responsibility to inquire within a reasonable time period as to its fate. 7 or 10 years is definitely NOT reasonable time span to expect an item to be sold. If you just leave it there for years and never visit the shopkeeper to ask, you cannot expect the shop keeper to store your stuff indefinitely, regardless of its alleged value. If you showed up in my shop 7 or 10 years after the fact and started mouthing off at me about your legal rights, without having a clue what those rights really are, I would probably tell you the same thing as the shop keeper did. In any case, it would not be a fond fare Thee well.
knotter
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