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Am i being unreasonable ?
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DG
Site Moderator 


Member Since: 12 Dec 2005
Location: The Gaff
Posts: 50979

Wales 

The test is what is reasonable:

He said it was duff and sent it back : reasonable

You test it - its ok - you attempt to contact him to return : reasonable

You store it and then try to make contact again with no response :reasonable

You peel it with your metal knives : Reasonable

Boil it up for 20 Cypriot minutes : Reasonable

Then you smash it all to bits : Reasonable

Then 3.5 light years later he asks for it back : Unreasonable

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 21 year LR veteran > D2 GS 2003 > D3 S 2006 > D3 HSE 2009 > D4 HSE 2013 > D4 HSE 2015 > D5 HSE 2018 > DS HSE R-Dynamic P300e 2021  
Post #103311711th Jan 2013 7:06 pm
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DSL
Keeper of the wheelie bin 


Member Since: 11 May 2006
Location: Off again! :-)
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Ukraine 

Now that's showing your age Rich. Laughing Laughing

  
Post #103311911th Jan 2013 7:09 pm
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dangerdave
 


Member Since: 23 Nov 2010
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Post #103312611th Jan 2013 7:15 pm
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DSL
Keeper of the wheelie bin 


Member Since: 11 May 2006
Location: Off again! :-)
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Ukraine 

Luckily don't remember any of those. Mr. Green
  
Post #103313211th Jan 2013 7:23 pm
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dangerdave
 


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Post #103314111th Jan 2013 7:29 pm
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DSL
Keeper of the wheelie bin 


Member Since: 11 May 2006
Location: Off again! :-)
Posts: 73121

Ukraine 

Nope, and don't remember old money and b&w TV. Whistle

And once more DD has taken us waaaaaaaaay off track. Rolling Eyes Laughing
  
Post #103314511th Jan 2013 7:32 pm
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bellautos
 


Member Since: 02 Feb 2006
Location: NorthYorkshire
Posts: 2532

United Kingdom 2010 Discovery 4 3.0 TDV6 SE Auto Santorini BlackDiscovery 4

I think that the 40 euro bill with storage fees charged after months of having it on a shelf waiting to here from him and any interest charged on non payment of the inspection invoice allong with him not contacting you at all no matter your efforts for 3.5 years warrants disposal at your descretion with out a doubt.

Afterall, how long does a customer expect you to hold in storage a non paid for repair/inspection until they decide they may want it again or have the 40 euros spare to pay the invoice ?

I think after 12 months of non contact I would have disposed of it as well!

RE disposal and not reselling it thats been mentioned in another reply. I understand this fully and agree with you disposing of it by parts salvage only and not resale, no matter how new looking an item is you cant sell it as new if its not, so salvage was its best and only option to recover your outstanding inspection invoice and any interest and storage fees owed.

Pete
  
Post #103324811th Jan 2013 10:27 pm
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MarkOne
 


Member Since: 23 Jul 2011
Location: County Antrim
Posts: 3345

Scotland 2014 Discovery 4 3.0 SDV6 HSE Lux Auto Corris GreyDiscovery 4

Wise words from Pete there, think that sums it up well.
  
Post #103324911th Jan 2013 10:30 pm
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WOODY179
 


Member Since: 01 Jun 2005
Location: Chesterfield
Posts: 3655

United Kingdom 

It sounds reasonable to me that the unit was disposed of, however whether this was legal would depend on a few factors. If the contract did not state how much the storage fees would be, then legally I'm not sure they could be applied. I have had to deal with something similar to this - okay 10 years ago so things may have changed and of course we are not talking about UK law either, the only difference is that the company I worked for at the time never went after storage fees - basically because they were not detailed in the contract. The other aspect that was advised by the company solicitor was that a registered letter had to be sent to the customer's last known address telling them that the unit would be disposed of but giving them a reasonable number of days to reply in.
  
Post #103326511th Jan 2013 10:50 pm
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Discotres
 


Member Since: 25 Jan 2010
Location: London
Posts: 8491

Scotland 2009 Discovery 3 TDV6 GS Manual Stornoway GreyDiscovery 3

I think if I spent so much on something and found it didn't work and then had to send it back from Australia at my cost, meaning I must genuinely have thought something was wrong, only to be told it had been checked and was fine but you owe me 40 Euros for my time, well I would be Censored off too!

No excuse though for not calling or emailing to discuss the matter with the vendor, but we only have one side of the story, would love to hear the other as there must be more to it Wink

I think charging 40 Euros was not the best example of after care, but then that is just my view Wink
  
Post #103326711th Jan 2013 10:54 pm
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countrywide
 


Member Since: 16 Sep 2007
Location: UK
Posts: 6019

United Kingdom 2016 Discovery 4 3.0 SDV6 Graphite LE Auto Unknown ColourDiscovery 4

As far as I know, you need to contact them twice, first is notice that it's repaired and awaiting payment/collection. The second is to give a deadline when they have to be collected.

Once this "reasonable" time has passed then you can dispose of or sell the item. You should keep the money for 6 years and give it to the previous owner less costs etc if he turns up in that period.

If it were me I would offer a discount on a new unit to the value of the spares you used, which seems a fair offer. I think in anybodies book 3 years plus is a reasonable length of time before disposing of it.
  
Post #103327111th Jan 2013 11:01 pm
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countrywide
 


Member Since: 16 Sep 2007
Location: UK
Posts: 6019

United Kingdom 2016 Discovery 4 3.0 SDV6 Graphite LE Auto Unknown ColourDiscovery 4

Discotres wrote:


I think charging 40 Euros was not the best example of after care, but then that is just my view Wink


Who pays for the person who has to test it though, a inspection fee if no fault is almost standard across all industries to be honest.
  
Post #103327311th Jan 2013 11:04 pm
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Discotres
 


Member Since: 25 Jan 2010
Location: London
Posts: 8491

Scotland 2009 Discovery 3 TDV6 GS Manual Stornoway GreyDiscovery 3

Well I wouldn't, but that's me, Apple give you 90 days help and support, I would have thought a forum member would have been treated better and helped out, lesson learnt Wink
  
Post #103327511th Jan 2013 11:14 pm
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hotrocks
 


Member Since: 05 Jan 2010
Location: England
Posts: 467

United Kingdom 2009 Discovery 4 3.0 TDV6 XS Auto Siberian SilverDiscovery 4

I have on occassion had a similar situation, we usually send a letter telling them that if the item is not collected within 14 days it will be disposed off - then we sling it!

This usually results in some contact and collection.

We are not a storage unit and space is limited.

I think you did well to hold onto it for so long with no contact, I would tell them to stick it and take their chances with the local courts Whistle
  
Post #103327611th Jan 2013 11:18 pm
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chalky
 


Member Since: 21 Aug 2008
Location: Yorkshire
Posts: 3145

England 2007 Discovery 3 TDV6 XS Manual Tonga GreenDiscovery 3

I think it's fair and reasonable to carry out an inspection, no fault found only leads me to believe the kit is as robust as other forum members report, €40 is neither here or there especially when the unit was offered at a discounted rate initially ?

To leave it 3 years is taking the P!$$ Shocked
Then asking for it back ? What did he expect, oh yeah I remember you....... It's been sat here waiting ! I wondered when you were gonna call.......

Shocked

It's true that we haven't heard both sides of the story but unless you're flux capacitor needs plugging in and clearing down 3 years is 3 years ! Time traveller or not,
Illness may also bear some relevance, but for 3 years......

He's probably done a 3 stretch, out on good behaviour and just crossing things off his my name is Earl list Confused
 Only dead fish go with the Flow !  
Post #103327711th Jan 2013 11:29 pm
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