Uncollected Computers - Legality of selling them on?

  • Thread starter Thread starter Simmy
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This is the claim ticket I give them when they drop off their computer or I pick it up. A smaller version with just the barcodes and number is attached to each thing they give me (e.g. case, cords, CD's, monitors, etc.). I have no idea what the laws are in my state because you can't get a clear answer from anywhere.

I just decided in my terms to do it this way: After 30 days, they get a retroactive $3/day storage fee starting from when the work was finished. After 90 days they sell it to my company for the outstanding balance of their account. Which, after the initial charges, the storage fees and late fees, would probably balance out anyway. ($120 original ticket, $270 storage fees, $97.41 in late fees = $487.41 total due at 90 days. Average 1 year old desktop computer has a value between $457-475.)

I just see it this way... If they gave you their computer, you can prove they gave you permission to take custody of it (you really should have that in writing) so they can't say it was theft. If they haven't claimed it after 90 days, you sell it. They turn around and sue you, you file a counter suit against them for the account balance. If their computer is the average one as pointed out above, the judge will pretty much call it even and enter judgment for you if they owed more than it was worth, or you cut them a check for the small difference.


How did you do that label? I love this concept.
 
IRight on the waiver I make customers sign when they drop-off I have a line which reads: "Any and all hardware left unclaimed at Data Medics longer than 90 days will be deemed abandoned and may be disposed of, recycled or sold at Data Medics sole discretion.".

I usually still wait a year before I do anything, just in case they are on an extended vacation or something. But, then I'm not storing whole computers, just hard drives. I've got a few shelves full of unclaimed HDDs, so I can only imagine if they were all computer towers it'd take up a full room.
 
My state requires a certified letter sent 30 days before recycling, selling etc. Better to check your laws, there is almost always some legislation on how to handle abandoned property and waivers will not protect you when you don't follow the law.


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I dont know about the UK, but here in the US (Texas) we follow the laws which state any property abandoned after 30 days becomes the property of the holder.

This is exactly whats in my terms and what the customer signs when we accept a job:

Abandoned Property
All services must be paid in full before your property leaves our shop or prior to technicians departure from your location.

Due to storage restrictions, we will store your property up to 30 days from the date we contact you to pick up your property. After that time, if we have not heard from you, we will consider your property abandoned and you agree that ownership of the property will be transferred to Your PCMD. We cannot guarantee that your property will not be discarded after the initial 30 day period, so it is critical that you pick up your property on time or make arrangements with Your PCMD to store your property until you can pick it up. Your PCMD reserves its statutory and any other lawful liens for unpaid charges.

If you've not obtained property within 5 (five) days after notification, a storage charge of $2/day will be accessed for each day thereafter in addition to the original service charge.
 
Useful information, thank you Nigel. We had a similar one here a while back that I posted about. It was actually collected in the end; I had to retrieve it from the "for spares" box when the customer came in. Shame really as I could have sold the parts from it several times over since :)
 
In Australia the "law" is very specific. https://www.accc.gov.au/business/treating-customers-fairly/consumers-rights-obligations
Under the Australian Competition and Consumer Act 2010, there are certain consumer guarantees that must be adhered to or very stiff penalties apply.
Misleading consumers about their rights can have serious consequences.
These laws are very similar across Australia so it would be prudent for everyone to read the Act to be familiar with current laws.
Just sayin.......
 
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