Abandoned Goods

[sunny-dave]

A legal opinion, please :

We have recently completed a bathroom refurbishment - the plumbers merchant supplying the sanitary ware have been a nightmare to deal with (late delivery, incorrect and/or damaged goods, etc).

At the end of the job there are €350 worth of incorrectly delivered goods stuck in our hall. We've had a full refund for this stuff and requested the company to collect their property. Despite me making two phone calls to remind them and then sending an email, they have failed to even arrange the collection, let alone actually pick up the items.

We have visitors arriving next week, and gness really doesn't want a spare toilet in the hall to welcome them.

Can I just send another email giving an ultimatum that we will regard the goods as being abandoned if not collected by [insert date here] and then either sell or give away the unwanted goods?

What other options do we have?

Thanks

Dunny Save xx

[Bazile]

gness
Like the Americans saying they are just popping up the road .

100 miles :-)

[Barmaid]

In the UK this would be covered by s12 Torts (Interference with Goods) Act 1977. I do not know if you have similar legislation.

[gness]

Exactly! Only here it's a winding road over the mountains.

[gness]

I've just been looking at legislation, BM without success yet. I've just sent them an email, again, saying I want it removed by Friday or I'll have to take legal advice, which I will.
We can't sell or give away really as the seat and cistern don't fit the toilet pan and the cistern fittings don't fit the cistern. :-)
I'd turn the pan into a planter but we're left with other stuff to dispose of which is very costly here.
A friend is building a road not far away. Perhaps he'd bury it for us. ;-)

[THECORBYLOON]

Is there not an Irish version of Citizens Advice you can contact?

[gness]

I'll look at that, Corby. Failing that our solicitor gives advice, signs forms etc. in exchange for a pint in his brother's pub....one of the joys of village life. :-)

[Peter Pedant]

// arguably, dave didn't solicit the wrongly delivered goods, only the right ones.//

yes arguably - under the old 1893 it would turn on
did he order - one lavvie pan
or
that pretty pink fing wiv flowers on it suitable for a laydee

a wee point I wished to make but Dave might think I was er piddling around ( sozza)

[Peter Pedant]

s12 Tort Interference of Goods
can someone tell me what that means

He can give notice and then sell ?
or he can give notice but cant sell ?

does s 12 give Dave n Gness rights
or the builder - - does he get rights?

or as a lawyer might say - very good point which has not been settled....

[Peter Pedant]

oh and thank you bar maid
a bit after my time at uni

[Barmaid]

You could stick in the middle of the nearest windswept bog and once the visitors have outstayed their welcome explain that the internal facilities are out of order but they are welcome to visit the al fresco alternative?

[gness]

Made me smile, BM and reminded me of the Shebeen our friends built during lockdown. On the veranda is a toilet pan for ladies and two pieces of pipe nailed to the fence, one large and one small for the men. Both with gorgeous views over the bay. :-)