Disposing of monitor.

  BRYNIT 22:32 01 Sep 2006

I have a Sony 17" SDM-X75K monitor (working) awaiting collection by supplier. The monitor was a prize win but found to be a used monitor when arrived.

Beginning of July I received a new 19" SDM-X95K monitor to replace the used one. After sending three e-mails the last one sent on the 17/08/06 indicating that If I do not receive communication within the next 14 days I will assume you require me to dispose of the monitor at my discretion.

Do I have the right to dispose of the monitor as it is now over 14 days or will I need to send a recorded letter.

  sean-278262 00:34 02 Sep 2006

Have you considered passing it on to a family member or friend and telling them the full story? That way if they get back to you the monitor can be returned. I had a similar problem when I got a used phone sold as new. The company in question never asked anything of us to return it and we asked what to do but nothing was said. When the delivery man with the new phone arrived he refused to take the other one. I sold it to a friend under the agreement that they may have to give it back and I would refund them if it had to go back.

  spuds 00:36 02 Sep 2006

This could be a little tricky, so some answers are required.

Was the 17" monitor prize provided by third party prize draw organisor or the monitor manufacturer.

Who arranged the swap-over of the monitors, and change of models.

Do you have a telephone number for the prize draw organisor or the supplier of the monitor, so that you can make verbal contact, and resolve the issue that way.

As the monitor was not unsolicited goods, then you must safe guard under suitable conditions the monitor in your possession, and not dispose of it without authority. Legally you would be obliged to hold on to the monitor for six months, in which time you could charge a daily storage fee.

Come back with more information, and we can possibly advice further.

  rdave13 01:22 02 Sep 2006

Being an honest person, I would mothball it in it's original box and keep it in the loft.

Wait a year and then I'd consider it mine. Bearing in mind that you tried to communicate to the supplier three times.

  BRYNIT 10:36 02 Sep 2006

Creature of the Nite thank you for your suggestion but I've already passed on my original 17" monitor to a family member. This one is surplus to requirements.

spuds. The prize draw organiser and the company that offered and supplied the prize seem have the same flaw that a lot of companies tend to have and that is a communication problem when dealing with problems.

This monitor is in fact the second monitor. The first was sent back as it was not from the X series. The person who ordered the original monitor did not now which model to order and did not bother to find out which created this problem. It took several e-mails/ phone calls and lastly a letter to the MD of the publishing company to get the new monitor.

Due to the way the monitor was repacked I think but can not be sure that the person who ordered the monitor removed it from someone’s desk hoping I would not realise or would not complain as it was a prize.

I have phoned 2 times to arrange return of the monitor but it seams that the person I need to speak to is unavailable, even leaving a message with the switch board gets no reply. The 3 emails have been sent directly to the person who organised the new monitor.

I think it will be a case of leave it boxed and await a reply. If I have not hear from them within the next 2 months I would assume that nobody could be bothered to arrange collection as they would not be able to return it to the supplier after this time.

  spuds 12:34 02 Sep 2006

BRYNIT-- Due to the situation that you have explained,which I find a little confusing, and possible 'ownership' of the monitor. My suggestion of a period of six months still holds firm, and I would not dispose of the item within the next 2/3 months, unless authority of ownership and disposal rights have been given, in writing.

I have a similar problem, with an item that I do not 'officially' own. And the actual purchaser (a third party) through a refund payment process doesn't want to be involved.According to legal advice that I obtained, I cannot 'safely' dispose of the goods for at least six months, as the 'owner' of the goods may have a legal claim against me. In the meantime, on legal advice, I have notified the purchaser that I will be charging a daily storage fee. After the six month period, I have been advised that I can sell the item, and any storage fees will be taken from the selling amount obtained. Any surplus will be returned to the (third party)purchaser, any shortages between selling price and storage fees will be required from the (third party) purchaser.

There is a quick legal solution, and this is to raise ' Interpleader Proceedings' against the parties involved. click here This is not used much nowadays, but apparently it can be very effective tool. Another piece of legislation, that could be of interest on this or similar matter click here

It can all get very complicated concerning an item that may belong to someone else, and at the end of the day the hassle may seem to much, and the person involved as to make their own decisions of whether they want to take any further actions or consider any possible risks.

  BRYNIT 14:44 02 Sep 2006

spuds-- Thank you for your response, it has already been 2 months since I requested the collection of the monitor.

After careful thought on this matter it seam the only person who replied to my e-mails was the person who informed me of my win and chased the delivery for me. I will e-mail and see if they can get a reply on what to do with the monitor.

On this note i will close this as resolved

This thread is now locked and can not be replied to.

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