View Full Version : Any legal eagles on the board?


kirky
26-10-2004, 15:30
when we had the pub i rented a tv from martin dawes mainly for the football in the bar.anyway when we put our notice in i phoned them up to come and take it back.....all i could get out of this divvy scouse sounding bird was "purrit in writing please" she must have said it about 10 times during the conversation,i says look love we go on holiday next week and when we come back it might not be our pub......she says "purrit in writing please..ffs i told her to forget it......

anyway my wife did send a letter off telling we were leaving the pub on october 10th so could we give notice on the tv.....when we got back from holiday tv was still there and we had a letter saying if we'd consiser keeping the telly we could have it for half price....
:rolleyes:


i gets a call yesterday asking when can they pick up the tv set..errrrr anytime before october the 10th i says like it said in the letter.....so the **** goes into a robotic voice as though he was reading from a auto cue telling me i'm liable for the tv and i owe rent on it..well i do owe one month that i gave notice for i says..no says the div i must pay rent till the tv is back in their posession,as the pub is empty and there is no sign of anyone moving in it could be weeks/months before they gain access to recover it.

in my opinion i did everything possible to get them the tell back..so they can swivel.

how do i stand legally.

march
26-10-2004, 15:36
I would imagine this would all be in a T&C leaflet/booklet somewhere. Stating that you had to give notice in writing and that it had to be a certain amount of time before you expected them to collect it. If you don't still have a copy ask them for one, this is all a legal decision would be based on.

wendy
26-10-2004, 16:44
In the letter offering you the set at half price did they acknowledge the date when the contract was due to terminate? Also how did your wife word the termination letter to them? If you said "I hereby give you month's notice from today's date of the termination of this contract" They cannot go beyond that date as far as the rent is concerned, as they have formally accepted that letter by writing to you and offering you the set at half price. However, you could be liable for the cost of the set as you didn't take it with you when you moved and as your name was on the contract it was your responsibility to look after the set even if the contract has been terminated.

I used to work in tv and video rental and retail years ago so I am familiar with the usual contract terms (incidentally the same usually applies to most other forms of rental contracts e.g. mobile phone).

Martin Dawes don't have a very good reputation for collecting their goods on time I am afraid I have heard of several people that have had this problem so you won't be a first. I would recommend though that you try and find a way to get access to the set so that it could be returned because they could take you to the small claims court for the cost if they are not able to collect it.

Lickszz
26-10-2004, 21:32
Is it not possible for you to gain entry and remove the TV yourself and deliver it to their depot?

kirky
27-10-2004, 10:26
Originally posted by Lickszz
Is it not possible for you to gain entry and remove the TV yourself and deliver it to their depot?

surly thats their department,but thanks for the advice everyone:thumbsup:

wendy
27-10-2004, 11:18
Originally posted by kirky
surly thats their department,but thanks for the advice everyone:thumbsup:

No, sorry as I said before because the contract is in your name it is your responsibility to look after the tv until they can collect - in other words you should have taken it with you when you moved as the contract is with you and not the pub. Sorry, but that is how they work.

kirky
27-10-2004, 14:00
Originally posted by wendy
No, sorry as I said before because the contract is in your name it is your responsibility to look after the tv until they can collect - in other words your should have taken it with you when you moved as the contract is with you and not the pub. Sorry, but that is how they work.

i had to meet the area manager at the pub this afternoon,i rang and told martin dawes what time i'd be there and how long for.....the bird on the phone said "i'll pass the message on but can't guarantee anyone will call to collect the tv".....:confused: :confused: :confused: :confused: no one came..i give up.

max
27-10-2004, 14:36
I had the same problem several years ago with a tv rental company who refused to pick up the tv when I wanted to cancel. I left it on their doorstep on Fargate, went into the shop and told them where it was. Several potential customers left as I was explaining why, after 4 weeks of asking them to pick it up, I had brought it in.

wendy
27-10-2004, 15:13
Originally posted by kirky
i had to meet the area manager at the pub this afternoon,i rang and told martin dawes what time i'd be there and how long for.....the bird on the phone said "i'll pass the message on but can't guarantee anyone will call to collect the tv".....:confused: :confused: :confused: :confused: no one came..i give up.

So did you take the set back with you then?

kirky
28-10-2004, 16:38
Originally posted by wendy
So did you take the set back with you then?

i didn't have a fork lift truck handy.......you should see the size of it

Lickszz
28-10-2004, 17:24
Hi Kirky,

On the face of it, if you gave the correct notice as per the rental agreement, and this is not before any minimum term specified in the agreement, then you should not be liable for rental of the TV after the end of the notice period.

The only exception to this might be a situation in which the rental company made reasonable attempts to collect the TV but could not, for instance if they turned up and the bar was closed.

I'm assuming that you went on holiday on the 10 October, and that prior that, the bar was open at reasonable times, and the rental company could have come round at any time to pick up the TV.

If however you went on holiday before the 10 October, was there anybody at the bar who could have let the TV company in to collect the TV?

So a lot would hinge on this.

As long as you have taken reasonable steps to allow the rental company access to collect the TV, then I don't think you should be liable for any rental beyond the 10 October.

In your position, I would send a recorded delivery letter to the rental company, stating the situation and that they had correct notice and reasonable opportunity to collect the TV, so you are not liable for rental after the end of the notice period given; and also giving them all reasonable opportunity to contact you to collect the TV now. If they then try to charge you for rent after the 12 October, you should tell them you will see them in court.