What does this leaflet cover?

This leaflet explains what may happen if you have left goods in a shop to be repaired and then forgotten about them.

This leaflet gives advice on what your rights are, and what the trader should do in such circumstances.

Can the trader dispose of uncollected goods?

There is a law that gives a trader the right to dispose of uncollected goods; this is the Torts (Interference with Goods) Act 1977. It sets out certain procedures that a trader must follow to ensure that goods are disposed of legally.

Must I collect the goods?

A trader may tell you that you must take delivery of your goods (this is usually where repair work has been carried out and the customer refuses to pay for it). If you do not take delivery, the trader can sell your goods.

However, to do this, the trader must first give you notice stating that they wish the goods to be collected.

What must this notice say?

The trader must include:

• their name and address;
• details of the goods;
• a statement saying that the goods are ready for collection;
• an address from where the goods can be collected;
• the amount owing (if any).

Can the goods be sold?

Before selling the goods, a trader must send you a notice of the intention to do so. This must be sent by registered post or recorded delivery. The notice must include the same as that described above, but must also include the date of the intended sale of the item(s), if they are not collected.

When can the sale take place?

The intended date of sale must be a reasonable length of time from sending you the second notice. What is ‘reasonable’ depends on the circumstances, but it must be long enough to allow you to reclaim the goods. If there is any money payable on the goods, the length of time between the second notice and the sale should not be less than three months.

What happens next?

Providing the notice has been sent and the goods have not been collected, the trader can sell them.

You can claim any money from the sale. However, the trader is entitled to take any money owed, including any costs involved in selling the goods, such as advertising them for sale.

What if I have moved?

If you have changed your address and forgotten to tell the trader, the goods could still be sold provided the trader could show that all reasonable steps had been taken in trying to trace you, such as advertisements in local shops, papers, etc.

Remember, if the trader has to pay to do this, the costs can be claimed from the proceeds of the sale.

What if the trader doesn’t notify me?

If for some reason, perhaps due to error, the trader sells your goods without sending you proper notice, you may be able to claim compensation.

However, this may be a difficult process if the trader refuses to pay, or argues the amount that is being claimed. You should, therefore, seek further advice on this.

The requirement for uncollected goods can be a little complicated, so if you do require further advice on this matter, or would like more information regarding details contained in this leaflet, please contact your local Trading Standards Service.

Please note
This leaflet is not an authoritative interpretation of the law and is intended only for guidance. For further information, please contact your local Trading Standards Service