Can I sell it

[custodian]

About 20 years ago an acquaintance asked me to take care of an item for him. Believe it or not I only ever knew him by his first name and I can't even be sure how it would be spelled; nor did I know his address. I haven't seen him for more than 16-17 years although he knows where to find me as I am still in the same place. Obviously I have no way of contacting or finding him, so can I sell the item? I can't serve notice on him to recover it, nor can I give him notice that I intend to sell. Help!!

[sir.prize]

custodian. Do you make a habit or operate a business caring for other people's property? Just wondering, 'cos your username would be very appropriate.

[vivandorron]

custodian...I fail to appreciate the secrecy which you are applying to the item concerned.

However, as you appear to have read something in AB about a keeping proceeds from sale for 6yrs...Please provide the link.

Ron.

[joko]

sell it.
if he he comes back just say you have no idea what he's on about, you dont remember.

people saying you should make all efforts to find him etc - why should you?
adverts in the paper etc will cost you time and money, searching for family takes time and money - why should you have to do all that?
if he doesnt care about the item then why should you?
he has dumped something on you and abused your good nature - without so much as a hello in 17 years!
its pretty obvious its not important to him...he can't seriously expect to turn up on your doorstep and say 'can i have it back please' and you just have it there to hand
if it were me i know id have lost it by now.

let him prove it in a court if he wants to try... he has no evidence whatsoever that you even have it ... i wonder if he even remembers where he left it....?
you yourself could have moved or died by now for all he knows.

as someone stated he may even be dead.

is it a large item? is it in the way in your house?

[custodian]

It's getting silly now! All I wanted was some guidance, not an inquisition. I knew this guy, I did not know his family situation and I assume it was mutual. You can't do much with just a first name. Some of the replies really haven't properly read my posts or they would not have asked those questions. I like hc4361's answer but how do you define 'abandoned' for my purpose?

[Mick-Talbot]

It's getting silly now!



You started it. Charge him for storage if he comes back.

[Mosaic]

Sell it.
It's obviously yours now.

[custodian]

To vivandoron - there was a recent post on 28 May under Law on Disposal - response by tonywiltshire.
To joko - no it's not in the way.
To sir.prise - no; just seemed appropriate.

[vivandorron]

custodian...No one is subjecting you to an inquisition. Folk are trying to be helpful but, without full facts from you, it is difficult to give a truly positive answer your question; especially when you are avoiding reasonable ones put to you.

Ron.

[craft1948]

I stored some pictures for a guy who I vaguely knew, and at the time he had no fixed address. He turned up for them (and gave me one of the pictures as a thank you) 15 years later.................

[custodian]

Hello Ron, didn't mean to offend. Which reasonable questions have I not replied to other than to say what it is?

[EcclesCake]

Custodian, I think that contributors are trying to establish if the mysterious item is one that would have appreciated or depreciated in value over 20yrs.

It's one thing to sell off an old lawnmower but something quite different if it's a E Type Jag.

[rowanwitch]

Also reasonableness.... no one would expect you to store a large item indefinitely as it would be reasonable that you would at some point need the space... however it would not be unreasonable for him to expect you to store a piece of jewellery, a video, a book on an indefinite basis as it would not be of any great inconvenience.

[hc4361]

If you had moved he couldn't find you, either.

If the item was stolen from your house, or burnt in a house fire or simply lost, you would not be responsible.

Sell it.

[custodian]

Hello Eccles Cake.
It isn't; but think in terms of a page of unperforated stamps (ie imperfect). Has such as that increased in value over 20 years? I don't know. This could be as rare.

[vivandorron]

Full facts are of utmost importance to get genuine answers to questions placed into Answerbank.

The determination on your part to hide an important fact, makes one wonder if your initial posting was serious.

Ron.

[custodian]

Hello Ron. What important fact?

[vivandorron]

custodian...If you don't know, then you need to fully read through this thread before saying anything further; unless perhaps you are aiming to qualify for an Avatar within 24hrs.

Ron

[tonywiltshire]

This is an answer I provided to a similar question.

This is probably covered by the torts Interference with goods act 1977. After 20 years it would not be unreasonable to consider the goods to be abandoned, you have a duty of care and you may be held liable for any damage while they are in your care.
If you wish to act strictly within the law make a reasonable effort to find the address of the owner, if impossible write to the last known address and say you intend to dispose of the goods and give them a telephone number to contact you to arrange collection within, say, the next month (a month is a reasonable time and English law likes reasonableness). If you hear nothing dispose of the goods but remember if you sell the goods the money is not yours, retain it for return to the owner for the next 6 years, do not make any charge for the storage and you should keep a copy of your letter and your attempts to find the address of the owner and any other transactions.
If no idea of name or address just show you attempted to locate the owner.

[hc4361]

He can't write to the previous address as he never knew it. Why would he need to wait another 6 years? He's a not a pawn shop nor has a lien on the goods.

As I said, if the goods were lost, damaged, stolen the OP would not be responsible for them.