You need to get official. I know that sounds a bit hard, but the buyer isn’t responding to the softly softly approach. Send a recorded delivery letter to the last known address you have and tell the buyer his options:-
1. In the letter state they must collect the bike within 28days of delivery of the said letter or you will dispose of as you see fit and refund any moneys received (less expenses & reduced selling price due to lower value of the bike because of it current condition).
2. Also in that letter state everything you’ve done to attempt to facilitate the completion of the transaction, show copies of correspondence, dates and if the condition of the bike has deteriorated, state what. You’ve got to be seen as the good guy.
3. If they don’t arrange collection or contact you to make a mutually agreeable arrangement within that 28days, send a second letter saying that after a further 28days you will dispose of the goods as you see fit and reiterate the refund, less expenses & reduced value bit. Again send this by recorded delivery.
4. Avoid using the word ‘sale’ in your letter. A sale is not complete until goods are, in this case collected.
5. Once you’ve sold the bike (and you can’t sell it for £10 to a mate, you have duty to get a reasonable sum, and after this length of time I don’t think a scrap value would be unreasonable), send them a cheque (remember them) less deductions and all totalled up onto an easy read spread sheet. The reason I say a cheque is that it keeps the money in your account until they cash it and puts the onus on them to present it to their bank. Old fashioned, but cheques do have some advantages.
Separately, you still have a reasonable duty of care to look after the goods whilst in your possession. This doesn’t mean you have to wash & polish the bike, but leaving it uncovered and out in the rain with it slowly rusting away wouldn’t be acceptable. If the barn you said the bike is stored in is dry and you’ve say thrown an old bed sheet over it, that’s more than enough.
Lastly, be careful about charging storage without their agreement. It wasn’t part of the original T&Cs of the transaction and whilst they might become part of aforementioned mutually agreeable arrangement, you can’t charge or impose them retrospectively. Charging for storage also opens up another can of worms about a greater duty of care, insurance, you may be considered to be running a business and many other factors. Personally I just wouldn’t go down that route.
I’d get yourself along to your local Citizens Advice office, this is right up their street and what they’re there for. I suspect they’ll say something along the lines as above but will tell you the polite, technical & legal terms to use.
Edited by Capt Sisko
