IF you leave goods for repair, valuation or storage, you are responsible for collecting them unless delivery to you has been agreed. But what is the position if you fail to collect the goods? Such situations most commonly arise over dry cleaning, shoe repairs and jewellery valuations and occasionally, car repairs. The legal position, under the provision of The Torts Interference With Goods Act 1977 is that, if you do not collect them, then the repairer, valuer or storage company can sell your goods, as long as they send notice of their intentions by registered post or recorded delivery to your last known address. The notice must state that the goods are ready for collection, how much you owe and that the goods will be sold if they are not collected by a certain date.

The date given must give you enough time to collect your goods. If you owe money for repair or valuation, the date must be at least three months from the day the notice is sent. When the time expires the goods can be sold. The proceeds, after deduction for any amount owed for repairs, valuation or storage, must be kept indefinitely in case of a claim at a future date. If the goods are sold a receipt must be shown. Some traders, such as dry cleaners, display signs such as "Any garments not collected by a certain date will be disposed of". Provided this has been properly brought to your attention, it forms part of the contract terms on which you have left your goods.

You should also be aware of the provisions of the Act when selling goods which are not taken away when money is paid. City of York Trading Standards recently advised someone who sold an unwanted bed via a private advertisement. Unfortunately, on accepting the buyer's money it was found that only the mattress, and not the bed base, would fit on the purchaser's roof rack. The buyer agreed to come back for the base, but did not return. To the seller's dismay she was told that, because the buyer was now the legal owner of the bed base she had a duty to take reasonable care of the goods or be liable to pay damages. She could either keep the bed base for six months to see if the buyer reappeared, resell the base and keep the proceeds (less any cost of readvertising) in case the buyer returned or dispose of it but be prepared to compensate the buyer. Best to get the buyer's name and address in a situation such as this!

For further information on consumer problems please contact City of York Trading Standards at 9 St Leonard's Place or telephone 01904 551562. The fax number is 01904 551511 and the e-mail address is trading.standards@york.gov.uk