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  1. #21
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    Quote Originally Posted by JimmE View Post
    No, he was a current BSAC member, but as mentioned this has given us a reminder that we should be taking some more formal details from guest/potential members who dive with us. This has been addressed for this year.


    Thanks all for the input, seems the general consensus is that 6-12 months is likely to be reasonable, as we’ve already had it a while we’re going to hold onto it for 12 months since he last dived with us, as that’s the last ‘documented’ contact we have with him (he is on the club dive log).

    Yes, I’ve done some pretty extensive searching online and in social media and local newspaper websites both down here and where he said he had moved to the area from - nothing (positive or otherwise) has come up but it’s a fairly ‘popular’ name.

    A public post on the Facebook group/page is a good idea though, for evidence of effort to contact him (in addition to the emails and logged calls/texts, if nothing else) - so we’ll do that.

    Fingers crossed we’ll hear from him, if not then as suggested we’ll probably try to use the kit where possible rather than selling.


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    If he is a current BSAC member, check with HQ regarding up to date contact information.

    Failing that, I would suggest a general post on your social media & club website (if applicable) changing your terms and conditions (or your constitution) stating that members kit will only be held for a maximum of 12 months (unless by prior agreement of the branch committee) at which point it will be used or disposed of at the discretion of the committee.

    I would suggest contacting legal advice with regards to disposing of the equipment though (in the absence of prior agreement). Better to ask the question and get advice than have to pay him for new kit if he complains that you have used/sold his kit without prior consent.

  2. #22
    I used to be Cheeky UnCheeky Monkey's Avatar
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    Quote Originally Posted by Neilwood View Post
    If he is a current BSAC member, check with HQ regarding up to date contact information.

    Failing that, I would suggest a general post on your social media & club website (if applicable) changing your terms and conditions (or your constitution) stating that members kit will only be held for a maximum of 12 months (unless by prior agreement of the branch committee) at which point it will be used or disposed of at the discretion of the committee.

    I would suggest contacting legal advice with regards to disposing of the equipment though (in the absence of prior agreement). Better to ask the question and get advice than have to pay him for new kit if he complains that you have used/sold his kit without prior consent.
    changing membership T&Cs wont help in every case - this guy wasn't a member - but it looks like its a good idea generally, so long as its up front and not buried in small print somewhere

    the rules are in the Act by the look of it - https://www.legislation.gov.uk/ukpga/1977/32


    section 12 and schedule 1

    to be 100% sure (if the kit is of real value) an application can be made to the Court for an order under s13 - I would guess this can be done on paper alone using Part 8 of the court rules




    12 Bailee’s power of sale.
    (1)This section applies to goods in the possession or under the control of a bailee where—
    (a)the bailor is in breach of an obligation to take delivery of the goods or, if the terms of the bailment so provide, to give directions as to their delivery, or
    (b)the bailee could impose such an obligation by giving notice to the bailor, but is unable to trace or communicate with the bailor, or
    (c)the bailee can reasonably expect to be relieved of any duty to safeguard the goods on giving notice to the bailor, but is unable to trace or communicate with the bailor.
    (2)In the cases of Part I of Schedule 1 to this Act a bailee may, for the purposes of subsection (1), impose an obligation on the bailor to take delivery of the goods, or as the case may be to give directions as to their delivery, and in those cases the said Part I sets out the method of notification.
    (3)If the bailee—
    (a)has in accordance with Part II of Schedule 1 to this Act given notice to the bailor of his intention to sell the goods under this subsection, or
    (b)has failed to trace or communicate with the bailor with a view to giving him such a notice, after having taken reasonable steps for the purpose,and is reasonably satisfied that the bailor owns the goods, he shall be entitled, as against the bailor, to sell the goods.
    (4)Where subsection (3) applies but the bailor did not in fact own the goods, a sale under this section, or under section 13, shall not give a good title as against the owner, or as against a person claiming under the owner.
    (5)A bailee exercising his powers under subsection (3) shall be liable to account to the bailor for the proceeds of sale, less any costs of sale, and—
    (a)the account shall be taken on the footing that the bailee should have adopted the best method of sale reasonably available in the circumstances, and
    (b)where subsection (3)(a) applies, any sum payable in respect of the goods by the bailor to the bailee which accrued due before the bailee gave notice of intention to sell the goods shall be deductible from the proceeds of sale.
    (6)A sale duly made under this section gives a good title to the purchaser as against the bailor.
    (7)In this section, section 13, and Schedule 1 to this Act,
    (a)“ bailor” and “ bailee” include their respective successors in title, and
    (b)references to what is payable, paid or due to the bailee in respect of the goods include references to what would be payable by the bailor to the bailee as a condition of delivery of the goods at the relevant time.
    (8)This section, and Schedule 1 to this Act, have effect subject to the terms of the bailment. [so membership T&Cs might well help and avoid all this !]

  3. #23
    Established TDF Member JimmE's Avatar
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    Thanks all for the input.

    At the last committee meeting we decided to hold onto it packaged up until the summer (1yr after we last saw him) and continue attempting to reach him, and then revisit what to do again at that point.

    However I head on Sunday that he has just been back in touch with another committee member about joining the club again, I donít know all the details but suffices to say he has a new phone number and email address. He didnít mention his kit so weíll see what happens if/when he turns up in the next few weeks!


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