LDS Losing My Tank

[bubs]

<font color='#810541'>Following on from a previous post of mine, i gave my tank to my LDS to be filled- however they said due to new regulations it must have a visual test sticker on. After questioning this due to it having a hydro a few months previous, however they were most insistant so decided to leave it there for a visual.
Now since posting here, and questioning others I found out I was in fact correct it did nt need a test- a duplicate tank I have in terms of age and test dates I have had no problem filling at other dive stores.
Anyway this was back in Oct, and while leaving the tank I also left my computer to be fixed. After calling twice to see if it was back from the dealer, they then said they would call me when it was ready. I kinda forgot about it till now, and poped in last week to collect tank and computer. Computer fine all picked up, but in searching for my tank I find out its been lost.
So where do i stand initially on them losing my tank - can i demand a replacement, or just the money it was worth. (pretty old tank to be honest!) or nothing at all??
Secondly if they do manage do find the tank am i obliged to pay for the visual test- now that i know it is unessarily.
Cheers for any advice bubs x

[bang-on]

<font color='#0000FF'>bubs,
what have they offered so far?
have they accepted they have lost it?
do you have any kind of paperwork from them from when you left it in?
are there any notices up ie:equipment not collected within 3 months will be disposed of.
did you recieve any notice that it was ready?
is there any suggestion that it failed the test and was disposed of?

in fairness i think i would look for the value of the cylinder as it was not new,not a new replacement i now this would cost you the diference between your valuation and the new cost.
as for the test that i think you would have to pay as you instructed them to do it even though there advise was suspect it was still your decision.
if this looks like it may drag out a bit ask them for a cylinder to use untill they get it sorted and that will give you an idea of there attitude to this,if they refuse to loan you a cylinder then tell them you will be keeping a note of all rental costs for a cylinder untill they clear this up and holding them responcable for the costs.

cheers
barrie

[Helen F H]

<font color='#000080'>I will have a word with our training officer. &nbsp;She works for the citizens advice and was a great help when my suit fcukered after only a year of diving. &nbsp;I will PM you with what she comes up with.

[Narked@50]

The law is always interpreted differently by each party and in real terms it is often easier to settle like gentlemen. If they accept they have lost your tank I am sure you will be able to come to an agreement, the test should not be an issue as you will not have to pay for something which you have never had returned to you anyway. Failing this, write to them stating your case and give them 7 days to settle or you will use the small claims court which will in turn have expences for them to pay also. It is worth doing this twice to show how cooperative you are. Failing this, do just that, look up you local small claims court, get the forms, fill them in, and post them. Costs you a bit of time, the forms are easy, and if you have a reciept for the tank or they accept they lost it, they don't have a leg to stand on and you will win. The law says you should recieve an item which is not inferior to the one they lost or compensated accordingly. It could get difficult trying to take them for tank rentals etc. as a dozen of these could be worth more than the tank they lost so be &quot;reasonable&quot;.

James &nbsp;

[bubs]

<font color='#810541'>Yeah at the moment its all on good terms, i m not too bothered about it so have nt been hassling them, just wondering what my rights are etc.

Basically they said they would ring when computer was ready, and i had left name and no on tank, computer and diary- and they said they lost it, hence not ringing

All that has happened so far is he said he d ring me on fri- he did nt. Basically it was another person who conviently was nt around who delt with me the first time, so the boss has said till he catches up with her, he cant let me know whats happening.

fingers crossed

[Helen F H]

<font color='#000080'>Right, this is from my mate who works at the citizens advice (cut copy n paste from email)



He needs to do all correspondence by mail now - dated and keep a copy.
He needs to ask for cyl back plus point out the error of their ways ref
inspections - very politely at all times!!!
He needs to set a deadline for bottle back
Then if that fails a deadline for compensation if truly lost
Normally deadline 14 - 21 days
Then he needs to follow guidance at www.courtservice.gov.uk &nbsp; county courts
(EX301 and Ex302 if I remember correctly)
He could also contact local trading standards or put in an &nbsp;e mail complaint
www.consumercomplaints.? ( Internet not working), after having tried by
mail first.
Hope this helps

[daveking]

<font color='#0000FF'>one question
how do you forget about your property for that long
IMHO if you dont care that much you deserve to loose it
cheers
me

[Helen F H]

<font color='#000080'>Well maybe cos he wasnt getting the opportunity to use it, what with it being winter and everything. &nbsp;Not everyone dives all year round.

[tas]

The tank: you are entitled to a replacement of the same (or greater) value or the equivalent cash instead. So if it was worth £25 that's all you get.

The test: if it wasn't necessary, you don't have to pay for it.

tas

[bubs]

<font color='#810541'>Cheers for the advice porg- and tas.

daveking - i did nt forget about the equipment- i called in twice and phoned them up twice to see if it was ready- they then stated they would ring me when it was ready as waiting for computer to be returned from dealer up country.