eBay Refund Issue (not what you're thinking)

Zandoni

Flyboy152 wrote: »

A very good post, except for the last bit. The OP does not have the right to simply "dispose" of the goods. He has a statutory duty to take reasonable care of the goods, potentially for the next six years. If, after a reasonable time, the seller had not responded to his requests and he was to sell them, he must give adequate notice to the other party and keep the money to send onto them.

If they are treated as unsolicited then the OP can keep the goods, here is a template of a letter to send.

https://consumer-tools.direct.gov.uk/consumer-advice/template_letters/DSR_unsolicited/

techspec

Zandoni wrote: »

If they are treated as unsolicited then the OP can keep the goods, here is a template of a letter to send.

https://consumer-tools.direct.gov.uk/consumer-advice/template_letters/DSR_unsolicited/

Hardly unsolicited when the op ordered the item.

ThumbRemote

Flyboy152 wrote: »

A very good post, except for the last bit. The OP does not have the right to simply "dispose" of the goods. He has a statutory duty to take reasonable care of the goods, potentially for the next six years. If, after a reasonable time, the seller had not responded to his requests and he was to sell them, he must give adequate notice to the other party and keep the money to send onto them.

OK, my original advice was incorrect, but so is this.

They must take care of the goods, but can get rid after following a set process - must write to the owners twice, three months apart. See "Selling uncollected or abandoned goods" under
http://www.adviceguide.org.uk/index/your_world/consumer_affairs/keeping_lost_found_and_uncollected_goods.htm#keepinglostfoundandunprotectedgoods

Remember, you can also charge storage fees for the item!

timbo58

Flyboy152 wrote: »

No they are not.

quote your source please.

items which are made especially to order for you and customised for that order are exempt from the regulations as they cannot be resold AFAIAA.

Leif

Flyboy152 wrote: »

No they are not.

If you receive a custom made item, ordered by phone or online, you are not entitled to return it within 7 days for a refund unlike most off the shelf items (there are some exclusions).

unholyangel

Custom items are exempt from the unconditional right to cancel (section 10) but are not exempt from the DSR's themselves. Hence why they are listed under "exceptions to the right to cancel" (section 13) and not "excepted contracts" (section 5).

http://www.legislation.gov.uk/uksi/2000/2334/contents/made

Also worth noting that choosing from preset options/stock options is not classed as customised. It has to be clearly "clearly personalised"

Flyboy152

timbo58 wrote: »

quote your source please.

items which are made especially to order for you and customised for that order are exempt from the regulations as they cannot be resold AFAIAA.

:wall: :wall: :wall:

fred7777

techspec wrote: »

Hardly unsolicited when the op ordered the item.

Did they?

The op ordered goods originally but they were unavailable and the money was refunded thereby completing the original contract.

Unless the OP placed a further order for the same goods there they were unsolicited.

unholyangel

fred7777 wrote: »

Did they?

The op ordered goods originally but they were unavailable and the money was refunded thereby completing the original contract.

Unless the OP placed a further order for the same goods there they were unsolicited.

No actually they werent. “unsolicited” means, in relation to goods sent to any person, that they are sent without any prior request made by him or on his behalf. (see http://www.legislation.gov.uk/ukpga/1971/30/contents)

It does not cover mistakes. There must have been no prior request at all in order for it to qualify as unsolicited goods and they must be the intended recipient.

Flyboy152

unholyangel wrote: »

No actually they werent. “unsolicited” means, in relation to goods sent to any person, that they are sent without any prior request made by him or on his behalf. (see http://www.legislation.gov.uk/ukpga/1971/30/contents)

It does not cover mistakes. There must have been no prior request at all in order for it to qualify as unsolicited goods and they must be the intended recipient.

But then, it could be argued that the cancellation of the order rendered the "prior request" non-existent.