Failed collection of incorrect delivery

gbbailey

Before Christmas my partner ordered some shot glasses from barmans.co.uk. Unfortunately they delivered the wrong item (it was accepted by a neighbour).

I emailed them to complain and they helpfully agreed to deliver the correct items, which they did. I asked them to collect the wrong glasses on a Saturday, or on Friday 20th January when I knew I was off work and would be able to stay at home in the morning from them. They said:

"In the run up to Christmas, our courier is not providing us with the Saturday collection service. I would be grateful if you could keep the incorrect items safe for us and we will collect them on the 20th of January."

I waited in for them and they didn't arrive. They have now emailed me again (several emails have been exchanged today) offering me three options.

1. You can give us a day where we can collect the glasses at a time convenient to yourself.
2. You can return the glasses to us and we will refund your carriage costs
3. You can keep the glasses and a payment can be taken from you.

They also claim that despite saying "we will collect them on the 20th of January" they didn't organise the collection as they didn't have confirmation from me that it was OK.

I have told them that I am not willing to take any more time off work for them. I am happy to stay in on an evening or a weekend day, but there is a cost to me for taking extra leave. They have refused to collect them at these times - they say it must be during the working week.

Because I am unwilling to take time off work and wait at home for them again, and I'm not willing to carry to heavy boxes of glasses to the post office (a mile away) and I certainly don't want to buy the glasses, they have now threatened me with legal action.

What are my rights? I have no desire to keep the glasses.

tomwakefield

You could try getting a door-to-door courier and recovering the cost of that.

visidigi

gbbailey wrote: »

They also claim that despite saying "we will collect them on the 20th of January" they didn't organise the collection as they didn't have confirmation from me that it was OK.

Did you actually confirm or not?

You may need to take them to the post office or make yourself available - if you didn't confirm then the fault with them not collecting on the 20th lies with yourself I am afraid to say.

mvteng

Can they collect from your work?

wealdroam

Can you not leave the parcel with a neighbour, to be collected from there?

tomwakefield

visidigi wrote: »

Did you actually confirm or not?

You may need to take them to the post office or make yourself available - if you didn't confirm then the fault with them not collecting on the 20th lies with yourself I am afraid to say.

I read that as the OP assumed they didn't need to confirm, rightly or wrongly.

the_lunatic_is_in_my_head

My understanding is that you are required to make the goods available for collection, the most sensible suggestion is that in post 5. I believe that they have no right to demand payment but it may be deemed a breach of your statutory duty if you fail to make the goods available for collection, for which they may have a claim.

gbbailey

Thank you for the advice. The items are heavy so I don't want to take them to work to collect.

I originally said: "I won't be available for collection Monday to Friday this year. Can you pick them up the morning of 20 January when I next have annual leave?"

They said: "In the run up to Christmas, our courier is not providing us with the Saturday collection service. I would be grateful if you could keep the incorrect items safe for us and we will collect them on the 20th of January. Thank you for your understanding regarding this matter."

I said: "That's fine. Please let them know it must be the morning as I am out the house after lunch."

I took this as confirmation that they would collect the items on the 20th January.

They didn't respond to that email until today when they emailed today to try and rearrange their delivery date. They say that it is company policy not to agree a date over six weeks in advance (the original email conversation was 7 December and the agreed collection date was 20 January). I'm not sure that I care what their policy is because they didn't tell me this.

All I want is for them to come and collect the things on a Saturday or evening, and to stop emailing me with their insistance that I lug the things to the post office or take a day off work because of their mistake.

I'm currently waiting for them to respond to a final request to collect on a Saturday. After that I'll give them a call.

unholyangel

Your partner isn't available? Neither of you can arrange for them to be collected from your workplace? As someone else said, there isnt a neighbour or perhaps a friend that would be available?

As someone else said, you do have a statutory duty to make the goods available for collection and take reasonable care of them. That doesn't stop you asking the company for a "goodwill gesture" for the inconvenience caused.

Alternatively if there really is no other option (after all, mitigation is key) you could provide them with the costs for either yourself or your partner (whoever is the lower earner) to take a morning off work and inform them that that is the cost to them if they cannot arrange a collection that is convenient.

bod1467

unholyangel wrote: »

Alternatively if there really is no other option (after all, mitigation is key) you could provide them with the costs for either yourself or your partner (whoever is the lower earner) to take a morning off work and inform them that that is the cost to them if they cannot arrange a collection that is convenient.

This. Might also be worth reading the Delivery article at the top of this forum - it includes (if I remember right) a section on collecting faulty/incorrect goods.

gbbailey

That article seems to be about how to claim compensation after the event. I'm not interested in that, I just don't want their mistake meaning I have to take a day off work.

How long does that statutary right to make the goods available apply? And what does available mean. I've already made myself available on one working day, and they failed to turn up, and I'm making myself available outside working hours. I just wonder when the burden of responsibility falls on them to work around my timetable, rather than the other way round.

I've now suggested to them they pay for a taxi to allow us to take the items to work, which will be much cheaper than compensating me for a half day off. I'm still waiting for an answer from them.