Rights When An Order is Cancelled But Delivered Anyway

arcon5

Flyboy152 wrote: »

Recent events at Groupon would not give me confidence they would actually pass this money on, to what appears to be, a struggling business.

Thats really between Groupon and the retailer though, not ops problem. Depending on how many groupon cancelled it may even be a case that they owe Groupon money, the payout structure for these daily deal website tends to be 50% after the deal ends then the rest either 3 months later or when the voucher expires (whichever is later). The latter payment being subjected to any refunds issued etc.

Spoiltlove

Firstly, I'd like to say, I have not intended to create an argument by bringing this subject up, I was just simply asking a question, if I'd have known this kind of reaction was going to come of it I wouldn't have bothered!!!

To answer the question - why did I cancel the order? Because I was sick of waiting for it. I ordered it in NOVEMBER, and I was told that it would be delivered in December, then it was changed to January, then to February, and by this point I was fed up with waiting!!! I should mention, it was not my idea to cancel the order - it was Groupon's.

And - a few of you are saying about paying for the beanbags - not being funny, but if I can get away with not paying for it then I'd quite like to... being in a recession and all that... But I have come round to the idea that I may need to pay for them (obviously) but I was wondering if I had any legal rights - given that they made this mistake and the fact that Groupon and this company cannot communicate effectively is not my fault.

Well, to stop any further 'arguments' between you all, I'll take my questions to Citizen's Advice on Tuesday and attempt further communication with the company. I've no idea how though given i've already tried numerous times.

Thank you anyway.

Flyboy152

Firstly, there has been no actual argument, but debate and speculation about finer points of your query. It happens on MSE, while we are waiting for OPs to respond, it stops us getting board. :rotfl:

If you want to see some arguments, then hang around, they very real around here.

Secondly, I have a suspicion that the CAB will advice you to pay up. They are not going to dispense advice that could land you in hot water later on.

I would recommend though, that you call Groupon and talk to them about exactly what you need to do to settle up.

McKneff

You should post all the facts first, you didnt say that Groupon had cancelled the order.
You didnt say that you wanted the goods but wanted to see if you could get away with keeping them and not paying for them. That only came up in your last post.

You have no legal rights, save yourself a trip to the CAB.

By the way, they have 6 years to collect the money and that is the legal stance.

And that, my dear is my last post on this thread.

unholyangel

Spoiltlove wrote: »

Firstly, I'd like to say, I have not intended to create an argument by bringing this subject up, I was just simply asking a question, if I'd have known this kind of reaction was going to come of it I wouldn't have bothered!!!

To answer the question - why did I cancel the order? Because I was sick of waiting for it. I ordered it in NOVEMBER, and I was told that it would be delivered in December, then it was changed to January, then to February, and by this point I was fed up with waiting!!! I should mention, it was not my idea to cancel the order - it was Groupon's.

And - a few of you are saying about paying for the beanbags - not being funny, but if I can get away with not paying for it then I'd quite like to... being in a recession and all that... But I have come round to the idea that I may need to pay for them (obviously) but I was wondering if I had any legal rights - given that they made this mistake and the fact that Groupon and this company cannot communicate effectively is not my fault.

Well, to stop any further 'arguments' between you all, I'll take my questions to Citizen's Advice on Tuesday and attempt further communication with the company. I've no idea how though given i've already tried numerous times.

Thank you anyway.

They have 6 years to chase you for payment and if they have your payment details (card details) they may just deduct the money from your card anyway. The goods are not unsolicited. In order for them to be so, there would need to have been no request by you or by someone else on your behalf. You did request them so that knocks that out of the park.

You can either pay for them, in which case they will legally belong to you. You can keep the bags, not pay and chance that they will chase you for payment up to 6 years down the line. You return the bags and keep your refund.

Or.....you could even call them, explain you cancelled etc, it was for your partners bday and that they can either come collect them or if they're willing to knock 5-10% off, you'll accept that instead of them wasting money on a returned order.

Spoiltlove

Flyboy - thanks for your comments. I'll get onto Groupon tomorrow. They were a gift for my fiancee for his birthday so I'd rather have them than not.


McNeff - I didn't realise they had 6 years to collect - I thought maybe it was something like 3 months then if they hadn't collected I had a legal right to keep them - so thank you - that was what I was looking for. You could have saved the sarcasm though.. no wonder there are arguments on here with attitude like yours.

Pfft - I hope the rest of you don't have to put up with attitude like that, thank you to you all for your helpful comments - but I wish I hadn't bothered! Some people are so rude and clearly think a lot of themselves.

unholyangel

Spoiltlove wrote: »

Flyboy - thanks for your comments. I'll get onto Groupon tomorrow. They were a gift for my fiancee for his birthday so I'd rather have them than not.


McNeff - I didn't realise they had 6 years to collect - I thought maybe it was something like 3 months then if they hadn't collected I had a legal right to keep them - so thank you - that was what I was looking for. You could have saved the sarcasm though.. no wonder there are arguments on here with attitude like yours.

Pfft - I hope the rest of you don't have to put up with attitude like that, thank you to you all for your helpful comments - but I wish I hadn't bothered! Some people are so rude and clearly think a lot of themselves.

The 6 years is the statute of limitations in England. Technically you would still owe them the money after 6 years had passed, they just would not be able to chase you for it.

McKneff

Spoiltlove wrote: »

Flyboy - thanks for your comments. I'll get onto Groupon tomorrow. They were a gift for my fiancee for his birthday so I'd rather have them than not.


McNeff - I didn't realise they had 6 years to collect - I thought maybe it was something like 3 months then if they hadn't collected I had a legal right to keep them - so thank you - that was what I was looking for. You could have saved the sarcasm though.. no wonder there are arguments on here with attitude like yours.

Pfft - I hope the rest of you don't have to put up with attitude like that, thank you to you all for your helpful comments - but I wish I hadn't bothered! Some people are so rude and clearly think a lot of themselves.

Would you like to point out where the sarcasm was. Ive read and re read my post and still dont see any. No sarcasm was intended it was just fact. It was certainly not argumentative either, again, fact. You left out a lot in your first post, how can we help yo properly if you dont give all the facts, you wasted peoples time. which annoys people.

By the way, re the 6 years, they can just take the money within a certain time (maybe 3 months) without telling you. After that time, they have to inform you.

Even after all that, I am trying to help you, thats the way I am.:D
Enjoy your bean bags by the way.:)

wealdroam

McKneff wrote: »

Enjoy your bean bags by the way.

Whose bean bags?

arcon5

By the way, they may have 6 years to collect, that doesn't mean they will. How much are we talking here? Considering they would only actually receive about 50% of what you paid I can't imagine many companies actually willing to file or attend court over such a derisory sum - even if they do threaten to do so.

If their service is that bad, just don't say anything and hope for the best. At least you've had the honesty to say it how it is, being if you can get away with it you don't want to pay - many try to put a spin on it to make them feel less dishonest. If they've really been that bust, they probably won't even notice anyway!!