What do I do with the goods?

moneybunny123

Hi everyone.

There is another thread on here from me (https://forums.moneysavingexpert.com/discussion/4351529) but I need some slightly different advice so wanted to start a new thread.

In a nutshell, 4 months ago we bought a fireplace (surround and gas fire) from a local merchant after he came and measured up. When he turned up with the goods to fit it, it didn't fit! A very long story short, but he tried to tell us that we'd have to pay a large carriage fee to return the gas fire to the manufacturer. We later refused (as we said it was his own error). Anyway, on the day he came to fit it, before it all kicked off about T&Cs and who was liable for the carriage fees, etc, he took the gas fire away with him (that didn't fit) but left the surround - despite me begging him not to, as without the gas fire, I didn't want the surround. I refused to acknowledge receipt of it, and didn't sign a delivery note.

We have since wrote to him twice asking him to come and collect it and got no reply.

Anyway, we did a Visa retract through our bank, and they have today told us that they will issue a full refund, and pursue THEIR loss with the merchant.

So, as things stand, we have all our money back BUT we have the fire surround in our house.

What should I do? Legally, who does it belong to? We paid for it, but we have our money back from the bank. Does it now belong to the bank? Or does it belong to the merchant?

I don't want to be taken to court for having something that belongs to someone else. Help!!

shaun_from_Africa

Personally, I would say that at the moment the goods belong to your credit card issuer so you should contact them and ask what they want doing.

Well done for not giving up and pushing for a full refund.

wealdroam

shaun_from_Africa wrote: »

Personally, I would say that at the moment the goods belong to your credit card issuer so you should contact them and ask what they want doing.

But the OP paid by debit card.
As stated elsewhere...

moneybunny123 wrote: »

By Visa Card (debit, NOT credit).

I am sure this will be an important difference, since with a credit card section 75 refund the card issuer is equally responsible.

Having said that, no harm in asking the bank for advice... just don't expect anything too useful.

unholyangel

I'd say follow the abandoned/uncollected goods procedure.

http://www.adviceguide.org.uk/england/consumer_e/consumer_common_problems_with_products_e/consumer_lost_found_and_uncollected_goods_e/a_trader_has_left_goods_with_you.htm

arcon5

Check the letter you get from the bank confirming the chargeback.... just in case it says something along the lines of the refund being temporary subject to the outcome of the chargeback process.

In the meantime though, as above, follow the procedure stated in the link

Send notices to the owner

You can’t keep, sell or get rid of the goods until you have sent two written notices to the owner, if you are able to trace them. The notices can be sent separately or together.
They must be delivered personally or posted to the owner. If you choose to send the notices together, you must send them by registered post or special delivery.
The first notice must include:

• a statement that the owner is responsible for collecting the goods
• details of what the goods are and where they are kept
• the name and address of the person who has them
• what money, if any is owed for the goods. This would apply if your goods are in a shop and the trader has carried out repairs to them that you need to pay for.

The second notice is also called a notice to sell, and must include:

• a statement that you intend to sell or get rid of the goods if they are not collected by a given date
• details of the goods and where they are kept
• your name and address
• what money, if any, is owed for the goods.

shaun_from_Africa

But the OP paid by debit card.
As stated elsewhere...

In this instance it doesn't matter whether it was a debit or credit card as it is the card issuer that has refunded the OP using their funds, so at the moment they are really the rightful owners of the goods.

Anyway, we did a Visa retract through our bank, and they have today told us that they will issue a full refund, and pursue THEIR loss with the merchant

.

If the original payment had been reversed then yes, a letter should go to the seller asking when they are going to collect their goods, but this this isn't the case.

arcon5

I would say the goods belong to the seller not the bank. Op never accepted the goods in the first place so ownership remained with the seller, if the bank decide to take on the liability then good on them but op cannot transfer ownership of the goods but is however a bailee of them.

moneybunny123

Thanks, everyone, for your replies. We contacted the bank and they are going to ring the seller today...

Chances are, because of the way the seller last spoke to my husband (abusive and threatening), I can't see the seller wanting to come to our house to collect the fire surround. The bank have also admitted that it's far too much effort for them to collect it and so have asked us if we would be willing to purchase it from them at a reduced price if the sweller is unwilling to refund the bank or collect the goods himself.

I'll keep you updated and will read through that link. Thanks again