Refunded but no collection of wrong fridge freezer

gardener_A

I have had a refund from PayPal for a Fridge Freezer I purchased from InStock Appliances.They delivered a black unit instead of the cream one I ordered.
The company, who now appear to have stopped trading, have been truly shocking to deal with (see more on the Praise Vent & Warnings section in the MSE Forum) and many customers have paid but received nothing and the company is now being investigated for fraud.

My question is what am I legally able to do with the unwanted fridge freezer which had now been obstructing my kitchen since 8th May.I contacted InStock immediately to try to arrange for the freezer to be exchanged for the correct model, and on numerous subsequent occasions (all documented by email), but despite several promised pick up/delivery dates this never happened, costing me 5 days of my precious holiday from work waiting in for them.
I believe I have done all I can reasonably can to give them the opportunity to perform the exchange by notifying them by phone, email and a recorded delivery letter.

So I need to establish whether I can keep and maybe use the fridge freezer, although the black finish is not what I want, or maybe sell it.From what I have read here and on Trust Pilot it is probably unlikely they will be trading again as the same company.
In the event that they do try to collect it at some point would I be justified in charging them storage at great inconvenience to me in my kitchen for 10 weeks (£5 a day!?)
I would be grateful for any advice.

unholyangel

Theyre classed as uncollected/abandoned goods. In order to discharge yourself from your duty of care, you need to send them two written notices containing certain information before you can sell or dispose of the goods. If you sell them, any money you get from the sale would belong to the company - minus reasonable costs you incurred in selling it. If you sell it, you can't sell it for mates rates and must try to get a decent market price for it. The company have 6 years to chase you for the return of the item or its value.

The FF (or the money from the sale) never legally becomes yours. Just after 6 years, they lose their right to take legal action against you.

gardener_A

Thanks - reading elsewhere I see that PayPal have been hit for £50K for refunds for this company - if they are in liquidation I guess PayPal must be repaid under some sort of trader indemnity insurance, so I have my doubts that they will ever try to recover the FF or the money since they did not refund it themselves. I will go down the written notice route next and send them a photo of me squeezing round the thing in my kitchen - I don't think I will be doing that for the next 6 years!

pinkshoes

You took 5 dsys of holiday to wait in for collections??

Read the sticky about failed deliveries. Personally i would write to them giving them 14 days to arrange collection after 6pm (or when you are in), then after this date you will be selling the fridge, then deducting the 5 days of work you missed awaiting for their failed deliveries. You will then keep any keep over money safe for their collection.

unholyangel

gardener_A wrote: »

Thanks - reading elsewhere I see that PayPal have been hit for £50K for refunds for this company - if they are in liquidation I guess PayPal must be repaid under some sort of trader indemnity insurance, so I have my doubts that they will ever try to recover the FF or the money since they did not refund it themselves. I will go down the written notice route next and send them a photo of me squeezing round the thing in my kitchen - I don't think I will be doing that for the next 6 years!

Its still possible you may be contacted but by the administrators once they've taken stock and reconciled their accounts. All depends how far into the liquidation process they are or whether they're just a "concern".

CoolHotCold

I would be wary before disposing them.

https://www.citizensadvice.org.uk/consumer/common-problems-with-products/lost-found-and-uncollected-goods/a-trader-has-left-goods-with-you/

Zandoni

Personally I wouldn't be prepared to store a fridge freezer for this company, I'd take the risk and use or sell it.

shaun_from_Africa

It might be worth contacting Paypal and hope that you get a sensible reply from them. (something that doesn't always happen).
If paypal have refunded you with their money and haven't been able to reclaim the payment from Instock then I would have thought that the freezer currently belongs to Paypal.

gardener_A

Yes I sent an email to PayPal yesterday - I agree that they now own the FF and I certainly don't InStock to gain any advantage when they have continually lied to their customers and left so many out of pocket. I have now been contacted by Leicester Trading Standards to ask If they can use my experience in any court case so they are clearly in trouble. Thanks for the replies, I'll update on the outcome.