Refund conditional upon return of unsolicited goods?

anmarj

By law the seller has 14 days to refund you.

https://www.gov.uk/accepting-returns-and-giving-refunds

You must refund the customer within 14 days of receiving the goods back. They don’t have to provide a reason.

Agent_Rothbard

Yes this is what used to be called Distance Selling Regs - it's for when a customer changes their mind about a product - which isn't what's happened here. Thanks for the link though. I contacted my bank and they have agreed to a charge-back because the item was not sent out. The bank, at least, is quite clear that the refund is a separate issue to the return of the item supplied in error and cannot be made conditional upon the latter. So good result. If the seller collects the book all well and good, if he doesn't too bad.

wealdroam

Agent_Rothbard wrote: »

Let's just say the amount of money the seller is sitting on is not small. I have no means of getting to the post office and am unwilling to incur any costs to return the item I did not order - which by the way - is worth about £30. You all may be quite happy to put your hands into your pockets for other people's mistakes - I am not and the law supports me on this. What I'd really like is not opinions, which don't interest me, but the law on getting my money back. This seller could decide to take several months to send a courier and several more months to "process" the return. Am or am I not entitled to my money back immediately as breach of contract? Just a simple yes or no with the relevant law would be great.

As you don't want opinions, you have come to the wrong place.

When you signed up to this forum, did you read the forum rules?

I understand you may have forgotten them, so here is a short extract from the very first page:

All info is the opinion of posters – it’s not our view. We have an amazing forum with a huge wealth of helpful info. Yet remember it's open to all, and sometimes messages are posted that are misleading or downright wrong. Most users are helpful but there are always a few bad apples. Don't rely on information being accurate or complete. If you do, it's at your own risk. Please do your own research before acting.

Further down they say:

Equally, this is an open forum, so ordinary forum users should bear in mind anyone can say anything. Just because someone says they're an IFA, broker, electrician, etc and sounds knowledgeable, doesn't mean they ARE one. We obviously can't check that what everyone on the forum says is true. As always, it's essential everyone using the site does their own research.

You need to seek the 'opinion' (that word again) from a lawyer.

Good luck with whatever you decide to do.

societys_child

Mountains and molehills . .

Agent_Rothbard

I obviously cannot stop people posting opinions I'm saying you may as well save yourself the effort because I'm not interested in anyone's hot air. I was hoping there might just be some folks on here with a little actual, you know, knowledge but clearly I was wrong about that!!

wealdroam

Agent_Rothbard wrote: »

I was hoping there might just be some folks on here with a little actual, you know, knowledge but clearly I was wrong about that!!

Could be that some people were not interested in helping you... but I may be wrong about that!!!

Agent_Rothbard

wealdroam wrote: »

Could be that no-one was interested in helping you... but I may be wrong about that!!!

Then why bother to reply at all?

marliepanda

Agent_Rothbard wrote: »

I obviously cannot stop people posting opinions I'm saying you may as well save yourself the effort because I'm not interested in anyone's hot air. I was hoping there might just be some folks on here with a little actual, you know, knowledge but clearly I was wrong about that!!

Honestly the only hot air is you.

Companies make mistakes. They are going to come pick it up, and refund you. Clearly they want to pick it up first because people like you like to harp on about unsolicited goods and want to keep said item when you are not legally entitled to. No wonder they want to pick it up first.

Fair enough you should not be inconvenienced, but you're already moaning about them taking months to pick it up when you've been told this will not happen. Have you actually asked them for a pick up date yet?

You are being stupidly awkward over something really daft. The interest they are 'earning' on your money will be tiny, even if the book cost £500! You also go on about the 'not insignificant' amount of money you have spent on a book, but then moan about the costs of getting to the PO...

unholyangel

Agent_Rothbard wrote: »

I cannot find anything to support the idea that this applies to goods sent to my address.

And yet I found it within seconds

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

Involuntary bailment just refers to circumstances where you are in possession of goods belonging to someone else and you didnt agree to be the bailee for them (ie you never agreed that you would look after them for the owner).

The right to set off is not something they must do so to speak but rather, its a defence to any claim you may have against them (for the return of your money for example).

I'd ask you to keep in mind that you came here for our opinions/expertise and also that your own understanding of the law is nowhere near perfect given that you thought this was unsolicited goods when it isn't. Arguing with us that we're wrong when we're just trying to help is not going to serve you any benefit.

Leo2020

I would like to add this about getting carers/family members to send something to the post office. My Auntie is in her seventies, she has mental health problems, suffers from incontinence, heart problems, is blind in one eye, I could go on but I wont.

My parents who are both retired help her out when they can by doing shopping for her, making appointments, etc. This may sound like they are not doing that much but whatever they buy her is undoubtedly wrong, so it involves another shopping trip. Then there are the regular phonecalls (at least once a day which can be very very early in the morning) when she will be upset about the slightest thing - for example panicking because the council want to replace the boiler in her flat. Everything is the end of the world, sometimes my Mum gets so frustrated with the phone calls she puts the phone down - it might sound harsh but without realising my Aunt can say stuff to upset her.

My Aunt refused to get the eye surgery she so desperately needed but then would agree to go to an appointment only for her to miss it. My parents would then have to rebook knowing that she would miss that appointment. She once missed one even though the hospital had arranged a Taxi to collect her as she was scared she would fall down because there was only the Taxi driver on his own to help her. The next time she insisted they sent an ambulance and two people because she wouldn't be able to manage by herself to get in - when it arrived she walked into the ambulance unassisted - she imagines lots of problems.

So yeah get a family member to nip to the post office. Because they aren't stressed out enough/busy enough looking after their own lives and own problems of course they can't wait to take something to the nearest post office because someone else cocked up. And carers - well that depends on what they are paid to do, some carers are only paid to be a companion - they will not do any tasks around the home or outside. My Aunt had carers but she could not afford them so quit having them after a few weeks - they are not cheap.