Advice regards a package that a company wont collect please!

nanouk77

Hello

Im not sure if this is the correct thread, but here goes:

We purchased a bed set online, it has chest of drawers, bookcase & bed.

Four large boxes arrived, and two were the same i.e. two bookcases. So we were missing one piece of the furniture set.

We contacted the company, who arranged to have the missing piece delivered. So far, so good.

They did not collect the extra bookcase at the same time as delivering the missing piece.

We have been asking them to arrange collection of this extra bookcase for weeks now. We have explained that as my wife and I are now back at work following the summer holidays, neither of us can take a day off to sit in and wait for collection.

The company are refusing to arrange either a collection at the weekend or after 5:00PM weekday.

The have threatened to take "recovery" measures.

We don't want the item, we aren't trying to be awkward, but we can't take a day off for what is essentially there fault.

Any advice would be gratefully received.

neilmcl

How big is the box?

Can one of you not take it to work and get them to collect there?

I think you're being fairly reasonable and if they wish to take the so-called "recovery measures" let them, I can't see any court judgement going against you.

shaun_from_Africa

Why not get a price for a courier that will collect from your house at a time of your choosing and then contact the seller informing them of the cost and ask them to prepay you for this so you can arrange for the goods to be sent back.
They will probably refuse but at least you will then be able to show that you have made a good effort to get their goods returned.

nanouk77

Thanks for your thoughts.

The box is too big to lift. Even between the two of us, we struggled to move it from the hallway. When we were building the set, we had to open the boxes where they were delivered to and move them piece by piece.

nanouk77

Thanks Shaun, that's a good suggestion.

I'll give that a go.

Marktheshark

The law on unsolicited goods (1971) is quite clear.
You have to offer them reasonable access to collect the goods.
Reasonable to you and not having anybody that can collect outside working hours is not your problem.

Inform them you will defend any legal proceedings under Unsolicited Goods and Services Act 1971 + Consumer contracts regulations 2013 and apply for costs from the court of £90 + extraneous payments of £18 per hour for the comapny acting unreasonably by failing to collect the goods when made available by the client at the 3 x 1 hour slots made available.
Supply 3 dates and times convenient to of 1 hour slots for them to collect, at which point if they refuse you will store the goods for six months as per the act before they become your property.
If they dont have anyone who can collect when you are at home that is their problem not yours.
They sent the goods in error, the law is on your side, you do not have to have a day off work for them to collect, they have to do it at your convenience as in after work or a weekend.

neilmcl

These are not unsolicited goods, they are items sent in error, plain and simple!

Marktheshark

neilmcl wrote: »

These are not unsolicited goods, they are items sent in error, plain and simple!

Which is what unsolicited goods are, unless they make a habit of sending goods in error as company policy.
They were not ordered, they were therefore unsolicited, as not contracted by sale .
The Clue is in the name.

nanouk77

Thanks for the advice Mark!

neilmcl

I'm sorry but you are incorrect. There is a marked difference between unsolicited goods and goods sent by mistake as part of an existing order or request.

shaun_from_Africa

Marktheshark wrote: »

Which is what unsolicited goods are, unless they make a habit of sending goods in error as company policy.
They were not ordered, they were therefore unsolicited, as not contracted by sale .
The Clue is in the name.

They are not unsolicited goods (goods sent in error are not classed as unsolicited goods) and even if they were, your post is still wrong.
If unsolicited goods are delivered, you can treat them as a free gift and are under no obligation to inform the sender nor do you have to return them or allow the sender to collect them.