Warranty replacement sent two - Refuses to accept that they sent 2 ?!

Sheskinho

So I had this computer item sent for warranty since it broke, well well, now they sent two back. Both are new and sealed. I'm using one now but the other is still here. I tried calling them up and explaining that they sent two and they need to collect it. They told me that it's not possible and everything in their warehouse is accounted for.

I took pictures and sent the pictures to them. They still said everything is accounted for. They said that if I feel there's an error I can send one of them back myself (meaning, pay for the postage myself).

What should I do? I'm tired of wasting more time into trying to get them collect what's theirs back. Can I just assume that they don't want this and sell it on Ebay? Or am I under obligation to hold onto it for them?

Price of the item (new) is about £250.

Stevie_Palimo

If you have tried without fail to send back the additional one I would write a letter stating something along the lines below :-

Dear Sir's 10/06/16

Further to my recent communications with yourselves in relation to the additional item sent to me that you believe was not from your Company as per previous emails, I have tried several times so far to have this item collected to no avail and hereby give you a notice period of 30 days from date of this letter to send a courier to my address and collect the item, Should you fail to do so within the specified time you will leave me no alternative other than to dispose or give this to a local charity to use.

I am not willing to cover the delivery fee's my end as the error was down to your Company, If you are still adamant that this item is not from your Company then please write a confirmation back to me stating this so that I can dispose of it accordingly.

Yours,

Sheskinho



Check the courier label to and make sure that they are from the same place, If they confirm in writing that it is not there's then do what you want with it.

marliepanda

You can't 'dispose'of it as its still not yours, nor can you donate it to charity. They have 6 years to pursues you for the value.

That's not to say you have to keep it in your house. Sell it on eBay, whatever it gets its gets, and you can deduct selling fees. You might only end up with £100 but you can document that you attempted to sell it properly. You can't offload it for mates rates.

tykesi

marliepanda wrote: »

You can't 'dispose'of it as its still not yours, nor can you donate it to charity. They have 6 years to pursues you for the value.

That's not to say you have to keep it in your house. Sell it on eBay, whatever it gets its gets, and you can deduct selling fees. You might only end up with £100 but you can document that you attempted to sell it properly. You can't offload it for mates rates.

Exactly, ignore Steve Palimo's post, it is incorrect. I also wouldn't send an email or letter to a company with grammar and punctuation errors, it makes you look stupid.

wealdroam

As others have said, there are rules covering this sort of thing.

Although not quite your scenario, the principle is the same and this Derbyshire Trading Standards leaflet describes the process you need to follow.

Following Stevie Palimo's suggestion could get you into trouble.

ThumbRemote

Just to add to the advice above, when you sell the item following the process as descrived, you are under no obligation to give the retailer their money back until they ask for it. They have 6 years to ask.

Stevie_Palimo

I have done it before and not had any issues when I get several items turn up after paying for one and they disputed I had them so I sent a letter to the effect of my post and then got rid of them, Never had any issues.

marliepanda

Stevie_Palimo wrote: »

I have done it before and not had any issues when I get several items turn up after paying for one and they disputed I had them so I sent a letter to the effect of my post and then got rid of them, Never had any issues.

Anecdotal evidence doesnt overrule the actual law though.

Maybe you did it 100 times and it was fine. Doesnt mean it was legal. And it certainly doesn't mean the OP won't have issues.

Of he does it properly he might have a bit of cash after 6 years thats his. If he doesn't he could end up owing them money.

I know what I'd rather do.

Stevie_Palimo

But if you write to them and say come and collect this within 30 days otherwise I will dispose of it and they claim it is not there's and also confirm in written format this would be sufficient to quash any challenge made later on.

marliepanda

Stevie_Palimo wrote: »

But if you write to them and say come and collect this within 30 days otherwise I will dispose of it and they claim it is not there's and also confirm in written format this would be sufficient to quash any challenge made later on.

According to?

Mistakes happen. You know its not yours. That letter you describe does not transfer ownership to you from the company.

Stevie_Palimo

marliepanda wrote: »

According to?

Mistakes happen. You know its not yours. That letter you describe does not transfer ownership to you from the company.

Bottom line here is that if you have tried and can show proof of requesting that a Company collect an item and they are adamant that it was not sent to you, Then you have a letter from them also stating so and after you have given a time period to collect said item any legal challenge made thereafter would be based on the balance of probabilities, Any Court in there right mind seeing that you have made several requests and are clear with a Company that they own this item only to be told no each time would be sufficient to have a legal challenge quashed.

Whilst laws are in place for a reason here they are overseen by a Judge and in certain cases the Judge will look at other details including laws to make a decision, It is not as cut and dry as your post is trying to say.