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Faulty PC from PC retailer

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angryparcel
angryparcel Posts: 926 Forumite
edited 27 May 2017 at 1:29PM in Consumer rights
Hi
I purchased a PC from a business seller via their ebay shop with my Credit Card.
Several weeks later it started to freeze and only way to fix was to reboot PC, this was happening every 30 mins or so.
As this come with a 12 month RTB warranty i contacted the seller via eBay and after 4 days the seller replied instructing me to open a return claim through ebay and they will send replacement, so this is what i do and almost instantly the seller rejected the return claim, so ebay washed their hands of it and told me to contact Paypal, which in did and all paypal kept saying is i have to pay to return it and they would refund me, well after several days telling them as its faulty it is the sellers that should cover return, they agreed to cover the return costs, so this was collected on 15th May for delivery on 16th May, but 16th May it was a failed delivery, but within minutes the seller changed the delivery date to the 17th, same on 17th a failed delivery and again withing minutes seller changed the delivery date to 18th, this went on all week (good on UK mail for trying all week), after speaking to paypal as i was told they had to give seller 3 days to confirm delivery they agreed with me as it seemed the seller was just avoiding the delivery driver and after they left was changing the delivery day, so they closed the case in my name and refunded me the £185 i paid ( just have to wait upto 5 days for it to get back on my card), the courier tracking shows they are going to try and deliver again tomorrow, but it was the courier who chose the delivery date this time, so i suspect it will be returned to me after this attempt if it fails.
Paypal told me if it is returned then it will be upto the seller to arrange its collection.

My question is if it is returned to me then how long have i to give the seller to collect it before i dispose of it
«134567

Comments

  • George_Michael
    George_Michael Posts: 4,251 Forumite
    First Anniversary Name Dropper First Post
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    Legally I think that the seller has up to 6 years to chase you for the computer or the monetary value of it.

    You can dispose of it but there is a process that you should follow.
    This involves writing to the owner of the computer and giving them a reasonable period to arrange collection (at your convenience).
    If they fail to do so, you can sell the goods but you must attempt to get a fair price (ie, you can't sell to a mate for a fraction of the value).

    The original owner then has up to 6 years to get the money from you but you can deduct any reasonable costs such as advertising the computer before you sold it.

    Going by the actions of the seller, I can't see them taking you to court for the money if you dispose of the computer and don't let them have what you received but you never can tell.
  • angryparcel
    angryparcel Posts: 926 Forumite
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    looks like UK Mail has had second thoughts of trying to deliver it again today as the tracking now shows
    Your parcel 31299000022974 is at the delivery depot
    Your parcel is due to be delivered on Friday 19th May 2017
    and the only options available if they want it delivered is

    Leave in a safe place
    Leave with neighbour
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    DavidP24 wrote: »
    You seem to be ignoring your statutory rights

    Right to reject for full refund within 30 days if it fails

    After that and to 6 months you have to give them chance to repair, after that you need an expert report which if negative on supplier they have to pay for.


    The OP has already had a full refund via Paypal as they went through the Paypal buyer protection process.
  • angryparcel
    angryparcel Posts: 926 Forumite
    edited 22 May 2017 at 4:41PM
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    The OP has already had a full refund via Paypal as they went through the Paypal buyer protection process.

    yes and courier still trying to deliver the PC back to the seller. eventually this will most likely be returned to me as unable to deliver.

    As in a 1 bed flat i dont have the space to store this PC for months while waiting for the seller to collect.

    this is the latest on the couriers tracking site
    Your parcel 31299000022974 has been rearranged by the recipient
    Your parcel is due to be delivered on Tuesday 23rd May 2017
  • angryparcel
    angryparcel Posts: 926 Forumite
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    so the courier has given up being given the runaround by this seller not answering the door and then immediately changing the delivery date only to keep doing the same.
    It is being returned to me tomorrow, so it looks like i will have to find somewhere to store this
  • angryparcel
    angryparcel Posts: 926 Forumite
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    DavidP24 wrote: »
    You seem to be ignoring your statutory rights

    Right to reject for full refund within 30 days if it fails
    I did not as that is what i demanded,but got this from seller
    Our returns policy says if an item develops a fault during the first year of operation they may return it for repair in line with the sales of goods act the buyer should return the item to

    *******

    Once the fault has been confirmed the item would be repaired / replaced at our discretion and returned to the buyer.

    so i told them on my Statutory rights and i want them to collect it for a full refund
    3 days later i got
    I have been away on holiday.

    If you want to open a case and return it I can send you a replacement out

    ******
    so that is what i did only for them to immediately reject this the return case, so ebay ended their help

    and all last week UKMail tried to deliver this back to them as per paypals request, but they just ignored the delivery attempts as within minutes of the courier trying they changed the delivery date.
    so the courier has given up after 6 attempts
  • angryparcel
    angryparcel Posts: 926 Forumite
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    So this PC turned up today and as per advice given to me by Citizens Advice a recorded letter has been sent to them giving them 14 days to arrange collection.
  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    So this PC turned up today and as per advice given to me by Citizens Advice a recorded letter has been sent to them giving them 14 days to arrange collection.
    From their previous behaviour I would expect them to refuse to sign for the Signed For® letter.

    perhaps you should resend the letter without using the Signed For® service.

    What did you tell them would happen if the 14 days expired before collection?
  • angryparcel
    angryparcel Posts: 926 Forumite
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    wealdroam wrote: »
    From their previous behaviour I would expect them to refuse to sign for the Signed For® letter.

    perhaps you should resend the letter without using the Signed For® service.

    What did you tell them would happen if the 14 days expired before collection?
    I also sent a copy of the letter to both emails i have for them.
    I was told if they dont collect in the 14 days to contact them and they will explain other steps i could take
  • angryparcel
    angryparcel Posts: 926 Forumite
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    Oh as i was typing that message i just got this email from them
    Once a fault has been established I would be happy to refund costs incurred, UK mail had agreed to delivery the item today but can only assume they have foregone this, unfortunately I am rarely home as I work away but if you let me know what day next week is convenient for you I will get DPD to collect this directly from you.
    You will need to forward your receipt for any postage costs that you have not already been refunded for.
    Regards
    strange i wonder who was changing the delivery dates each day, also i have no idea how he says UK mail was delivering it to him today when they send it back to me yesterday and i got it this moening
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