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Faulty PC from PC retailer
Comments
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yes it is showing signed for todayNo. For at least two reasons.
1) as Unholyangel points out, his silence does not amount to acceptance of the £50 charge.
2) as I mentioned earlier, the Signed For letter probably hasn't been received. Can you confirm whether or not the Signed For letter was indeed signed for by the intended recipient?0 -
That still doesn't indicate he has accepted your unacceptably inflated storage charges...angryparcel wrote: »yes it is showing signed for today
(or, more importantly, that he will ever agree to pay them)0 -
Moneyineptitude wrote: »That still doesn't indicate he has accepted your unacceptably inflated storage charges...
(or, more importantly, that he will ever agree to pay them)
He accepted the contents of the letter when he replied via email to the email which included a copy of the letter and he mentioned the cost to me in returned the item to him, which was in the letter and not in the email.0 -
exactly,He has been given the opportunity to not pay the storage charges, they seem entirely reasonable considering the inconvenience caused by having the boxes stored, preventing the normal enjoyment of the property.
At the end of the day he has been warned, if he allows it to mount up he will have to defend the legal action AngryParcel takes out in small claims Court in due course. As long as regular statements are sent and interest added OP will be fine..
The whole purpose is to encourage vendor to take his naff PC and be done with.
1) He chose to reject the return case in ebay which he told me to open, knowing once he rejected the case ebay would wash their hands of the case
2) He chose to ignore the courier on 5 delivery attempts, which he was the one who kept changing the delivery dates as soon as courier left.
3) He has now been given 14 days to collect the PC or storage charges will apply. the letter send via email and via sign for.
4) He replied to the email mentioning the £19 it cost me in courier fees which means he read and understood the letter ( so accepted its contents).
as it was purchased with a 12 month RTB warranty which he is not honouring then it is not just selling faulty good, but a breach of contract, which the way he has acted implies he is well aware he sold a faulty item as he has done everything to try and avoid taking it back.0 -
Except that it's possible that the CRA won't even apply.Spot on, plus he is not just in breach of contract, you formerly rejected goods in first 30 days, in accordance with Consumer Rights Act 2015.
If the PC in question was purchased with the intention of it being used for the OPs business, it's not a consumer purchase hence the CRA doesn't cover the contract.angryparcel wrote: »it is under my bed (only space ) lucky i still had my old PC as i could not sell that otherwise i would be running my business from my iphone ( which is not ideal)0 -
angryparcel wrote: »exactly,
1) He chose to reject the return case in ebay which he told me to open, knowing once he rejected the case ebay would wash their hands of the case
2) He chose to ignore the courier on 5 delivery attempts, which he was the one who kept changing the delivery dates as soon as courier left.
3) He has now been given 14 days to collect the PC or storage charges will apply. the letter send via email and via sign for.
4) He replied to the email mentioning the £19 it cost me in courier fees which means he read and understood the letter ( so accepted its contents).
as it was purchased with a 12 month RTB warranty which he is not honouring then it is not just selling faulty good, but a breach of contract, which the way he has acted implies he is well aware he sold a faulty item as he has done everything to try and avoid taking it back.
I'm not sure how many times I need to say it, silence does not amount to acceptance. Unless he's replied something along the lines of "yes angryparcel, I'd like you to provide me storage for £50 a day". There is no obligation on someone receiving an offer to reject that offer so not objecting is not the same thing as acceptance.
Nor can an existing contractual duty be consideration for a new contract (you're under a duty to take reasonable care of the goods and make them available for collection).
Which means you're reliant on claiming damages.He has been given the opportunity to not pay the storage charges, they seem entirely reasonable considering the inconvenience caused by having the boxes stored, preventing the normal enjoyment of the property.
At the end of the day he has been warned, if he allows it to mount up he will have to defend the legal action AngryParcel takes out in small claims Court in due course. As long as regular statements are sent and interest added OP will be fine..
The whole purpose is to encourage vendor to take his naff PC and be done with.
Admittedly theres not really any case law as it usually is dealt with by small claims, but in the small claims there have been plenty of claims like the OP's denied. They have also declined to award storage costs of £25 per day for a car (which arguably is a lot more inconvenient to store than a flipping laptop) as they found it excessive. And that was where the claimant had actually paid out £25 a day.
The whole purpose of damages is to put the party not in breach in as near a position financially as if the contract had been completed correctly - not to punish the party in breach by awarding arbitrary amounts. Civil law is not penal in nature.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Citizens advice say it will be covered as it was purchased through my personal account, it would need to be loaned or sold to the business to be classed as a business assetGeorge_Michael wrote: »
If the PC in question was purchased with the intention of it being used for the OPs business, it's not a consumer purchase hence the CRA doesn't cover the contract.0 -
I am well aware what i can do as advised by Citizens Advice and yes acknowledgement of the letter is acceptance of its contents.unholyangel wrote: »I'm not sure how many times I need to say it, silence does not amount to acceptance. Unless he's replied something along the lines of "yes angryparcel, I'd like you to provide me storage for £50 a day". There is no obligation on someone receiving an offer to reject that offer so not objecting is not the same thing as acceptance.
Nor can an existing contractual duty be consideration for a new contract (you're under a duty to take reasonable care of the goods and make them available for collection).
Which means you're reliant on claiming damages.
Admittedly theres not really any case law as it usually is dealt with by small claims, but in the small claims there have been plenty of claims like the OP's denied. They have also declined to award storage costs of £25 per day for a car (which arguably is a lot more inconvenient to store than a flipping laptop) as they found it excessive. And that was where the claimant had actually paid out £25 a day.
The whole purpose of damages is to put the party not in breach in as near a position financially as if the contract had been completed correctly - not to punish the party in breach by awarding arbitrary amounts. Civil law is not penal in nature.
Citizens Advice are also passing his details onto his local Trading Standards to look into his business practices0 -
Don't believe everything that Citizens advice say as they do get it wrong sometimes.angryparcel wrote: »Citizens advice say it will be covered as it was purchased through my personal account, it would need to be loaned or sold to the business to be classed as a business asset
It is what the item is used for that determines whether or not the purchaser is a consumer and not simply how it was paid for.
The following is from the guidance notes to the CRA issued by the government.The other main restriction on who is a consumer is that a consumer must be acting wholly or mainly outside their trade, business, craft or profession. This means, for example, that a person who buys a kettle for their home, works from home one day a week and uses it on the days when working from home
would still be a consumer. Conversely a sole trader that operates from a private dwelling who buys a printer of which 95% of the use is for the purposes of the business, is not likely to be held to be a consumer (and therefore the rights in this Part
will not protect that sole trader but they would have to look to other legislation. For example, if the sole trader were buying goods, they would have to look to the SGA for protections about the quality of the goods).0 -
the business is a limited company, so the item needs to be rented, loaned or sold to the limited company.George_Michael wrote: »Don't believe everything that Citizens advice say as they do get it wrong sometimes.
It is what the item is used for that determines whether or not the purchaser is a consumer and not simply how it was paid for.
The following is from the guidance notes to the CRA issued by the government.0
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