White good item received refund but company won't collect

brocq_18

I bought a large white good item and decided to send back which the company have provided a refund for. The issue is they have not collected the item after 3 weeks and I need the space. What can I do? :money:

[Deleted User]

You can't dispose of the item simply because you need the space. Contact them and explain the situation, asking them to expedite the collection.

theonlywayisup

What have you done? Have you let them know?

brocq_18

theonlywayisup wrote: »

What have you done? Have you let them know?

Yes. I believe they are using us as storage as they wanted to get rid of the item when we bought it.

Fosterdog

Was it refunded as faulty or change of mind? If change of mind it’s your responsibility to get it back to them, if faulty it’s their responsibility to collect.

Do they have a physical shop you could take it to or at least call in and ask them to arrange collection?

Rob_LB

Strictly speaking, there is a way around this and is to be found in the Torts (Interference with Goods) Act 1977. Section 12 allows a person who is in possession of someone else's goods to sell them without liability provided that sufficient notice is given and the owner of the goods has not collected them following that notice. You can then sell the goods but the proceeds must be returned to the owner.

You can do this by writing to the company and explaining that they haven't responded to your requests to collect the goods and that in accordance with the above Act, if they don't arrange collection by X date, you will form the reasonable view that the goods have been abandoned and you will then proceed to sell them at auction, less any expenses and the remaining proceeds will be returned. You should also tell them where the goods can be collected from and ideally a contact number to arrange collection.

P.s. they should be given a reasonable amount of time e.g. 14 days before you intend to sell the goods.

arcon5

Except if op changed her mind she may be contractually liable to return it. Relying on tort as a defence for breach of contract wouldn't be a get out

brocq_18

Rob_LB wrote: »

Strictly speaking, there is a way around this and is to be found in the Torts (Interference with Goods) Act 1977. Section 12 allows a person who is in possession of someone else's goods to sell them without liability provided that sufficient notice is given and the owner of the goods has not collected them following that notice. You can then sell the goods but the proceeds must be returned to the owner.

You can do this by writing to the company and explaining that they haven't responded to your requests to collect the goods and that in accordance with the above Act, if they don't arrange collection by X date, you will form the reasonable view that the goods have been abandoned and you will then proceed to sell them at auction, less any expenses and the remaining proceeds will be returned. You should also tell them where the goods can be collected from and ideally a contact number to arrange collection.

P.s. they should be given a reasonable amount of time e.g. 14 days before you intend to sell the goods.

Thanks I thought as much. It's already been 2 weeks +.

BorisThomson

brocq_18 wrote: »

Thanks I thought as much. It's already been 2 weeks +.

You can't just select the answers that tell you what you want to hear!

Did you buy from a physical shop or online? What were the terms regarding cancellation?

Rob_LB

arcon5 wrote: »

Except if op changed her mind she may be contractually liable to return it. Relying on tort as a defence for breach of contract wouldn't be a get out

Quite right arcon5, suppose I have jumped the gun a little here. The OP perhaps needs to give some background as to how the contract was entered into i.e. off premises, distance or on-premises and the reason for the refund as to whether it was faulty or otherwise. Also whether she was made aware that the costs of return will be borne by the OP.

Those answers might give a clue as to whether or not the OP is contractually bound to return or not.