When can I dispose of Sellers goods?

Rmplp

I purchased an air conditioning unit which turned out to be faulty. The company would not collect the faulty item and then totally stopped responding to my emails.

I approached my bank and explained, they then accepted all my evidence and started up chargeback.

I've just spoken to my bank, they told me that the 45 days for the seller to respond has expired, there has been no response from the sellers merchants either.

My question is this, how long do I have to keep the aircon unit before I take it the dump?

Im half expecting them to file a claim to the small claims court..

Is there a set period of time in law or can I get rid of them now?

Thanks all

Rob

hollydays

So you've got a chargeback?

[Deleted User]

Rmplp wrote: »

how long do I have to keep the aircon unit before I take it the dump?

Six years.

(I'd put it in the garage or the attic if I were you...)

DoaM

No you don't have to keep it for 6 years, but you are essentially an "involuntary bailee". (Google it)

Write to them (an actual letter) advising them that you've held on to the goods for X weeks/months and you are planning to dispose of the goods unless they respond within 14 days to either arrange collection of confirm acceptance of disposal. Send this letter 1st class from the PO and get a certificate of posting and attach it to a copy of the letter.

If they don't respond in 14 days then write again advising the same. Again get a CoP. If after this 2nd 14 days they don't respond then you can dispose of the goods (e.g. sell for fair market rate for the condition of the goods). Whatever you recoup belongs to them (less and selling expenses) so keep that aside for 6 years.

Rmplp

Excellent, thanks very much for the advice.

I had a feeling they would have some way to come back to me, I personally feel they didn't bother to fight the chargeback as they would have other options later on.

Victorian terraced flat and no garage, the goods are a pain and have been in the way since July. Am I allowed to charge them storage per day? ��.

Will look up involuntary bailee now.

Rmplp

An exception to all the above is the case of an involuntary bailee, one who by not intentional acts is made a bailee. For example, if one is given a stock certificate but it turns out to be the wrong certificate (intended for someone else), he is an unintentional bailee, he has made no intentional act to become a bailee. He is therefore entitled to divest himself of the certificate regardless of a duty of care, so long as he does no malicious or intentional harm to another.


So from what I understand as it wasn't intentional and its involuntary I can divest myself off the goods with no duty of care.

Why do I have to keep the money for 6 years?

Carrot007

Rmplp wrote: »

So from what I understand as it wasn't intentional and its involuntary I can divest myself off the goods with no duty of care.

You said you ordered it. Are you no longer saying this.

Rmplp wrote: »

Why do I have to keep the money for 6 years?

You could offer to give it to them earlier. If they accept it is gone. If they ignore then keep it (for the 6 years).

[Deleted User]

Rmplp wrote: »

So from what I understand as it wasn't intentional and its involuntary I can divest myself off the goods with no duty of care.

You are not an involuntary bailee as you purchased the item, you were not sent it in error. You therefore do indeed have a duty of care and, if you sell it, you must ensure that you maximise the amount you sell it for and keep the proceeds for .....six years. Personally, I'd just store it.

Why don't you contact the retailer who sold you the product again?
Now that you've received a Chargeback, they may well give you permission to dispose of the item (or arrange to collect it).

Alternatively, is it possible that this retailer has stopped trading?

Zandoni

I'd be inclined to keep it for a couple of months then get rid, I'd doubt you'll hear anymore.

Rmplp

Cheers everyone, yes u did post the items, they turned out to be faulty. At first I received an RMA number to return, but the courier they arranged didn't turn up. They refused to answer my emails or calls, literally. They are still trading though.

I did some digging, the directors involved were directors involved in other companies with a very similar name, one common business address though, the other companies become insolvent according to Companies House but they just seem to reopen. The icing on the cake was the name that is charged to my credit card was a company that had closed down in 2011. How VISA are allowing it I dont know, I was able to provide Ll this evidence to my bank and have also contacted trading standards.

In summary, the t&c's of sale were from a company that had become insolvent and I was charged by a different company name who had also closed.

I'm not sure they can enforce anything. I will write to them and give them 14 days and again 14 days after that then dispose of them.

(if anyone is guessing the type of company it's an "air conditioning" business)