Return never collected, over 2 years. Now say they want to collect?

Mark31

Hello all,

Back in October 2016 I ordered a new PC monitor, it arrived with a few faults so I contacted the supplier and they sent a new one and said they would arrange collection for the problematic monitor to be collected.

It was never collected, I did try contacting the supplier twice via email about this but I was never responded to. Anyway the reason is the replacement monitor now has a defect and is under warranty, they will replace but said the old monitor was never sent back and want to collect.

They say there is no proof of these emails. I certainly do not have them any longer either. The old monitor was safely packaged and sat in storage for the best part of 14 months. I assumed they had decided it wasn't worth collecting because of the defect. Around a year ago I was checking storage and found the monitor, I had forgot about it and promptly checked its working order. It didn't work at all now, inputs were non responsive so I thought it had been over a year I will dispose of it and it was disposed of with the rubbish.

So where does this leave me with the supplier, they arranged collection and it was never collected, they never responded to my emails and say "no proof of these emails" and it has been 27 months since collection should have taken place.

Kind regards,

Mark Quinn

powerful_Rogue

Mark31 wrote: »

Hello all,

Back in October 2016 I ordered a new PC monitor, it arrived with a few faults so I contacted the supplier and they sent a new one and said they would arrange collection for the problematic monitor to be collected.

It was never collected, I did try contacting the supplier twice via email about this but I was never responded to. Anyway the reason is the replacement monitor now has a defect and is under warranty, they will replace but said the old monitor was never sent back and want to collect.

They say there is no proof of these emails. I certainly do not have them any longer either. The old monitor was safely packaged and sat in storage for the best part of 14 months. I assumed they had decided it wasn't worth collecting because of the defect. Around a year ago I was checking storage and found the monitor, I had forgot about it and promptly checked its working order. It didn't work at all now, inputs were non responsive so I thought it had been over a year I will dispose of it and it was disposed off with the rubbish.

So where does this leave me with the supplier, they arranged collection and it was never collected, they never responded to my emails and say "no proof of these emails" and it has been 27 months since collection should have taken place.

Kind regards,

Mark Quinn

They have six years to claim against you.

Aylesbury_Duck

Agreed. It leaves you owing them the cost of the defective monitor you threw away.

Mark31

Well this is not good news at all.

So to cover myself here, it's been 27 months. Surely there is something on my side as they seem to think holding onto something on my property for over 2 years is reasonable?

Can I counter with storage fees? Secondly the item would have seriously devalued over the 2 years with technology and secondly it was defective to begin with. What can they reasonably value the monitor at?

It was around £450 when new, for a pristine condition one over 2 years ago.

powerful_Rogue

Mark31 wrote: »

Well this is not good news at all.

So to cover myself here, it's been 27 months. Surely there is something on my side as they seem to think holding onto something on my property for over 2 years is reasonable?

Can I counter with storage fees? Secondly the item would have seriously devalued over the 2 years with technology and secondly it was defective to begin with. What can they reasonably value the monitor at?

It was around £450 when new, for a pristine condition one over 2 years ago.

You can't charge storage fees.
Unfortunately you can't use the devalued price, it will be the price when you received it. The issue you have is that that they don't know the item was faulty, so might go for the full price.


Could you not have phoned them up or sent them a few more emails? For something of that value, I certainly would not have left it as you did and binned it, however hindsight is a wonderful thing.

Aylesbury_Duck

It's not about covering yourself, I'm afraid you're clearly in the wrong. Two emails in two years is hardly going to great lengths to notify them, is it? You'll get nothing for storage.

I suspect your problem will be less about what they value the old monitor at and more about how helpful they're inclined to be with someone who disposed of their property. They might suspect you sold it. It's not really about its depreciated value now, it's about the value to them at the time it should have gone back to them. My guess is that they will want reimbursement for the lost monitor before they deal with your latest warranty claim.

davidmcn

Coincidentally, there was a Scottish appeal case reported on today about a faulty leather suite which the customer disposed of after the retailer failed to collect. The customers did try rather harder than the OP, with at least seven attempts at sending recorded delivery letters plus getting their MP involved (ultimately decided that they were entitled both to keep their refund and to dispose of the suite).

In this case I think the OP should call it quits - I presume the retailer isn't going to press the issue as long as they're not expected to sort out the claim for the replacement monitor.

Mark31

Thanks for the replies,

I think in this case maybe I approach them to call it quits. I can make do with the fault on the current monitor to save myself this drama but are they likely to even accept something like that?

I mean it saves them sending me a brand new refurbished monitor too...

They don't replace the current monitor, I don't argue and likely have to pay for the old broken monitor they never collected.

Carrot007

Mark31 wrote: »

They say there is no proof of these emails. I certainly do not have them any longer either.

Odd, I have pretty much every email I have sent, and most recieved since 2001.

Mark31 wrote: »

The old monitor was safely packaged and sat in storage for the best part of 14 months. I assumed they had decided it wasn't worth collecting because of the defect

Did you not think to ask them before disposal since you had hardly contacted them before, especially since you had deleted the evidence?


Seems to be a case of taking the easy option coming back to bite you. We've all been there!

Mark31

Yes it does look odd, perhaps if I still worked for the company whos email I was using at the time I could access them but I have not been an employee with them for some time.

As they arranged collection, didn't turn up on the day, never contacted me again and didn't respond to my emails I kept the item safe for 14 months. The onus was certainly on them and not me surely?

I assumed they didn't want it back, cost of collection and repair too high to them. I feel like the fact I kept it safe for 14 months and made two attempts to arrange them to collect I did my part in this.

bris

Carrot007 wrote: »

Odd, I have pretty much every email I have sent, and most recieved since 2001.

Is it? I think it's odd to keep useless emails sent or received and clean them up all the time.


To be fair 2 years later this has came back to bite the OP, unforeseen as it may be and they are mostly to blame so I doubt they will do anything about it anyway.


The 2 emails weren't enough to absolve the OP of their duties as an involuntary baillee so they are kind of irrelevant anyway.


I would call their bluff because they simply wont be chasing the cost of a faulty monitor through the courts.