Company not collecting parcel after I've had a refund

moietil

I ordered an item which didn't arrive- I had no confirmation and no tracking but could see my paypal transaction had gone through. After just over 3 weeks  and after contacting the company 3 times with no reply - I contacted Paypal.  I got a full refund the next day but no contact from the company.  I then ordered the item from elsewhere with next day delivery and I was happy. Then 3 days later the original itrem turned up.  I immediately contacted the company asking them to arrange to collect the parcel - Nothing.  I contacted again via their web contact form - again Nothing. So, for the last 2 weeks I have a large parcel blocking up part of my hall that I don't want.  Anyone know legally how long do i have to keep it before getting rid of it - or any other suggestions welcome.  Thanks

Aylesbury_Duck

Six years.

They'll eventually get in touch and you'll either be asked to return it (at their cost), they'll ask you to destroy it and dispose of it, or let you keep it, in which case it's up to you what do do with it.

Supersonos

If it were me, I would write to them telling them that if collection isn't arranged within 14 days, I'll dispose of it.

After 14 days, put it on eBay.

societys_child

Supersonos said:

If it were me, I would write to them telling them that if collection isn't arranged within 14 days, I'll dispose of it.

After 14 days, put it on eBay.

Legally it's not the OPs property to dispose of, no matter how many letters he writes.

As previously answered, the owner has up to 6 years to collect their goods

Supersonos

societys_child said:

Supersonos said:

If it were me, I would write to them telling them that if collection isn't arranged within 14 days, I'll dispose of it.

After 14 days, put it on eBay.

Legally it's not the OPs property to dispose of, no matter how many letters he writes.

As previously answered, the owner has up to 6 years to collect their goods

So the OP has to store something they don't want for six years just because the seller can't be bothered to come and collect it?  What if they literally didn't have the room to store it - could they rent a storage unit and then get the c. £6,000 storage costs back from the seller?

DoaM

An involuntary baillee (which is what the OP is) must write, twice, to the owner to advise them to collect the goods else they will be disposed* of. It is recommended to give at least 14 days between each letter for the owner to comply. This is the legal position - the OP does not need to hold onto the goods for 6 years.

* Dispose means to sell for fair market value (as best as can be achieved, so perhaps not Ebay nor "mate's rates" down the pub - whenever they may reopen). The funds are then to be made available to the owner (less reasonable selling expenses).

shaun_from_Africa

Supersonos said:

So the OP has to store something they don't want for six years just because the seller can't be bothered to come and collect it?  What if they literally didn't have the room to store it - could they rent a storage unit and then get the c. £6,000 storage costs back from the seller?

What the OP can do is to follow the requirements here:
http://www.legislation.gov.uk/ukpga/1977/32/crossheading/uncollected-goods
by writing to the seller and giving them a reasonable time to collect the goods and advising them that if not collected, the goods will be sold. They have to be sold at the market rate (they can't get a mate to buy them for a fraction of their true value) and the original seller is legally entitled to the proceeds from the sale minus any costs incurred from selling them.

Supersonos

shaun_from_Africa said:

Supersonos said:

So the OP has to store something they don't want for six years just because the seller can't be bothered to come and collect it?  What if they literally didn't have the room to store it - could they rent a storage unit and then get the c. £6,000 storage costs back from the seller?

giving them a reasonable time to collect the goods and advising them that if not collected, the goods will be sold. 

This was my understanding - "reasonable time".  I would argue 14 days (as I said) is a reasonable amount of time to allow someone to arrange to collect something or, at least, contact you and ask for more time/to discuss a timetable of collection.

But the idea that someone has to store something for six years is ludicrous.  Otherwise I'd send people I hated old, smelly sofas, tyres and mattresses "by mistake" and tell them I'll ensure it's collected by May 2026.

KatrinaWaves

I think the time that it’s reasonable for them to collect it is different at the moment.

If it’s a huge item taking up a whole room (mattress, wardrobe) then fair enough, but if it can be tucked in a corner with no harm to anyone, what’s the problem? 

Supersonos

KatrinaWaves said:

I think the time that it’s reasonable for them to collect it is different at the moment.

If it’s a huge item taking up a whole room (mattress, wardrobe) then fair enough, but if it can be tucked in a corner with no harm to anyone, what’s the problem? 

The OP said "for the last 2 weeks I have a large parcel blocking up part of my hall that I don't want" which would suggest to me that it's too big to tuck into a corner and is causing the OP a problem.

I think the advice that the OP has to live with it for six years is incorrect and misleading.

davidmcn

We have no idea of the value of the item, though the fact the company doesn't seem too bothered about accidentally despatching it, or retrieving it, suggests the OP might not be taking too big a risk by assuming they're never going to bother.