Company not collecting parcel after I've had a refund

Aylesbury_Duck

Supersonos said:

Aylesbury_Duck said:

Supersonos said:

Aylesbury_Duck said:

Supersonos said:

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.

It is neither, based on the information we have.

It's not too large to tuck into a corner and it's not causing the OP a problem?  That's what they suggested in their first post.

No, that the advice given was incorrect and misleading.

I agree, it was misleading.  Hope the OP gets it sorted.

I'm afraid you don't understand.  The advice given was neither incorrect not misleading.  Your suppositions were both.

Jumblebumble

Aylesbury_Duck said:

Supersonos said:

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.

It is neither, based on the information we have.

Can you tell us why this section of the law that Supersonos quotes does not apply here

(c)the bailee can reasonably expect to be relieved of any duty to safeguard the goods on giving notice to the bailor, but is unable to trace or communicate with the bailor.
( I am assuming that someone ignoring me is a failure to communicate)
As an aside there is no way I would entertain storing something like this for 6 years and I suspect a district judge would instantly dismiss any type of case that was bought if 14 days notice had been given and the vendor came back after 5 years and then sued.

[Deleted User]

All this to and fro about six years and being an involuntary bailee is losing sight of the fact that the country is currently in Lockdown.

 To me it seems obvious that the reason for the original delay in sending the item and now the difficulty in making contact is the same. The firm are obviously struggling through lack of staffing resource due to the Pandemic..

Once the Lockdown is over and things return to normal this company will have a record of the Paypal refund made against an item which was subsequently delivered. I sincerely doubt it will be six years (or even six weeks) before the company contact the OP requesting the return of the item. 

In the meantime, I suggest the OP simply keep the item safely. This surely cannot be that much of an imposition? 

These are not normal times.  

Aylesbury_Duck

Jumblebumble said:

Aylesbury_Duck said:

Supersonos said:

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.

It is neither, based on the information we have.

Can you tell us why this section of the law that Supersonos quotes does not apply here

(c)the bailee can reasonably expect to be relieved of any duty to safeguard the goods on giving notice to the bailor, but is unable to trace or communicate with the bailor.
( I am assuming that someone ignoring me is a failure to communicate)
As an aside there is no way I would entertain storing something like this for 6 years and I suspect a district judge would instantly dismiss any type of case that was bought if 14 days notice had been given and the vendor came back after 5 years and then sued.

What law did Supersonos quote?

It's quite straightforward.  OP asked how long he had to keep the item before getting rid of it, to which the correct answer is six years.  In practice of course it's not going to come to that because it's likely that the company will get in touch well before then (probably in the next few weeks as lockdown gradually eases and businesses can start to operate more normally).

As to your aside, neither would I entertain storing it for six years, but that doesn't make the answer incorrect or misleading.

Supersonos

If I were the OP, I'd be reading this and not have a blimmin' clue what to do.

There are times these forums can be anything but helpful where people just get into arguments amongst themselves, which is why I would stick to my original point - tell them they've got 14 days then sell it on eBay or dispose of it.  They're not replying to the OP's calls/emails so what else are they supposed to do?  Storing something for 6 years is ridiculous.  The OP wanted some advice, well that's mine.  If they want bonafide legal advice, they should go and pay a legal professional for it.

If the company get funny about it, I think evidence of all the ignored calls/emails and very generous 14 day warning would be enough to show any judge the OP took planned, thought-through and appropriate action in the circumstances.

And yes, these are "unprecedented times", but most people are back to work now and, even if they're working from home, they can still reply to emails.  They managed to send out the goods, they managed to refund the OP, they can surely manage to reply to their queries.

Aylesbury_Duck

Supersonos said:

If I were the OP, I'd be reading this and not having a blimmin' clue what to do.
There are times these forums can be anything but helpful, which is why I would stick to my original point - tell them they've got 14 days then sell it on eBay or dispose of it.  They're not replying to the OP's calls/emails so what else are they supposed to do?  Storing something for 6 years is ridiculous.

If the company get funny about it, I think evidence of all the ignored calls/emails and very generous 14 day warning would be enough to show any judge the OP took planned, thought-through and appropriate action in the circumstances.

And yes, these are "unprecedented times", but most people are back to work now and, even if they're working from home, they can still reply to emails.  They managed to send out the goods, they managed to refund the OP, they can surely manage to reply to their queries.

And that's fine if OP accepts it as well-meant advice but understands the potential consequences of following it.  From their opening post I inferred that was what they were thinking of doing anyway, but they wanted to understand the legal position.  Which was six years.  It's up to them what they do with that correct information.

Supersonos

Aylesbury_Duck said:

Supersonos said:

If I were the OP, I'd be reading this and not having a blimmin' clue what to do.
There are times these forums can be anything but helpful, which is why I would stick to my original point - tell them they've got 14 days then sell it on eBay or dispose of it.  They're not replying to the OP's calls/emails so what else are they supposed to do?  Storing something for 6 years is ridiculous.

If the company get funny about it, I think evidence of all the ignored calls/emails and very generous 14 day warning would be enough to show any judge the OP took planned, thought-through and appropriate action in the circumstances.

And yes, these are "unprecedented times", but most people are back to work now and, even if they're working from home, they can still reply to emails.  They managed to send out the goods, they managed to refund the OP, they can surely manage to reply to their queries.

And that's fine if OP accepts it as well-meant advice but understands the potential consequences of following it.  From their opening post I inferred that was what they were thinking of doing anyway, but they wanted to understand the legal position.  Which was six years.  It's up to them what they do with that correct information.

How do they know your information is correct and mine isn't?  You've offered nothing to back it up.

shaun_from_Africa

I think that one important question that I think needs answering by the OP and that's are the company concerned still operating or have they shut down during the lockdown? (there may be something on their website about this).

If they are still operating and taking orders and giving estimated delivery dates then I don't think it's unreasonable to have expected a reply from them after sending messages through multiple mediums 3 weeks ago.
if however they have totally closed down, I think the only thing to do is to live with the inconvenience of holding the package until things are back to normal. 

DoaM

Supersonos said:

If I were the OP, I'd be reading this and not have a blimmin' clue what to do.

My post on page 1 explains what the OP can do, and is the correct legal position. (People can argue about the relevance of selling by Ebay but that's a separate question).

However, is the OP ever going to come back to this thread?

[Deleted User]

Supersonos said:
 tell them they've got 14 days then sell it on eBay or dispose of it.  They're not replying to the OP's calls/emails so what else are they supposed to do?  

Where do you get the impression that "most" people are back at work now? If that was the case, the government's furlough scheme would not be so heavily subscribed  and shops, restaurants, cinemas, gyms etc would not still be closed.   

 

Remember that people who despatch large items from warehouses can hardly be "working from home"

Even in normal times,  it would not be acceptable to simply inform the company they have 14 days and then sell the item. There is a specific legal process which should be adhered to. 

Although this forum would normally champion the consumer with impunity (and rightly so), in  cases such as this  and at this time  I think people need to cut businesses some slack. This customer is in no way out-of-pocket and merely has the inconvenience of being an involuntary bailee  for a time. Only if the item is  there for an extended period past lockdown (and with still no contact with the firm) should the OP go down the route you have suggested. 

I wonder why people appear not to realise that it is mistakes such as this firm made (and the subsequent losses) which will only contribute to the inevitable  Economic Depression   looming on the horizon for all of us.