Company not collecting parcel after I've had a refund

Aylesbury_Duck

Supersonos said:

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.

Because yours is prefaced with "If it were me....", and mine was based on the limit of time in which the company could seek to recover their costs.

George_Michael

I think the problem arises from the first reply which IMO, was incorrect. 

moietil said:

Anyone know legally how long do i have to keep it before getting rid of it - 

Aylesbury_Duck said:

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.

The OP is under no legal obligation to keep the goods for 6 years but their liability for the value of those goods does remain for 6 years. 
They can legally dispose of them before this and provided they have given the sender reasonable notice of their intention to sell and make the money from that sale available to them should they ask for it, they have covered themselves.

Aylesbury_Duck

George_Michael said:

I think the problem arises from the first reply which IMO, was incorrect. 

moietil said:

Anyone know legally how long do i have to keep it before getting rid of it - 

Aylesbury_Duck said:

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.

The OP is under no legal obligation to keep the goods for 6 years but their liability for the value of those goods does remain for 6 years. 
They can legally dispose of them before this and provided they have given the sender reasonable notice of their intention to sell and make the money from that sale available to them should they ask for it, they have covered themselves.

Yes, that's fair.  My initial answer was a little clumsy.

Supersonos

DoaM said:

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.

Not according to "Aylesbury Duck"

@DoaM: "the OP does not need to hold onto the goods for 6 years."
@Aylesbury_Duck "OP asked how long he had to keep the item before getting rid of it, to which the correct answer is six years."

You can't both be correct (although I notice Aylesbury Duck is conveniently ignoring the request to back-up their advice, so I'm going with DoaM).

[Deleted User]

Supersonos said:

You can't both be correct.

The correct and definitive answer is that the OP is under no legal obligation to keep the goods for 6 years, but  their liability  for the value of those goods is indeed for a period of  6 years.

 In other words, if they intend to sell the item they need to realise that any  proceeds from such a sale remain the property of the firm. For this reason, any sale should be for as near as possible to market value  and the funds should be made available to the firm on demand for six years. 

Aylesbury_Duck

Supersonos said:

DoaM said:

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.

Not according to "Aylesbury Duck"

@DoaM: "the OP does not need to hold onto the goods for 6 years."
@Aylesbury_Duck "OP asked how long he had to keep the item before getting rid of it, to which the correct answer is six years."

You can't both be correct (although I notice Aylesbury Duck is conveniently ignoring the request to back-up their advice, so I'm going with DoaM).

Not at all, and I'm happy to admit my original answer was clumsy and that DoaM's answer is better than mine.  There's plenty out there about the six year limitation but yes, there's a difference between OP having to keep the item for six years and having legal responsibility for it (or its value) for up to six years.  Sorry that I didn't grasp what you were getting at.

[Deleted User]

Aylesbury_Duck said: there's a difference between OP having to keep the item for six years and having legal responsibility for it (or its value) for up to six years.  

For many people it's far easier to just store such items once they realise that they cannot just sell it for a bargain price and then keep the proceeds. Who would be likely  to buy this item from a private seller for market value anyway? 

Supersonos

No wonder the OP hasn't bothered returning.

[Deleted User]

Supersonos said:

No wonder the OP hasn't bothered returning.

He hasn't returned because his query was answered comprehensively at post #6 of this thread. Thirty three argumentative posts  later, the firm have likely  now uplifted the offending item!

Aylesbury_Duck

Supersonos said:

No wonder the OP hasn't bothered returning.

Maybe he can't get past the parcel to his computer?