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Company not collecting parcel after I've had a refund

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  • Ectophile
    Ectophile Posts: 7,979 Forumite
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    edited 19 May 2020 at 7:00PM
    For those people who want to read the actual law, rather than just have stupid arguments between themselves, here it is:- Torts (Interference with Goods) Act 1977 http://www.legislation.gov.uk/ukpga/1977/32
    I think Section 12 and Schedule 1 are the relevant parts.

    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    edited 19 May 2020 at 7:19PM
    Ectophile said:
    For those people who want to read the actual law, rather than just have stupid arguments between themselves, here it is:- Torts (Interference with Goods) Act 1977 http://www.legislation.gov.uk/ukpga/1977/32
    I think Section 12 and Schedule 1 are the relevant parts.
    Already posted (reply #6) and yes, it is section 12 that covers the situation in hand.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    Ectophile said:
    For those people who want to read the actual law http://www.legislation.gov.uk/ukpga/1977/32
    I think Section 12 and Schedule 1 are the relevant parts.
    Already posted (reply #6) and yes, it is section 12 that covers the situation in hand.
    So now we go into a fifth page of a thread that was comprehensively answered within the first few posts!  :o
  • Jumblebumble
    Jumblebumble Posts: 1,997 Forumite
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    edited 20 May 2020 at 12:00PM
    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).




    Why do you want to pretend the legislation below does not apply?
    As Moneyineptitude and Ecxtophile  says this was addressed on the first page and any talk of keeping goods or being liable for  6 years is nonsense as by writing the bailee has discharged any duties to safeguard. 

    http://www.legislation.gov.uk/ukpga/1977/32/crossheading/uncollected-goods

    Section 12
    (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.


  • Ditzy_Mitzy
    Ditzy_Mitzy Posts: 1,954 Forumite
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    I'm possibly being thick here, but wouldn't the simplest solution to be to return the goods to the sender, we know who that is, obtain proof of postage and forget about the whole thing? I know this requires paying for postage but it's probably easier than being an involuntary bailee for the next six years!
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    We're on page 5 of this fascinating discussion, but bear in mind the OP hasn't bothered logging in since they asked the question so I suspect this is all academic.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    I'm possibly being thick here, but wouldn't the simplest solution to be to return the goods to the sender, we know who that is, obtain proof of postage and forget about the whole thing? I know this requires paying for postage but it's probably easier than being an involuntary bailee for the next six years!
    It sounds like it's quite a large package so delivering it to a Post Office or courier depot may not be that easy for some and it might be quite expensive to send.
    Also, depending on the value and the type of item, getting insurance may not be cheap (or even possible).
  • Ditzy_Mitzy
    Ditzy_Mitzy Posts: 1,954 Forumite
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    davidmcn said:
    We're on page 5 of this fascinating discussion, but bear in mind the OP hasn't bothered logging in since they asked the question so I suspect this is all academic.
    I hope s/he hasn't been crushed by the enormous parcel. 
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    edited 20 May 2020 at 4:05PM
    Far past time this thread was drawn to a  close IMHO. 

    The OP also posted a duplicate thread about this issue on May 11th and I suspect ,10 days on,  the firm has already uplifted the item or he's sold it! :smile:
     Either way, it looks unlikely he'll ever return to update the thread and therefore  discussion here serves no more purpose. 
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