Bank Charge Back and Supplier now wants broken product back that was discarded

FuzzyDuck1

Hi
After 10 weeks of going to and fro with a company that sold my partner a summer house, that was delivered with broken parts and missing parts we did a charge back through his bank as it was getting close to the 120 day limit. The supplier had stopped contacting us to resolve after they continued to insist on sending replacement parts. It would have been the 4th delivery of replacement parts in 10 weeks by this time as the previous replacement parts were also broken, bent, missing etc and other than 6 panels of wood that weren't bent and the roof ( we were still awaiting the new nails and fixings and beading to hold it into place that still hadn't been delivered after more than a month of chasing for them). It was really taking its toll on my partner as he is disabled and needed the summer house to put his hydro therapy pool in to do his exercises to help with his disability) Our final email to the supplier was detailing all of the  relevant parts from the Consumer Act and asked them to either refund, come out and rectify it to the standard in which it was advertised or to receive partial refund. We didn't hear back from them in over 2 weeks so we went to the bank who raised the Charge Back claim and was refunded the same day. They did advise that it was unlikely under the circumstances from the information we had provided to them, but the money could be taken out of my partners bank again within 30 days if the supplier challenged it. We have just under a week until this 30 days is up so have left the money in the account until after this date. Just over a week ago, with the storms, the summer house started to fully collapse and roof very nearly blew off as it was never fixed into place properly as the parts were never received, so it was dismantled and disposed of in case it blew into someone's property or worse. The Company have now emailed my partner ( we had heard nothing from them in 6 weeks since my email regarding our consumer rights) stating that "In line with the charge back", they will be arranging to collect the summer house and to have it available for them. We no longer have it and I have scoured the internet to find if they can insist on this back when they refused to collect and refund previously. We are now worried that the company will take my partner to court over disposing of the product. Does anybody know if we are now in trouble? Thanks 

mattyprice4004

In your last notice with the deadline, did you make it clear to them that you will be disposing if not collected? 
You need to have made this crystal clear - if you gave them options but didn't mention you'll be binning it, I think you've caused yourself a bit of a problem here! 

Spank

Sadly yes. As soon as you had your money back you no longer owned the summer house. They will probably reverse the chargeback now.

powerful_Rogue

FuzzyDuck1 said:

Hi
After 10 weeks of going to and fro with a company that sold my partner a summer house, that was delivered with broken parts and missing parts we did a charge back through his bank as it was getting close to the 120 day limit. The supplier had stopped contacting us to resolve after they continued to insist on sending replacement parts. It would have been the 4th delivery of replacement parts in 10 weeks by this time as the previous replacement parts were also broken, bent, missing etc and other than 6 panels of wood that weren't bent and the roof ( we were still awaiting the new nails and fixings and beading to hold it into place that still hadn't been delivered after more than a month of chasing for them). It was really taking its toll on my partner as he is disabled and needed the summer house to put his hydro therapy pool in to do his exercises to help with his disability) Our final email to the supplier was detailing all of the  relevant parts from the Consumer Act and asked them to either refund, come out and rectify it to the standard in which it was advertised or to receive partial refund. We didn't hear back from them in over 2 weeks so we went to the bank who raised the Charge Back claim and was refunded the same day. They did advise that it was unlikely under the circumstances from the information we had provided to them, but the money could be taken out of my partners bank again within 30 days if the supplier challenged it. We have just under a week until this 30 days is up so have left the money in the account until after this date. Just over a week ago, with the storms, the summer house started to fully collapse and roof very nearly blew off as it was never fixed into place properly as the parts were never received, so it was dismantled and disposed of in case it blew into someone's property or worse. The Company have now emailed my partner ( we had heard nothing from them in 6 weeks since my email regarding our consumer rights) stating that "In line with the charge back", they will be arranging to collect the summer house and to have it available for them. We no longer have it and I have scoured the internet to find if they can insist on this back when they refused to collect and refund previously. We are now worried that the company will take my partner to court over disposing of the product. Does anybody know if we are now in trouble? Thanks 

Sorry to say, but you should never have disposed of the summerhouse. When you took it down after the storm, you should have secured the items somewhere safe in the garden. I'm pretty sure as you are unable to return the summerhouse, the will be able to get the chargeback reversed.

FuzzyDuck1

Thank you for your comments, I feel sick. There was no safe place to put the broken parts in the garden safely and we really did have  no alternative but to get it dismantled as it wasn't securely fixed and was parts blowing around which could have caused damage to not only my partner, his young daughter but to the neighbourhood. If they reverse the chargeback, they still failed to abide by the consumer rights act in the first instance and refused to collect it and refund and the charge back was really the very last resort as we had tried to resolve with the supplier. They even said that the summer house that they supply as a kit with a 15 year guarantee had no guarantee as he didn't chose to have them install it. It didn't say anywhere on the web page or terms and conditions that if he didn't pay them to install it, he waived his right to the guarantee. So now, not only has he lost over £200 in having someone erect the defective summer house and each time they needed to come and try to put the new parts on, he has now lost £700 for the product too. Surely this cant be right. 

FuzzyDuck1

mattyprice4004 said:

In your last notice with the deadline, did you make it clear to them that you will be disposing if not collected? 
You need to have made this crystal clear - if you gave them options but didn't mention you'll be binning it, I think you've caused yourself a bit of a problem here! 

No, in our last correspondence to them, we asked them to collect and refund within 14 days and that was over 5 weeks ago now as we contacted the bank when they didn't do this within this time and had no response from them.

FuzzyDuck1

baza52 said:

tonyhender said:

You won chargeback and you where right to dispose of the summer house.

sorry but that quote is wrong. You cant just throw something away and get a refund. They are entitled to have the product back.
I also think the chargeback will be reversed.

I understand what you are saying but the company didn't collect and refund within 14 days as we had requested and had stopped communicating with us which is why we were left In the position of going to the bank in the first instance. Do you know which part of legislation it details this as I scoured the internet and there are no guidelines to consumers regarding this issue. Thank you

FuzzyDuck1

baza52 said:

tonyhender said:

You won chargeback and you where right to dispose of the summer house.

sorry but that quote is wrong. You cant just throw something away and get a refund. They are entitled to have the product back.
I also think the chargeback will be reversed.

Also, it wasnt a refund we received as the company refused us one. We understood that with a refund you return the item, we offered for the company to collect and refund  but they didn't. This is charge back which works differently to the usual refund process from my understanding, although there is very little infromation on the legalities surrounding a charge back other than the financial process.

powerful_Rogue

FuzzyDuck1 said:

baza52 said:

tonyhender said:

You won chargeback and you where right to dispose of the summer house.

sorry but that quote is wrong. You cant just throw something away and get a refund. They are entitled to have the product back.
I also think the chargeback will be reversed.

Also, it wasnt a refund we received as the company refused us one. We understood that with a refund you return the item, we offered for the company to collect and refund  but they didn't. This is charge back which works differently to the usual refund process from my understanding, although there is very little infromation on the legalities surrounding a charge back other than the financial process.

A chargeback is where the bank reclaims the money back from the retailer. You seem to be clutching at straws, which is understandable. However when they report to the bank you are unable to return the item, they chargeback will be reversed.

baza52

FuzzyDuck1 said:

baza52 said:

tonyhender said:

You won chargeback and you where right to dispose of the summer house.

sorry but that quote is wrong. You cant just throw something away and get a refund. They are entitled to have the product back.
I also think the chargeback will be reversed.

Also, it wasnt a refund we received as the company refused us one. We understood that with a refund you return the item, we offered for the company to collect and refund  but they didn't. This is charge back which works differently to the usual refund process from my understanding, although there is very little infromation on the legalities surrounding a charge back other than the financial process.

refund or chargeback you still got your money back. Sorry to say but you have made a big error by disposing of the summerhouse. 

FuzzyDuck1

refund or chargeback you still got your money back. Sorry to say but you have made a big error by disposing of the summerhouse. 

It would have had to have been disposed of either way, the company refused to collect and refund. Was my partner supposed to have left a dangerous item up in his property forever just because the company failed his consumer rights just in case one day they may want it back? Would the supplier have been liable for the damage caused to other peoples property from parts of their product blowing around or if my disabled partner or his young daughter got injured from it would they have been liable for their injuries? This is all the information I need as at this point the supplier don't know that the product has been disposed of and im trying to prepare for a possible legal claim from them so I need to find the legislation that details the rules and regulations surrounding this matter and it is not very easily sought on the internet. Thank you