Won my court case but ownership is now a problem

darkzim69

While its not a good idea to look for legal advise  from the internet   and i will be  seeking professional help tomorrow  it is interesting to know what people think 

On  the  23rd of December  2019  I purchased a ex display cooker it arrived and they installed it  and  I paid them  for installation and delivery and the cooker  in total it was £245

 

When they left I went out to the kitchen to look at the cooker and have a little play 
it was then i noticed it  was a 2nd hand cooker i contacted them less than 15 minuets after they left my house which was around 7pm in the evening     and  pointed out that they  had delivered a 2nd hand cooker and i wanted a ex display cooker 

and And I didn't want it  as it was not what they advertised 

the man in charge apologized and  said as it was their mistake they  would send me £50 as a apology  and replace the  cooker in the new year   as it was too close to Christmas to do anything atm  

after Christmas  I recontacted the company  and  asked when they are coming to replace the cooker and that since having the cooker 

I also discovered the  oven didn't work 

and was told that  they didn't have any in and if i returned the cooker I would be given a refund  less the £50  

but it would mean I would need to hire a   electrician  and  a van  to take the cooker back  

after a few months  of back and forth  I took the  company to court and won the case 

thinking thank god this is all over finally I could get rid of this cooker and get  a cooker that works 

this is what the court said 

this morning I received a letter from the company  that contained a cheque and a letter

it wouldn't be a problem   but they are 20 miles away and i would have to hire a van and a electrician just to remove the cooker and take it back to them 
but after thinking about this  for a few hours my thinking is  
I owned the cooker before the court case and the court didn't change ownership
I presume I still retain ownership  

so im wondering what people are thinking 
All i want is the cooker out of my house i dont care if i remove  it  or them until the cooker is gone  i cannot  move on with my life

 

fred369

Given you probably rejected the cooker it's no longer yours, ask them to come and collect their cooker at a time convenient to you. You don't want to be charged rantle do you? 😂😂😂

-taff

So the cheque is dated the 8th and you received the letter on the 15th? How convenient. Phone them/e-mail them and tell them the cooker is there to be picked up whenever...And when hey come and collect it, get them to sign something to say they did collect it.

NewShadow

As above, you have rejected the cooker and have received a court mandated refund in full - this means the cooker is not your property and you should not benefit materially from having it - you shouldn't use* or sell it... 

At the same time, you are not required to return it - you are simply required to make it available for the owners to collect - that means, if they fitted it, they should uninstall it.  

IF they wish to collect it, you are required to make it available for collection 'at a reasonable time' - i.e. you can't say you're only available on Sunday afternoon between 15:00 and 15:15

You CAN choose to return it - but I'd recommend NOT doing so UNLESS they confirm, in writing, they'll refund the costs and accept all liability for any damage which may result during removal or transport. 

IF they do not collect it, you need to send them a letter:
- notifying them of your intent to dispose fo the cooker; 
- giving them reasonable notice - at least 14 days, preferably 28; and
- stating how they can arrange collection.

Personally, given the state of the letter they sent you... I'd be tempted to let them take you to court - but send them the notice first... always good to be the one who's followed the correct procedure when it comes to the evidence bundles  


* but you can probably reasonably argue that it's installation and their failure to remove is preventing you from installing an alternative cooker so you have to use it... 

Mistral001

Something does not add up here.  The OP says that they need an electrician before sending the cooker back. The need for an electrcian is presumeably because the cooker is still connected to the mains.  The OP also says that the cooker has been broken since the beginning of the year.  Kitchens usually only have one cooker.  If that is the case, what has the OP been cooking on for the last six months?

-taff

Mistral001 said:

... what has the OP been cooking on for the last six months?

Anger and disappointment....

fenwick458

they are trying to frighten you. just let them know that the oven is available to collect whenever they want, and if it isn't collected in 7 days then you will start charging them for storage!
i think you should name and shame the company too

Jumblebumble

darkzim69 said:

While its not a good idea to look for legal advise  from the internet   and i will be  seeking professional help tomorrow  it is interesting to know what people think 

On  the  23rd of December  2019  I purchased a ex display cooker it arrived and they installed it  and  I paid them  for installation and delivery and the cooker  in total it was £245

 

When they left I went out to the kitchen to look at the cooker and have a little play 
it was then i noticed it  was a 2nd hand cooker i contacted them less than 15 minuets after they left my house which was around 7pm in the evening     and  pointed out that they  had delivered a 2nd hand cooker and i wanted a ex display cooker 

and And I didn't want it  as it was not what they advertised 

the man in charge apologized and  said as it was their mistake they  would send me £50 as a apology  and replace the  cooker in the new year   as it was too close to Christmas to do anything atm  

after Christmas  I recontacted the company  and  asked when they are coming to replace the cooker and that since having the cooker 

I also discovered the  oven didn't work 

and was told that  they didn't have any in and if i returned the cooker I would be given a refund  less the £50  

but it would mean I would need to hire a   electrician  and  a van  to take the cooker back  

after a few months  of back and forth  I took the  company to court and won the case 

thinking thank god this is all over finally I could get rid of this cooker and get  a cooker that works 

this is what the court said 

this morning I received a letter from the company  that contained a cheque and a letter

it wouldn't be a problem   but they are 20 miles away and i would have to hire a van and a electrician just to remove the cooker and take it back to them 
but after thinking about this  for a few hours my thinking is  
I owned the cooker before the court case and the court didn't change ownership
I presume I still retain ownership  

so im wondering what people are thinking 
All i want is the cooker out of my house i dont care if i remove  it  or them until the cooker is gone  i cannot  move on with my life

 

I usually tell companies who try and bully be out of my rights  that I am  not very interested in their company policy as my policies trump theirs
You no longer own the cooker as your contract has been wound back by the court
You are now an involuntarily bailee and should research the rules around the need to give notice 

You should ignore anyone who asserts that you need to keep it for six years as they are probably unaware of the
The Torts (Interference with Goods) Act
Write a letter telling them to remove it in 14 Days or it goes on Ebay and you will give them the proceeds of the sale after costs
How much notice you want to take from a letter written by someone who has no grasp of basic grammer or spelling and appears to be 8 years old is up to you but I know what I would be doing

robatwork

The illiteracy in this letter is not only disappointing, it's also indicative that it's been drafted/written by an office numpty not a solicitor.  Para 1 - Company's*, or* . Para 2 - their company policy can't be incumbent on you, so points off for using a big legal word. Plus "payment by cheque of the appliance" ?? Also scans very poorly. Para 3 - within*, given*, rental*, no punctuation, sought*, monies*. Seeking to form a one-sided rental contract with you by just putting it in this embarrassment of a letter is laughable.  PARA 4 - +THIS*, NO COMMA AND NEEDS AT LEAST 7 !!!!!!! AT THE END. 

Please name them, I'm touting for proofreading jobs. 

greatcrested

Out of interest, what is the difference between a 2nd hand cooker and an ex display cooker, and how so you tell one from the other (within 15 minutes)?

troffasky

"Food residue" would be one difference.