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Re sale for failed collection

Hi I bought a fridge freezer online and it was damaged so I reported it and they sent a replacement and to collect the damaged one. I have rang both the courier and company who I bought the item from and they have both failed to collect it. Can I sell the damaged item.
If not what can I do.

Comments

  • IvanOpinion
    IvanOpinion Posts: 22,131 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    No. You need to contact them and determine a date/time that suits yourself for collection
    I don't care about your first world problems; I have enough of my own!
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Or looking at it pragmatically, if you get rid of it and they ever catch up with you, you'll need to pay them the value of the fridge. But it's never legally going to become your property. 
  • Ectophile
    Ectophile Posts: 8,320 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    If you want to know the legal position, see the Torts (Interference with Goods) Act 1977 https://www.legislation.gov.uk/ukpga/1977/32
    Particularly Section 12 and Schedule 1.  You need to give notice, in writing, twice before selling the goods.  And even then, the money isn't yours.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Chippy66 said:
     I have rang both the courier and company who I bought the item from and they have both failed to collect it. 
    Your contract is with the merchant, there is no need for you to contact the courier and indeed doing so could muddy the waters. follow the advice already given here but only with the merchant. 
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