Tricky eBay seller, but now consumer rights issue, can I make them collect?

Darceybear01

Good Morning,
Firstly, yes I have asked eBay about this, but it is now firmly a consumer rights/legal issue apparently.
So, I purchased a PC from a seller on eBay, needed to be returned as they had listed it as brand new, and it wasn't.
They agreed to a return and a full refund.  They asked me to start a return through eBay, which I did.
But then they played silly beggars, first giving me a 2kg max postage label for a 13.5kg PC, then claiming I needed eBay to sort the correct label, 
'arranging' dpd collections to pick up the PC which never happened and were never booked etc.
Ebay stepped in, sent them an official warning and a deadline to collect the PC and refund me.  They failed to do that, ebay refunded me and closed the case.

So, the case is closed, I have had my full purchase price refunded BUT I still have the PC, boxed and ready for the seller to collect.
My query is, how long do I HAVE to keep the thing, sat here, HUGE, in my very small home, and be ready to wait in for them to send a courier 
to pick it up?
I genuinely have nowhere I can 'store' it for months on end, assuming they are going to continue the levels of customer service they have been offering, ie 
telling fibs and delaying everything, it's been so bad it's made me wonder if they are 'trying' to get in trouble with ebay?!

Obviously it's still their PC and I am happy enough to be available for them to collect it, but I don't want to end up with this huge box, in my way, for months, should they decide maybe to go radio silence and ignore me (which is what I fear).  Is there a legal timeframe or one in the Consumer Rights act, so after a point I can 'dispose' of it? sell it, give it away, keep it etc.
I really have searched the web, but it is expansive and this is different to usual as I have the money refunded, just a question about them picking up their goods.
I will be very greatful for any and all help, pointers in the correct direction, etc.
Warmest regards and thanks in advance,
Darceybear

the_lunatic_is_in_my_head

From reading these boards my understanding is that the standard thing with this is to give them at least 2 written notices to collect within a reasonable time frame.

After this you may sell the item for a fair price with the understanding the money belongs to the person who owned the goods should they request it.

Anybody has 6 years to make a claim for their losses so if they decided to recover the goods or money at a later date they'd be able to pursue a claim. Whether the time and costs would outweigh the trouble for the trader depends on the amount really.

Ditzy_Mitzy

As I understand it, there's no requirement for you to keep the thing indefinitely.  You are now acting as a bailee as, having accepted the refund, the computer is no longer your property.  It now belongs to the party who sold it to you.  Is the quibble about postage worth more to you than the ongoing detriment of having the box clogging up your flat?  If not, just send the thing back.  You have the seller's address, presumably.  It would be worth getting appropriate proof of purchase and notifying the seller words to the effect of: 'I am not prepared to store these goods any longer so return them to you'.  

Darceybear01

Thank you both.
To post it back to them would cost me a minimum of £23, the whole PC cost only £74.99 and I can ill afford £23 into the ether.
Over the return process since it began, they have always been 'happy' to provide me with a collection, dpd supposedly bringing the labels with them for it, but, they've been actively telling lies, collections 'booked' when 3 days later one member of their staff tells me they don't offer dpd collections at all!  I'm just expecting a lot of "we'll do XYZ or ABC" to sort the collection of the PC, then nothing happening, I really don't need the stress to be frank.

couriervanman

OP did the refund come from the sellers account or have eBay refunded you themselves, I had a dispute regarding a damaged golf club I bought. The club was clearly NAD so I put a refund claim and returned it  but the seller stated it was perfect when dispatched and i must have damaged it myself. This went on for a couple of weeks of "he said I said" etc, in the end eBay refunded me £200 and the seller kept his money as well.
This may explain the seller reluctance to collect it if they have been paid

Ditzy_Mitzy

Darceybear01 said:

Thank you both.
To post it back to them would cost me a minimum of £23, the whole PC cost only £74.99 and I can ill afford £23 into the ether.
Over the return process since it began, they have always been 'happy' to provide me with a collection, dpd supposedly bringing the labels with them for it, but, they've been actively telling lies, collections 'booked' when 3 days later one member of their staff tells me they don't offer dpd collections at all!  I'm just expecting a lot of "we'll do XYZ or ABC" to sort the collection of the PC, then nothing happening, I really don't need the stress to be frank.

In which case you're a bit stuck.  I suspect that the seller doesn't want it back.  The cost of postage plus having to repackage and spruce up for a second sale, along with clerical work and so on no doubt outweighs any profit to be made re-selling it.  The whole thing no doubt works out more expensive than writing it off for the retailer, especially after having received a hard lesson in the fact that the computer doesn't pass for new.  
You might put such a case to the retailer and ask for something in writing waiving all rights to the computer and releasing you from your obligations as bailee.  Then you can sell it via the local paper or take it to the tip or do whatever with it.  Presently it's costing both sides time and money (more so on the retailer's side), needlessly.  

mattyprice4004

A brand new PC for £74.99? 
If it's a complete PC, that's a bit of an obvious mistake! 

mikb

Darceybear01 said:

start a return through eBay, which I did.
But then they played silly beggars, first giving me a 2kg max postage label for a 13.5kg PC, then claiming I needed eBay to sort the correct label,

I've been on the other end of this -- trying to arrange a return for an item > 2Kg which was (suspiciously, for a UK sale to a UK buyer) now outside the UK.

As a seller, if you follow eBay's process to "create a return label", there is no option to tell eBay the weight, and the default label they send the buyer is only good for up to 2Kg (presumably the equiv of Royal Mail small parcel). And only for posting in the UK

The only other option is for the seller to book the return and send you the label to print. In my case that wouldn't work as they wouldn't provide their actual non-UK address.

eBay could not help and "correct" anything, as the label is the label, and I couldn't arrange pickup as the buyer was obstructive.

It's a flawed system ...

Ectophile

This sort of thing seems to come up so often.  The actual legislation is Torts (Interference with Goods) Act 1977 https://www.legislation.gov.uk/ukpga/1977/32

See Section 12 and Schedule 1.