Undelivered item finally turns up, but...

Aylesbury_Duck

babbleo said:

Keep_pedalling said:

Did you refuse to take the delivery?

I wasn't in when it was delivered. It was left down the side of my house. I couldn't of refused even if I wanted to. 

JamoLew said:

Technically, I guess it could be argued that you didn't accept delivery and that it's nothing to do with you then.

Where is it now, though?

Gavin83

This is really quite easy to resolve. Ring the bed supplier and ask them to come and collect it.

JamoLew

Aylesbury_Duck said:

babbleo said:

Keep_pedalling said:

Did you refuse to take the delivery?

I wasn't in when it was delivered. It was left down the side of my house. I couldn't of refused even if I wanted to. 

JamoLew said:

Technically, I guess it could be argued that you didn't accept delivery and that it's nothing to do with you then.

Where is it now, though?

Indeed - I think I know where you are heading.

Depending on what the OP did will determine whether they have deem deemed to taken control over the item and therefore have responsibility for it

the_lunatic_is_in_my_head

pinkshoes said:

babbleo said:

Hi.

Rejecting the delivery would have been the best idea...

But as that didn’t happen, you now have an obligation to store the bed, and give the company a reasonable amount of time to collect it.

They might be more responsive as you have something of theirs... Just send them a letter explaining that the bed has now arrived but you have already been refunded so can they now collect it.

when you got a refund from the credit card company, did you actually send a notification of cancellation to the company to let them know in writing that you wanted to cancel?

The above is correct OP, write to them, keeping proof you did, advising the bed is in your possession and can they contact you to collect it. It's typically recommended to write twice if they don't respond the first time. 


If you want the bed you can of course offer payment instead.



You can dispose of or sell the bed but the company has 6 years to claim their losses, if they've ignored your requests for collection it would hurt their chances of being awarded costs so for £100 bed they'd be less likely to pursue it than a £1000 bed. If you sell the bed for a fair value keep proof of the sale and give them that money if they come knocking. It may be less than you paid but not pennies to a friend. 


The trader has an obligation to deliver the goods as per:


www.legislation.gov.uk/uksi/2013/3134/regulation/42/made

(3) Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

(a)without undue delay, and

(b)in any event, not more than 30 days after the day on which the contract is entered into.

 If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with paragraph (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

Regarding your credit card company @born_again is the expert in these things and should be able to advise whether you have any obligations to notify them. 

Jenni_D

Did the credit card company put the claim through as a chargeback or a Section 75 claim? (I'm assuming the item value was >£100). If it was a chargeback then I think the bed company may still be within their time limit to challenge a chargeback?

born_again

Thanks @the_lunatic_is_in_my_head

I would certainly give your CC co the heads up. At least that way if the co do contest the chargeback then they already know. If it was a S75, then you would have had to sign a "Full & final settlement" letter on the matter. So again let them know.