Consumer Rights on Returns

unforeseen

user1977 said:

zoob said:

Any consumer rights in this instance apply with  the retailer and the original purchaser 
Not sure if CRA 2015 is transferable after death 

Not "transferable" in the sense of capable of being assigned, but the rights of the deceased (whether contractual or their statutory rights) would vest in the estate.

But nobody has the right to act for the estate until either probate is granted or they get Letters of Administration surely?

Ditzy_Mitzy

unforeseen said:

user1977 said:

zoob said:

Any consumer rights in this instance apply with  the retailer and the original purchaser 
Not sure if CRA 2015 is transferable after death 

Not "transferable" in the sense of capable of being assigned, but the rights of the deceased (whether contractual or their statutory rights) would vest in the estate.

But nobody has the right to act for the estate until either probate is granted or they get Letters of Administration surely?

Correct.  Executors will need to be appointed to carry out the various bits of administration necessary to wind the estate up.  It's feasible that an executor could attempt to return the bed, but doubtful as to what his or her rights would be beyond goodwill.  

DazzerLexus

Thank you very much for your help and advice by the way....

Would the sales contract start at point of order, or delivery? and would this make a difference if we were trying to cancel, due to the unforeseen, but rapidly declining health of my Grandmother?

Surely, if they were notified prior to delivery of the pending issue as unfortunate as that may be for them,  they cant insist on delivering and then say, no - sorry cant return it. They knew of this potential predicament. And what would have happened if we had refused the redelivery? would they have dumped it outside the retirement flat.

McKneff

Refusing delivery would have been your best course of action. 
The delivery company are bound to take it back from whence it came. 

Ditzy_Mitzy

DazzerLexus said:

Thank you very much for your help and advice by the way....

Would the sales contract start at point of order, or delivery? and would this make a difference if we were trying to cancel, due to the unforeseen, but rapidly declining health of my Grandmother?

Surely, if they were notified prior to delivery of the pending issue as unfortunate as that may be for them,  they cant insist on delivering and then say, no - sorry cant return it. They knew of this potential predicament. And what would have happened if we had refused the redelivery? would they have dumped it outside the retirement flat.

The problem with this is that the contract was formed at the point your late grandmother ordered and paid for the bed.  Whilst your aunt attempted to cancel the order, which is understandable, she did not actually have the right to do so as she was not an interested party.  The company can insist on delivering it; the bed has been bought and paid for so it's no longer their property.  They are under no obligation to store it on the behalf of the deceased's estate.  

Ergates

Ditzy_Mitzy said:

DazzerLexus said:

Thank you very much for your help and advice by the way....

Would the sales contract start at point of order, or delivery? and would this make a difference if we were trying to cancel, due to the unforeseen, but rapidly declining health of my Grandmother?

Surely, if they were notified prior to delivery of the pending issue as unfortunate as that may be for them,  they cant insist on delivering and then say, no - sorry cant return it. They knew of this potential predicament. And what would have happened if we had refused the redelivery? would they have dumped it outside the retirement flat.

The problem with this is that the contract was formed at the point your late grandmother ordered and paid for the bed.  Whilst your aunt attempted to cancel the order, which is understandable, she did not actually have the right to do so as she was not an interested party.  The company can insist on delivering it; the bed has been bought and paid for so it's no longer their property.  They are under no obligation to store it on the behalf of the deceased's estate.  

The goods remain the responsibility of the seller until they are in the possession of the buyer or another person nominated by the buyer.   Given the actual buyer wasn't in a position to take possession of the goods OR nominate someone to take them in, delivery could have been rejected.  They can't just dump them outside and say "Your problem now" - especially for something bulky like a piece of furniture!

Sandtree

DazzerLexus said:

Thank you very much for your help and advice by the way....

Would the sales contract start at point of order, or delivery? and would this make a difference if we were trying to cancel, due to the unforeseen, but rapidly declining health of my Grandmother?

Surely, if they were notified prior to delivery of the pending issue as unfortunate as that may be for them,  they cant insist on delivering and then say, no - sorry cant return it. They knew of this potential predicament. And what would have happened if we had refused the redelivery? would they have dumped it outside the retirement flat.

A contract is normally formed, in England & Wales, on offer, acceptance and consideration (aka payment). T&Cs however may delay the formation of the contract, most online retailers delay it until the goods have been dispatched which gives them more wriggle room if pricing turns out to be wrong etc.

Statutory rights however are note necessarily tied to the date that the contract is bound. 

I'll health etc is unlikely to be a get out clause in itself, if she was no longer of sound mind at the time of placing the order the contract may not be binding on her but given she already performed her duties under the contract (making the payment) then its not helpful.

At the end of the day have the conversation with the retailer and point out that she is deceased so has no need for the item. I suspect most companies would be reasonable in the circumstances but given their line of business is may happen to them more than most and so perhaps they cannot afford to be more generous. 

born_again

DazzerLexus said:

Thanks, but who should I go to next? It was not paid on credit card, was a bank card over the phone... other wise i would be contacting them.

Also, can they run the clock down? i contacted them two weeks friday...they know my intentions but can they sit tight until 14days had passed?

 I hate the fact that they have not even try to resolve this.

Sorry for the loss.

Credit or debit makes no difference. There is no right under card regulations for change of mind.

Maybe try raising it with CEO of CareCo and see how that goes. Google brings up the name.

Alderbank

I'm sorry for your loss, Darren.
Similar issues crop up from time to time on the Death and Probate pages in Life & Family where people have bought cars, boats, even houses shortly before death.
In general contracts are not voided by the death of either party. I believe that this bed, like the rest of your grandmother's furniture and other possessions, now forms part of her estate. If she left a will all will be distributed according to her wishes, otherwise according to the rules of intestacy .
As born_again suggests, her administrators or beneficiaries can approach CareCo but they shouldn't actually do anything with the bed just yet until probate is sorted.

DazzerLexus

Thank you all for your help.

I really appreciate it.

Darren