Retailer cancelled order & refunded, item arrived afterwards who pays to return item?

pinkshoes

jwhy said:

Thank you for your suggestion diystarter7. 

The retailer has stated my two options are to keep it and pay for it, or return at my own cost.

I also called the retailer early yesterday afternoon but ended up leaving a message for a call back as no one was available to discuss the matter.  Within minutes of the call ending I receive an email from the customer rep whom I have been liaising with stating that unfortunately they are unable to refund return postage costs.  I emailed back straight away to express my disappointment and request for my issue to be escalated to a manager who is empowered to make an exceptional decision but I’ve not heard anything further either via phone call or email and they are now closed until Monday.

user1977 thanks for your response too. Regarding the 30 day period I thought this was a reasonable length of time to expect them to arrange an uplift given the time of year and recent industrial action impacting mail services.

The retailer is clearly not understanding what the issue is!

Just phone them up again and let them know that you are not wanting to return an item you have bought, but you are informing them that they have delivered an item that you have NOT ordered, and can they please send a pre-paid return postage label so you can send it back to them.

Is this a small independent retailer?? They don't seem very organised...

gener8or

My advice is NOT to send back at your cost or even if they offer to refund you.
If it goes missing or gets damaged you do not want to be lumbered with the claims process etc.
Simple case of collect by courier (on their accont) on the day you specify and keep the receipt.

Jonboy_1984

I would write a single email stating that original order was cancelled by them as lost in transit and refunded.

As the goods have now emerged you consider them to be “unsolicited goods” and they have 30 days to arrange collection at their expense, or you will dispose of them. 

pinkshoes

Jonboy_1984 said:

I would write a single email stating that original order was cancelled by them as lost in transit and refunded.

As the goods have now emerged you consider them to be “unsolicited goods” and they have 30 days to arrange collection at their expense, or you will dispose of them. 

They're not unsolicited goods. They were sent in error.

MobileSaver

Jonboy_1984 said:

As the goods have now emerged you consider them to be “unsolicited goods” and they have 30 days to arrange collection at their expense, or you will dispose of them. 

That would be a very silly thing to do as they are not in any way, shape or form “unsolicited goods”.

jwhy

Thank you everyone, you have all been extremely helpful.  I am grateful for the support and advice received.

 @Manxman_in_exile I intend to follow your suggestion.  In addition I have put together a single document with a screenshot of every email sent and received in time order, should it be required as evidence in the future. All the emails have also been saved to a specific folder.

Manxman_in_exile

@jwhy -  whatever you do, ignore the advice from @Jonboy_1984.  They obviously don't understand what the term "unsolicited goods" means and you can't simply dispose of them after 30 days.  You can ask the seller to collect the goods or ask them for a pre-paid postage return label.

(As suggested by @pinkshoes it sounds to me like the seller doesn't fully understand what has happened here - it sounds like they think you are simply trying to return something under their returns policy rather than wanting to return something they had cancelled themselves.  Make sure you explain this fully to them.  If a small company they may not understand the law.)

Murphybear

I’ve had better service from China.  I ordered a pair of earrings in the shape of lit up Christmas trees, they cost 80p including postage.   . I only wanted to wear them a couple times so didn’t want to pay a lot of money.

I ordered them in early November but a week before Christmas there was no sign of them so they emailed me to say they had been “lost in the post”.  They sent me my 80p back (surprisingly quickly).

Roll on the 2nd week of January, my earrings arrived.  I emailed them and offered to return them, I knew they wouldn’t want that but I never heard back.  The earrings were surprisingly good for 80p.  

powerful_Rogue

Jonboy_1984 said:

I would write a single email stating that original order was cancelled by them as lost in transit and refunded.

As the goods have now emerged you consider them to be “unsolicited goods” and they have 30 days to arrange collection at their expense, or you will dispose of them. 

That term hasn't been mentioned for quite some time on this forum, certainly made me smile.

It's totally incorrect though, as is the rest of your post, as already pointed out.

powerful_Rogue

OP,

If you get no joy at all, the process would then be as follows.

Send a letter stating if they don't arrange collection within 14 days, you will sell the item.

If no response, send another letter (law states two letters must be sent) advising this is their final chance to arrange collection before the item is sold.

If no joy, sell the item. Has to be market value, so no mates rates. You can deduct reasonable expenses. Then keep hold of the money (and sales proof etc) for six years. If they come chasing, send them the money.