Retailer Not collecting Faulty Bulky Item

scouseneil

Hope someone can help. Bought two arm chairs, delivered 8 weeks later, wrong chairs. Took photo of delivered chairs and shop ordered chairs (I took them in the shop when ordering). Firm ignored me, Did both chargeback and Sec 75 to Credit Card Bank and have now received a full Chargeback. I know the retailer has 45 days to dispute claim. In between filling Sec 75 and Chargeback shop sent me a reply to my letters saying they would collect and refund within 28 days, which of course they did not. Emailed and phoned leaving messages telling them the chairs are available for collection. Is there anything in law that I can send to the shop to basically say come and collect or I will dispose? Don't want to just dispose and find they then invoice me for their value. Any thoughts. 

Aylesbury_Duck

scouseneil said:

Hope someone can help. Bought two arm chairs, delivered 8 weeks later, wrong chairs. Took photo of delivered chairs and shop ordered chairs (I took them in the shop when ordering). Firm ignored me, Did both chargeback and Sec 75 to Credit Card Bank and have now received a full Chargeback. I know the retailer has 45 days to dispute claim. In between filling Sec 75 and Chargeback shop sent me a reply to my letters saying they would collect and refund within 28 days, which of course they did not. Emailed and phoned leaving messages telling them the chairs are available for collection. Is there anything in law that I can send to the shop to basically say come and collect or I will dispose? Don't want to just dispose and find they then invoice me for their value. Any thoughts. 

Exactly that.  Write to them saying that if they're not collected in the next 28 days, you will sell them and make the proceeds available to them.  It has to be reasonable, you can't advertise them for £1, for example.  They're entitled for the reasonable value of them so if you dump them or give them away, they can come after you for that value.

TELLIT01

Does the OP really have to try to sell items which the vendor has failed to collect?  Can't they demand they be collected within x days, or say they will be passed on to charity?  What is the OP supposed to do if they advertise them for sale at 'a reasonable price' but there are no takers?  Do they have to continue to store them?

knightstyle

I remember a similar situation and the buyer wrote to the shop stating they would store the items for 14 days in the house ready for collection at any time and then they would be put in the front garden for the shop to collect. After the 2 weeks they put the item, a bed, in the front garden and it disappeared that night.
The shop came to pick it up and tried to charge the customer who had already been refunded but after a few letters back and forth the shop accepted the loss.

Ectophile

TELLIT01 said:

Does the OP really have to try to sell items which the vendor has failed to collect?  Can't they demand they be collected within x days, or say they will be passed on to charity?  What is the OP supposed to do if they advertise them for sale at 'a reasonable price' but there are no takers?  Do they have to continue to store them?

Yes, the OP does really have to sell the goods for a fair market price.  The goods belong to the retailer, so OP isn't allowed to give them away. https://www.legislation.gov.uk/ukpga/1977/32  Torts (Interference with Goods) Act 1977.

TELLIT01

Ectophile said:

TELLIT01 said:

Does the OP really have to try to sell items which the vendor has failed to collect?  Can't they demand they be collected within x days, or say they will be passed on to charity?  What is the OP supposed to do if they advertise them for sale at 'a reasonable price' but there are no takers?  Do they have to continue to store them?

Yes, the OP does really have to sell the goods for a fair market price.  The goods belong to the retailer, so OP isn't allowed to give them away. https://www.legislation.gov.uk/ukpga/1977/32  Torts (Interference with Goods) Act 1977.

Crazy.  It seems the vendor can leave the goods at a property as long as they want and the occupant has no comeback?

scouseneil

So it does seem I'm stuck with them. This seems crazy, so a retailer can litterly leave the indefinatly and them try to claim the value. 

diystarter7

Hi
What supplier was this?
Thanks

scouseneil

Local suplier in Liverpool. The have a couple of outlets by the look of it. 

diystarter7

Ok, thanks. Good luck.

scouseneil

The shop have written saying they will collect by a date three weeks ago.