Retailer not arranging collection of goods sent in error

mikeylimb

Hey everyone,
I ordered a bike a while ago, but decided my order the next day because it was more than I should have spent on a bike. I received some emails from the retailer/manufacturer following the cancellation providing me with updates on my order - the bike was to be built and sent out. I ignored the emails at the time because I thought they were just newsletters. 
About a month after cancelling, the order shows up. At this point I got quite excited and remove the packaging, but the next day I come to my senses and decide to contact the manufacturer to let them know that they'd sent me a bike that hadn't been paid for. Their first offer was for me to keep the bike and pay for it, which I declined because I have other priorities for spending at the moment. They then said that I can pay them back over 12 or 18 months, which I didn't want to do either. So, they say that they'll arrange for a collection and ask that I let them know when the bike is ready.
A couple weeks go by and I hadn't gotten around to packing the bike up - I procrastinated on doing that job because we're currently renovating and I a lot of other stuff to do. The guy asked for an update, and I responded letting him know that I hadn't packed it yet. A couple more weeks go by and the guy gets in touch again saying that they're going to invoice me if I don't get the bike ready to be collected. I responded with a picture of the bike in its box to prove that the bike was unused, I packed it the next day and let them know. That was at the start of April. I've emailed them three more times since then and messaged them using the chat function on their website a couple of times. I am yet to receive a reply. I've also tried to call them but couldn't get through - they're a relatively small direct seller.
Whilst I appreciate that I should have gotten around to sorting the bike sooner, I am unsure why the company is ignoring my emails and messages. I'm at the point now where I really want to get rid of the bike because it's getting in the way at home. Is there anything that I can do to make them arrange the collection? Of course, I'd also be open to keeping the bike should anyone have any thoughts on that.
tl;dr: ordered a bike, cancelled the order, retailer sent anyway, I didn't get around to packing it back up for a while and now the retailer isn't arranging for collection
Mike

Debbie9009

If you now want to keep the bike, then just let the company know, I’m sure they will be happy to take payment for it.  

Aylesbury_Duck

You've made a bit of a mess for yourself, I'm afraid.  You've procrastinated and done things at your own pace when they were chasing, and now you expect them to jump because it's no longer convenient for you.

It's simple: If you want to keep it, make one of their methods of payment (all in one go or instalments). If you don't, then you'll just have to wait for them to get back to you and collect it.  No one here is going to say you can keep it without paying for it, so no point fishing for that advice.

mikeylimb

You've made a bit of a mess for yourself, I'm afraid.  You've procrastinated and done things at your own pace when they were chasing, and now you expect them to jump because it's no longer convenient for you.

I'm well aware that I could have been quicker, I thought I made that quite clear in my original post. But it's been 7 weeks since I prepared it, and it was 4 weeks between receiving and preparing. Doesn't really seem like I expect them to jump. This is the consumer rights section of the forum, is it not? Which is why I'm asking what my rights, as a consumer, are in relation to getting rid of the bike. I'm not asking for your opinion as to the timing of the matter.

No one here is going to say you can keep it without paying for it, so no point fishing for that advice.

My question around keeping it was, again, from a consumer rights perspective, not from a "Please, strangers on the internet, can I keep the bike?". I was trying to find out whether there is some time limit beyond which the bike becomes mine, in some sort of adverse possession type situation. 

Not a particularly constructive comment. Seems that you have no actual knowledge on the matter, but just wanted to have a bit of a go.

Aylesbury_Duck

mikeylimb said:

You've made a bit of a mess for yourself, I'm afraid.  You've procrastinated and done things at your own pace when they were chasing, and now you expect them to jump because it's no longer convenient for you.

I'm well aware that I could have been quicker, I thought I made that quite clear in my original post. But it's been 7 weeks since I prepared it, and it was 4 weeks between receiving and preparing. Doesn't really seem like I expect them to jump. This is the consumer rights section of the forum, is it not? Which is why I'm asking what my rights, as a consumer, are in relation to getting rid of the bike. I'm not asking for your opinion as to the timing of the matter.

No one here is going to say you can keep it without paying for it, so no point fishing for that advice.

My question around keeping it was, again, from a consumer rights perspective, not from a "Please, strangers on the internet, can I keep the bike?". I was trying to find out whether there is some time limit beyond which the bike becomes mine, in some sort of adverse possession type situation. 

Not a particularly constructive comment. Seems that you have no actual knowledge on the matter, but just wanted to have a bit of a go.

Sadly, it's a forum so you'll just have to accept opinions as well as advice. If you only want legal advice without comment or opinion, you can pay for it.

The retailer in theory has six years in which to claim the bike or its cost.  In reality it won't come to that, but that's the technical position.

mikeylimb

Sadly, it's a forum so you'll just have to accept opinions as well as advice. If you only want legal advice without comment or opinion, you can pay for it.

Agreed, and your opinion is received, but my question still wasn't "what's your opinion on the timing?".

The retailer in theory has six years in which to claim the bike or its cost.  In reality it won't come to that, but that's the technical position.

Thank you!

TELLIT01

Did you ever receive confirmation that your cancellation request had been received.  You mention communication about progress on the build, but not about the cancellation.

mikeylimb

TELLIT01 said:

Did you ever receive confirmation that your cancellation request had been received.  You mention communication about progress on the build, but not about the cancellation.

Yeah, in a way. I was going to use "SplitIt" to pay for the bike. I received a cancellation from the retailer via SplitIt.

powerful_Rogue

You send them a letter giving them 14 days to arrange collection of the bike. If nothing is done within them 14 days, you send them another letter giving them a further 14 days to arrange collection, or you will sell the bike for market value.

If still no response, you sell the bike. Not at mates rates, but for the current market rate, so somewhere like ebay would be ideal. You keep from the sale what it's cost to list etc and then return the remaining monies to the retailer.

turnitround

You didnt want the bike but ignored emails saying it was being built, then when it arrived even knowing you did not want to keep or pay for it you opened it nd took it out of the packaging. 
Then you responded with a photographed of the bike in its box even though you only packed it the following day?

Do the decent thing and agree to pay in instalments, its a small company and they are already way out of pocket due to you letting them send it then accepting it knowing you did not want it. Why did you not simply refuse delivery.

screech_78

I have to agree with others, I don’t have much sympathy. 

They chased and you did nothing. Now you’re chasing and they’re dragging their heels. Not the best way to run a business, but if they’re a small company I can see why they’re not rushing to sort it. 

As above, give them a deadline of when to collect and then sell it for market rate. You keep the money until the retailer asks for it. 

There’s no consumer rights that allow you to keep the bike without payment.