Retailer not arranging collection of goods sent in error

tightauldgit

Hi 

I bought something then changed my mind, but couldn't be bothered to do anything about it and then I just faffed around when they asked for it back but now I want them to take it back and they aren't immediately responding to my every whim. Advice? 

cymruchris

Maybe due to your continued lack of communication and refusal to repackage and return the bike, they have already instigated recovery action and the court papers are on the way, and as a result won't communicate further until court day. It might be they've had enough of your faffing around.

the_lunatic_is_in_my_head

powerful_Rogue said:

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.

This is pretty much it OP.

It's worth a note your obligation is to take care of the goods, where you are unable to trace or communicate with the bailor (owner) of the goods you are entitled to sell them but not obligated to do so. The entitlement of sale is to relieve you from the burden of taking care of the goods which you can continue to suffer should you wish. 

Chances are they'll be in touch at some point, if you can safety store the bike free from damage this would probably be best, after 6 years the bike would be yours.

If you do sell the bike you have to "account" to the bailor for the sale, I'm not sure whether account means send the money or simply notify it's available. 

Alderbank

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.

Chances are they'll be in touch at some point, if you can safety store the bike free from damage this would probably be best, after 6 years the bike would be yours.

Sorry, but I don't agree with either of you.

The sale has been cancelled. It was by mutual agreement and cancellation is not in doubt. The bike therefore still belongs to the trader. Now and forever.  No ownership will change in 6 years.

The retailer can't claim the cost because the sale was cancelled by mutual agreement. Can't claim now, can't claim in 6 years.

'6 years' suggests you are thinking of the Limitations Act 1980. That would only apply to a debt still outstanding. But the sale has been cancelled so there is no debt outstanding.

The retailer must either arrange to get his property back, or try to persuade the consumer to buy it, or write it off.

the_lunatic_is_in_my_head

Alderbank said:

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.

Chances are they'll be in touch at some point, if you can safety store the bike free from damage this would probably be best, after 6 years the bike would be yours.

Sorry, but I don't agree with either of you.

The sale has been cancelled. It was by mutual agreement and cancellation is not in doubt. The bike therefore still belongs to the trader. Now and forever.  No ownership will change in 6 years.

The retailer can't claim the cost because the sale was cancelled by mutual agreement. Can't claim now, can't claim in 6 years.

'6 years' suggests you are thinking of the Limitations Act 1980. That would only apply to a debt still outstanding. But the sale has been cancelled so there is no debt outstanding.

The retailer must either arrange to get his property back, or try to persuade the consumer to buy it, or write it off.

I don’t think the part in bold is correct as if the bailee sells the goods in accordance with the Torts (Interference of Goods) Act good title passes to the purchaser.

If there are legal obligations placed upon an involuntary bailee I believe the bailor has a claim for damages where the obligations are not met, the timeframe for which is covered by the Limitations Act.   

Alderbank

Agreed
So now, but not perhaps for ever!

mikeylimb

cymruchris said:

Maybe due to your continued lack of communication and refusal to repackage and return the bike, they have already instigated recovery action and the court papers are on the way, and as a result won't communicate further until court day. It might be they've had enough of your faffing around.

Yeah I don't think this is it. The courts certainly wouldn't take kindly to refusing communication until 'court day'. Court should be a last resort, and I'm trying to get it back to them.

I wasn't refusing to package the bike either, I just didn't get around to it. I always had every intention to return.

mikeylimb

turnitround said:

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.

As I said, I thought they were newsletters - I was getting about an email every other day from them anyway. I didn't read them, I just saw the sender and marked as read. It was only after receiving the bike that I went to check.

It was my partner who accepted delivery. As I said, I thought that my parents had bought it for me, hence why I opened it.

It is a small company, but they'd be less out of pocket to pay for the collection than I would be to pay for the bike, and they still have more money than I do.

mikeylimb

Having had a look at the company's TrustPilot reviews, it seems responsiveness isn't the best aspect of their customer service.

I've also asked others to try and get in touch (not about my issue, just a general enquiry) and they've not had a response.

mikeylimb

tightauldgit said:

Hi 

I bought something then changed my mind, but couldn't be bothered to do anything about it and then I just faffed around when they asked for it back but now I want them to take it back and they aren't immediately responding to my every whim. Advice? 

Hahah, this is sadly accurate. Although I only really want them to respond to one of my whims - for the bike to be collected.

I do have to say, the general (not everyone) hostility/annoyance towards this post has surprised me a little. I don't think it's completely unfounded, but I do think that a large number of people would have just held on to the bike without saying anything (most people who I spoke to about this said that's what they'd do).

You know, I am trying to do the right thing here, albeit a little late. We all procrastinate, but who knew my procrastination would get the internet people so riled up... I guess you're just a better person than me.