dead on arrival - online company won't collect or refund appliance

bobbidyboo

Can anyone help with this? what are my rights & how do I enforce?

AC unit was dead on arrival. 

Company won't answer the phone, and is slow to reply to emails. They say they can't refund until their supplier picks up the faulty unit. Their supplier won't make contact, pick up phone or answer emails. I've explained to company that my contract is with them, not their supplier. They still insist they can't refund until their supplier collects (who is non-responsive). Everyone passing buck to next person. Below is my latest email that I've drafted- is this ok? What do I do if they still won't play ball? Soon I'll be moving out and can't take it with me,

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Hi,

It has been 7 days since the faulty bricked unit was delivered. Unfortunately, the unit has not been collected or refunded yet, and I've not heard of any collection date. I live in a small bedsit with only 1m2 of standing space, and the faulty unit (approx 50x40x100cm) is occupying almost all the available space, making it impossible for me to work or live. I have bought a replacement unit that functions perfectly and is essential to my ability to work. However, I don't have any extra room to store your faulty unit for you indefinitely. I am moving out soon and I lack storage and transportation options to take it with me. If the unit is not collected before I move out, I will have no choice but to leave it in the public lobby area, where its safety cannot be guaranteed. Waiting 7 days is too long to store a large faulty appliance for customers who have limited space. It is crucial that you arrange for its pickup within the next 48 hours (which would bring it to 9 days). If that is not possible, I expect to receive a refund immediately- and you can arrange for it to be collected from the public lobby at your own liability.

From (me)
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Alderbank

The trader accepts that you are rejecting the unit and the contract is at an end but says he will not refund until their supplier collects.
Under section 20 of the Consumer Rights Act he must refund you within 14 days from the date when he agreed to refund you. Make it very clear to him that the contract is at an end and you expect him to comply with s20 CRA 2015.

The stuff about 1 sq metre etc. is irrelevant. Leave it out. You knew how little space you had when you placed the order and even if the machine had worked perfectly it would have taken up the same amount of room.

You are correct that you have no legal involvement with his courier, that's his problem, but you do have the responsibility to take reasonable care of the unit until he can collect.
What date do you move out? I presume your tiny bedsit is in a block with other properties and given its size there is some shared storage for tenants' items such as a push-chair or a bike? Explain the issue to your landlord (he has the same duty to take care of items you leave behind) and tell the trader what arrangements you have made.

screech_78

Sounds like a B2B purchase if it’s essential for you to work. 

Alderbank

screech_78 said:

Sounds like a B2B purchase if it’s essential for you to work. 

Sounds like it's essential for this home worker in the same way that their car is essential for many non-home workers.

Definitions of trader and consumer are very clear in consumer rights so unless the OP is a HVAC engineer I am sure this is not B2B for purposes of CRA.

born_again

bobbidyboo said:

Can anyone help with this? what are my rights & how do I enforce?

AC unit was dead on arrival. 

Company won't answer the phone, and is slow to reply to emails. They say they can't refund until their supplier picks up the faulty unit. Their supplier won't make contact, pick up phone or answer emails. I've explained to company that my contract is with them, not their supplier. They still insist they can't refund until their supplier collects (who is non-responsive). Everyone passing buck to next person. Below is my latest email that I've drafted- is this ok? What do I do if they still won't play ball? Soon I'll be moving out and can't take it with me,

--

Hi,

It has been 7 days since the faulty bricked unit was delivered. Unfortunately, the unit has not been collected or refunded yet, and I've not heard of any collection date. I live in a small bedsit with only 1m2 of standing space, and the faulty unit (approx 50x40x100cm) is occupying almost all the available space, making it impossible for me to work or live. I have bought a replacement unit that functions perfectly and is essential to my ability to work. However, I don't have any extra room to store your faulty unit for you indefinitely. I am moving out soon and I lack storage and transportation options to take it with me. If the unit is not collected before I move out, I will have no choice but to leave it in the public lobby area, where its safety cannot be guaranteed. Waiting 7 days is too long to store a large faulty appliance for customers who have limited space. It is crucial that you arrange for its pickup within the next 48 hours (which would bring it to 9 days). If that is not possible, I expect to receive a refund immediately- and you can arrange for it to be collected from the public lobby at your own liability.

From (me)
--

You can send them a Time is of the Essence" letter, but that will take a few days & in reality you need to give them say 14 days to collect the item.

I would not want to leave it in a public area, as it could be taken by someone or disposed off by Landlord thinking it's rubbish. leaving you with no chance of a refund.

screech_78

Alderbank said:

screech_78 said:

Sounds like a B2B purchase if it’s essential for you to work. 

Sounds like it's essential for this home worker in the same way that their car is essential for many non-home workers.

Definitions of trader and consumer are very clear in consumer rights so unless the OP is a HVAC engineer I am sure this is not B2B for purposes of CRA.

Fair enough, I was just surmising. 

bobbidyboo

Alderbank said:

The stuff about 1 sq metre etc. is irrelevant. Leave it out. You knew how little space you had when you placed the order and even if the machine had worked perfectly it would have taken up the same amount of room.

Thanks but this is incorrect. I do not have enough space to store 2 units- only 1. I have a working replacement unit I had to buy in order to be able to work & live in this bedsit. The faulty unit is therefore taking up almost all of the standing space, preventing me from working or living. I hope that clarifies. Is it still irrelevant?

born_again

bobbidyboo said:

Alderbank said:

The stuff about 1 sq metre etc. is irrelevant. Leave it out. You knew how little space you had when you placed the order and even if the machine had worked perfectly it would have taken up the same amount of room.

This is incorrect. As mentioned in my earlier post, I had to buy a replacement unit taking up the space where it was intended to be. I do not have enough space to store 2 units- only 1. The faulty unit is therefore taking up almost all of the standing space, preventing me from working or living. I hope that clarifies. Is it still irrelevant?

Yes.

As it was your choice to purchase a 2nd item, without a resolution on the faulty item.

bobbidyboo

Under section 20 of the Consumer Rights Act he must refund you within 14 days from the date when he agreed to refund you.

You are correct that you have no legal involvement with his courier, that's his problem, but you do have the responsibility to take reasonable care of the unit until he can collect.

What date do you move out? I presume your tiny bedsit is in a block with other properties and given its size there is some shared storage for tenants' items such as a push-chair or a bike? Explain the issue to your landlord (he has the same duty to take care of items you leave behind) and tell the trader what arrangements you have made.

I move out pretty much on the 2 week mark from when the online shop agreed to collect and refund, so that fits in perfectly with the 2 week law you mentioned, but how do I police that? Do I just leave the unit in the public lobby & tell the online shop that it is left there at their own risk?

There is no extra secure storage at my building. Space is at a premium. Landlord is a "company" who never responds to any form of contact. Point is, asking for help from the landlord is a non-starter. Everyone in the building has never received any reply to emails, phone calls or letters & even the council can't contact them. The only time they respond is when you're moving in and they take your money. I also know they don't have secure storage because I know the whole building.

I don't know what to do in this situation- can I insist that AC unit is picked up by the 2 week mark & say I'll be leaving it in the public lobby at the shop's own risk? Or am I obliged to look after it beyond 2 weeks?

bobbidyboo

Based on the info from posters above, here is the email I drafted, is this the right thing to send?

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Hi,

Under section 20 of the Consumer Rights Act , you (the online shop) must refund me (consumer) within 14 days from the date when you agreed to refund me (18th June 2023). That means you must refund me by the 2nd July 2023. The contract is at an end and I expect you to comply with s20 CRA 2015.

Time is of the essence as I'm moving house and I do not have storage or transport for the unit beyond 2nd July 2023.

If you do not reply or comply with this I will have to take it that you wish me to leave the unit in the public lobby (at your own liability) from the 3rd July onwards.

Yours sincerely,

[my name]

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Does the above sound ok? What do I do if they either don't reply or don't comply? Am I able to leave it in the lobby at their own liability? 

Alderbank

bobbidyboo said:

Does the above sound ok? What do I do if they either don't reply or don't comply? Am I able to leave it in the lobby at their own liability? 

Give it a try. It might spur them into action.

You have legal duties regarding the unit which you requested, even though you have now decided you don't want it. You can't just abandon it.
Perhaps not very helpfully, the law says your actions have to be 'right and reasonable'.

Would one of your neighbours be willing to look after it until it gets picked up?
If you don't have transport I assume a friend or family member is helping you move. Would they store it in their garage?
Presumably, since you bought it just before moving, your plan was to take it with you to the new place? Stick to that plan.

Those are the sort of actions which would be reasonable.