received an item sent by mistake

sofronia

received a bulky item delivered by mistake, as i have requested to cancel the order, obviously the company failed to stop the courier. 

anyway, the item was delivered, and i informed the seller immediately requesting them to arrange a collection within 14 days, i need to work during normal office hours so i am only able to sit at home to wait for their courier collection during weekend, but the seller insist that their collection has to be anytime weekday only. 
more than 30 days has passed the seller insist a weekday collection or else they will go for legal action. 

firstly the item is bulky i am unable to drop it off, secondly i cant just take a day off from work to wait at home for the collection. 

i believe sender has to arrange collection at their cost and no inconvenience to myself, am i right?  where do i stand? 

DullGreyGuy

How bulky is bulky? Is it really impractical to drop it off?

It sounds like its goods you ordered and attempted to cancel rather than being unsolicited goods etc

sofronia

DullGreyGuy said:

How bulky is bulky? Is it really impractical to drop it off?

It sounds like its goods you ordered and attempted to cancel rather than being unsolicited goods etc

it is over 20kgs, i am unable to manoeuvre it.
this is a non unsolicited goods, i have no intention to keep it at all. but i believe sender has to arrange collection at their cost and no inconvenience to me. 
they insist a weekday collection, this will cause me inconvenience and money off work. 

jon81uk

What is the reason for the cancellation?

If it is just change of mind then the return costs may be paid by the buyer.

tightauldgit

sofronia said:

DullGreyGuy said:

How bulky is bulky? Is it really impractical to drop it off?

It sounds like its goods you ordered and attempted to cancel rather than being unsolicited goods etc

it is over 20kgs, i am unable to manoeuvre it.
this is a non unsolicited goods, i have no intention to keep it at all. but i believe sender has to arrange collection at their cost and no inconvenience to me. 
they insist a weekday collection, this will cause me inconvenience and money off work. 

It's not unsolicited if you ordered it - the fact that you cancelled it doesn't necessarily change that.  You'd need to look at the specifics to see when and how you cancelled and how the seller dealt  with it and what was reasonable. 

If you've changed your mind about the order and want to cancel the contract then it may well be that you will have to return the item at your expense since it's now in your possession. And no, collections don't have to be 'at no inconvenience to yourself' it's up to you to make the item available to be collected and I'm not sure insisting on it being collected at the weekend would be considered reasonable. 

Based on the info you've given us it's hard to say but it does seem like you might have some unreasonable expectations of what suppliers must and can do. 

If you can show the seller has been negligent then you might well have a case to recover any costs that you've incurred including if you had to take time off work unpaid but if it's just a case of you ordering something, changing your mind but not intercepting the order before it's been sent out then I don't think you would have much of a claim.  

sofronia

tightauldgit said:

sofronia said:

DullGreyGuy said:

How bulky is bulky? Is it really impractical to drop it off?

It sounds like its goods you ordered and attempted to cancel rather than being unsolicited goods etc

it is over 20kgs, i am unable to manoeuvre it.
this is a non unsolicited goods, i have no intention to keep it at all. but i believe sender has to arrange collection at their cost and no inconvenience to me. 
they insist a weekday collection, this will cause me inconvenience and money off work. 

It's not unsolicited if you ordered it - the fact that you cancelled it doesn't necessarily change that.  You'd need to look at the specifics to see when and how you cancelled and how the seller dealt  with it and what was reasonable. 

If you've changed your mind about the order and want to cancel the contract then it may well be that you will have to return the item at your expense since it's now in your possession. And no, collections don't have to be 'at no inconvenience to yourself' it's up to you to make the item available to be collected and I'm not sure insisting on it being collected at the weekend would be considered reasonable. 

Based on the info you've given us it's hard to say but it does seem like you might have some unreasonable expectations of what suppliers must and can do. 

If you can show the seller has been negligent then you might well have a case to recover any costs that you've incurred including if you had to take time off work unpaid but if it's just a case of you ordering something, changing your mind but not intercepting the order before it's been sent out then I don't think you would have much of a claim.  

the cancellation and refund were completed on the same day just few hours after i placed the order, but the courier delivered the next day.  

cymruchris

Who was at home when it was delivered? Could the same person not be at home for collection? I'm guessing it was delivered on a weekday? (If you'd originally PAID for Saturday delivery - there might be an argument to say they have to arrange a Saturday collection - but I imagine it was a regular weekday delivery)

Could a trustworthy friend/neighbour look after a key with a note on your door to say 'Delivery/courier driver please call 07XXXXXX' so they then pop over, open the door and can collect it? (You wouldn't write on the note 'if you're here to collect my parcel call 07XXXXXX obviously)

You haven't said what the item is - is there a safe place outside (around the back/side of the house) where again a friend might help you position it for collection?

If it was delivered on a weekday - I can't see them offering a weekend collection as that's usually a premium price. (Even if it was their error).

As a suggestion to resolve the impasse - If you WANT a weekend collection, as that suits your upcoming schedules more - you could ask them how much extra it is so you can pay the difference (and only the difference) so that you can get what you want, and they get the item returned. There's nothing I know of that would make you 'entitled' to a weekend collection.

If the item is still packed up, you could also book your own courier to get it sent back, collecting from you on a Saturday just so you can get the item back and your money refunded. This would be at your cost.

sofronia

cymruchris said:

Who was at home when it was delivered? Could the same person not be at home for collection? I'm guessing it was delivered on a weekday? (If you'd originally PAID for Saturday delivery - there might be an argument to say they have to arrange a Saturday collection - but I imagine it was a regular weekday delivery)

Could a trustworthy friend/neighbour look after a key with a note on your door to say 'Delivery/courier driver please call 07XXXXXX' so they then pop over, open the door and can collect it? (You wouldn't write on the note 'if you're here to collect my parcel call 07XXXXXX obviously)

You haven't said what the item is - is there a safe place outside (around the back/side of the house) where again a friend might help you position it for collection?

If it was delivered on a weekday - I can't see them offering a weekend collection as that's usually a premium price. (Even if it was their error).

As a suggestion to resolve the impasse - If you WANT a weekend collection, as that suits your upcoming schedules more - you could ask them how much extra it is so you can pay the difference (and only the difference) so that you can get what you want, and they get the item returned. There's nothing I know of that would make you 'entitled' to a weekend collection.

If the item is still packed up, you could also book your own courier to get it sent back, collecting from you on a Saturday just so you can get the item back and your money refunded. This would be at your cost.

my family member, who doesnt live in the area, was visiting me at that time during the delivery.

 while for the original order i did paid for a Saturday delivery, but it got delivered on a weekday instead.

the item is an electric appliance over 20kg, no safe place to leave at, no neighbour is willing to be involved.

my money has already been refunded, i simply want a way to return it without me having day off from work, and not at my cost.

cymruchris

sofronia said:

cymruchris said:

Who was at home when it was delivered? Could the same person not be at home for collection? I'm guessing it was delivered on a weekday? (If you'd originally PAID for Saturday delivery - there might be an argument to say they have to arrange a Saturday collection - but I imagine it was a regular weekday delivery)

Could a trustworthy friend/neighbour look after a key with a note on your door to say 'Delivery/courier driver please call 07XXXXXX' so they then pop over, open the door and can collect it? (You wouldn't write on the note 'if you're here to collect my parcel call 07XXXXXX obviously)

You haven't said what the item is - is there a safe place outside (around the back/side of the house) where again a friend might help you position it for collection?

If it was delivered on a weekday - I can't see them offering a weekend collection as that's usually a premium price. (Even if it was their error).

As a suggestion to resolve the impasse - If you WANT a weekend collection, as that suits your upcoming schedules more - you could ask them how much extra it is so you can pay the difference (and only the difference) so that you can get what you want, and they get the item returned. There's nothing I know of that would make you 'entitled' to a weekend collection.

If the item is still packed up, you could also book your own courier to get it sent back, collecting from you on a Saturday just so you can get the item back and your money refunded. This would be at your cost.

my family member, who doesnt live in the area, was visiting me at that time during the delivery.

 while for the order i did paid for a Saturday delivery, but it got delivered on a weekday instead.

the item is an electric appliance over 20kg, no safe place to leave at, no neighbour is willing to be involved.

my money has already been refunded, i simply want a way to return it without me having day off from work, and not at my cost.

If you actually PAID for a Saturday delivery - then that might give you a bit of leverage for a Saturday collection.

I hadn't realised you'd been given your refund already - so currently you are not out of pocket, but have a bulky item sat in your house that belongs to them, they want it back, and have threatened that if they don't get it, they'll go legal.

Have you mentioned to them yet that you paid for the Saturday delivery - and although it was successfully delivered on a weekday, it was by fluke, as usually there's nobody there, and as such because it was a premium delivery, it should also be a premium collection? That might be a useful argument to put forwards. (Have you done this in writing rather than verbally?)

Are we talking big brand outfit or small family company?

And value wise - are we talking under a £100 - several hundred - a thousand or more?

user1977

"Going legal" would be much more expensive for them than just picking the thing up.

sofronia

cymruchris said:

sofronia said:

cymruchris said:

Who was at home when it was delivered? Could the same person not be at home for collection? I'm guessing it was delivered on a weekday? (If you'd originally PAID for Saturday delivery - there might be an argument to say they have to arrange a Saturday collection - but I imagine it was a regular weekday delivery)

Could a trustworthy friend/neighbour look after a key with a note on your door to say 'Delivery/courier driver please call 07XXXXXX' so they then pop over, open the door and can collect it? (You wouldn't write on the note 'if you're here to collect my parcel call 07XXXXXX obviously)

You haven't said what the item is - is there a safe place outside (around the back/side of the house) where again a friend might help you position it for collection?

If it was delivered on a weekday - I can't see them offering a weekend collection as that's usually a premium price. (Even if it was their error).

As a suggestion to resolve the impasse - If you WANT a weekend collection, as that suits your upcoming schedules more - you could ask them how much extra it is so you can pay the difference (and only the difference) so that you can get what you want, and they get the item returned. There's nothing I know of that would make you 'entitled' to a weekend collection.

If the item is still packed up, you could also book your own courier to get it sent back, collecting from you on a Saturday just so you can get the item back and your money refunded. This would be at your cost.

my family member, who doesnt live in the area, was visiting me at that time during the delivery.

 while for the order i did paid for a Saturday delivery, but it got delivered on a weekday instead.

the item is an electric appliance over 20kg, no safe place to leave at, no neighbour is willing to be involved.

my money has already been refunded, i simply want a way to return it without me having day off from work, and not at my cost.

If you actually PAID for a Saturday delivery - then that might give you a bit of leverage for a Saturday collection.

I hadn't realised you'd been given your refund already - so currently you are not out of pocket, but have a bulky item sat in your house that belongs to them, they want it back, and have threatened that if they don't get it, they'll go legal.

Have you mentioned to them yet that you paid for the Saturday delivery - and although it was successfully delivered on a weekday, it was by fluke, as usually there's nobody there, and as such because it was a premium delivery, it should also be a premium collection? That might be a useful argument to put forwards. (Have you done this in writing rather than verbally?)

Are we talking big brand outfit or small family company?

And value wise - are we talking under a £100 - several hundred - a thousand or more?

yes i did paid for a Saturday delivery, and i did write to them about regarding the weekend delivery and therefore should be a weekend collection, but they don't care they just go on and on for a weekday collect only or else legal actions.

it is a online retailer, value is around £300.