returning unwanted item

julesjcm

I was mis sold a laser cutter - the retailer said it had a built in water cooler but it did not - it was an external chiller. The retailer delivered the water chiller but I never actually received the laser cutter. The order was cancelled by me and I asked for a refund. I was eventually (after going through my credit card) issued a "disputed refund" - so I am not out of pocket.

However I still have the unwanted water chiller unit (unopened), I have asked the retailer to provide me with the necessary return info/instructions two weeks ago but I have not heard anything in response. 

Where do I stand? I am happy to return at their expense but it is taking up floor space, how long do I need to wait before I can safely and legally dispose of this unit? 

Thanks in advance for any answers.

user1977

Is this a consumer contract or are you a business?

julesjcm

I am not a business, this was intended for my personal use

powerful_Rogue

julesjcm said:

I was mis sold a laser cutter - the retailer said it had a built in water cooler but it did not - it was an external chiller. The retailer delivered the water chiller but I never actually received the laser cutter. The order was cancelled by me and I asked for a refund. I was eventually (after going through my credit card) issued a "disputed refund" - so I am not out of pocket.

However I still have the unwanted water chiller unit (unopened), I have asked the retailer to provide me with the necessary return info/instructions two weeks ago but I have not heard anything in response. 

Where do I stand? I am happy to return at their expense but it is taking up floor space, how long do I need to wait before I can safely and legally dispose of this unit? 

Thanks in advance for any answers.

You'll need to send them a couple of letters advising if they don't arrange to collect the item you will sell it for market value. If they don't make any arrangements after this you can sell the item. Has to be sold for market value, so no mates rates. You can deduct expenses from this such as listing fees etc.

Keep the money for six years, if they don't ask for it then after then spend it.

Okell

@julesjcm -  the legal position is as outlined above by @powerful_Rogue.

The law is at s12 of the Torts (Interference with Goods) Act 1977 (legislation.gov.uk).  

You have to give the owner written notice of your intention to sell if they don't collect the goods;, and you need to give them a reasonable time in which to collect the goods.

You must use the best method of sale given the circumstances, and you must account to the owner for the proceeds of sale, although you can deduct reasonable costs of sale from that amount.  You can't just give it away and you can't sell it at an unreasonably low price.  The owner can claim that money from you for up to 6 years after the sale.

What you need to contain in your written notice of intention is in Part 2 of Schedule 1 to the Act.

Note that the Act prescribes that such notice must be in writing and "... shall be sent by post in a registered letter, or by the recorded delivery service".  I'm no longer certain what delivery services are offered by RM/PO, but I think you can assume that an email or text will not be sufficient for this purpose.

the_lunatic_is_in_my_head

powerful_Rogue said:

You'll need to send them a couple of letters advising if they don't arrange to collect the item you will sell it for market value. If they don't make any arrangements after this you can sell the item. Has to be sold for market value, so no mates rates. You can deduct expenses from this such as listing fees etc.

Keep the money for six years, if they don't ask for it then after then spend it.

Just to add to the good advice above, you don't have to sell it, you can if you wish keep it safe and after 6 years it would become yours, but obviously the more time that goes by the less chance someone will come looking.

It all comes under the principle of being an involuntary bailee. 

julesjcm

Thank you to all who responded with the solid advice offered. I will draft a letter to the supplier asking for them to arrange collection. 

Just to expand a little, the item is advertised on their website at £360. Given that what would be considered as reasonable costs to deduct if they fail to collect and I was to sell the item?
I would assume:-
a) My time for advertising and dealing with any buyer and their enquiries.
b) Postage and packaging.

Would it be acceptable to charge for the items safe storage? Theoretically could I charge £30 a month and then consider the item as mine to dispose of after 1 year?  
 
Also If I was to sell the item who would actually be responsible for the buyers guarantee & warranty - The item is unopened and I cannot confirm its physical condition or indeed if it actually works. If it is the original retailer then it is not a problem but if it is me then I could end up seriously out of pocket.

the_lunatic_is_in_my_head

julesjcm said:

 
Also If I was to sell the item who would actually be responsible for the buyers guarantee & warranty - The item is unopened and I cannot confirm its physical condition or indeed if it actually works. If it is the original retailer then it is not a problem but if it is me then I could end up seriously out of pocket.

You'd be making a private sale AFAIK so the very limit obligations are outlined in the SOGA, mainly to ensure the description is not untruthful, warranty is usually manufacturer so nothing to be concerned about. 

julesjcm said:

Would it be acceptable to charge for the items safe storage? Theoretically could I charge £30 a month and then consider the item as mine to dispose of after 1 year?  

Being an involuntary bailee is a thankless task, again AFAIK you can't charge storage fees (unless they were part of the original contract which is doubtful).

julesjcm said:

a) My time for advertising and dealing with any buyer and their enquiries.
b) Postage and packaging.

I would assume direct costs so as you say P&P, maybe eBay fees or similar but again AFAIK nothing for time, the bonus comes if the other person never comes looking