Builder Depot refusing return under Consumer Contracts Regulations — advice needed

eskbanker

namsoni said:

The fridge freezer is unused, uninstalled, and in perfect working condition.

How do you know it's working perfectly?!

born_again

eskbanker said:

namsoni said:

I ordered a fridge freezer from their website on behalf of my elderly parents. 

[...]

I'm considering a Section 75 chargeback, a complaint via Citizens Advice/Trading Standards, and ultimately small claims court if needed.

These are actually two entirely separate processes, and it's not necessarily a given that either would apply here.

Section 75 is dependent on an unbroken debtor-creditor-supplier chain, which will generally prevent claims where the purchase is for someone other than the primary cardholder, although this will depend on exactly how the contract is structured, in terms of whose name is on the order, etc.

Unlike s75, chargeback isn't a statutory right and so doesn't apply to all breaches of contract, but only in specific cases defined by the card schemes, such as non-delivery or faulty goods - I don't know if there's a reason code that corresponds to this particular scenario of failing to accept a return though.

Given this sounds like a change of mind. Then there is no chargeback. 

As such if it was tried retailer could argue the point that item is not faulty or damaged.

namsoni

Last year I bought a fridge freezer for my elderly parents. The retailer refused to honour the 14-day return, so I raised a chargeback with my credit card provider and won.

I informed the retailer (despite them being uncooperative and legally wrong throughout) and gave them 14 days to collect the fridge freezer, otherwise I’d dispose of it. They didn’t respond. After the 14 days, I contacted them again out of courtesy, only then did they start engaging.

We arranged a collection day for today. The fridge freezer is on the ground floor of my parents’ house. The courier arrived today but said they hadn’t been told what the item was and couldn’t move a fridge freezer alone, so they left.

I contacted the retailer to let them know. They responded with the following: "The driver would supply the pallet and can assist with loading the item but we can't guarantee that he can do it all himself so adequate labour would be required to assist. It wouldn't be a lot as the fridge would just need to be lowered onto a pallet and the driver could do the rest using the pump truck and taillift."

My parents are elderly, and I’m not prepared for them to assist, both for safety reasons and because I don’t want any liability if something goes wrong e.g. if its dropped.

From my understanding, once the retailer arranges collection, it’s their responsibility to ensure suitable transport and labour, and there’s no legal requirement for the customer to help move a heavy appliance.

Am I right that they can’t insist we provide labour, and that the failed collection is on them?

Woodstok2000

Yes.......

Alderbank

https://forums.moneysavingexpert.com/discussion/comment/81856893#Comment_81856893

Indeed.

Remind them of section 20 of the Consumer Rights Act which says '…the trader must bear any reasonable costs of returning [the goods].'

Altior

They didn't state your elderly parents needed to help, just 'adequate labour'. Which could be anyone, just another pair of hands really, friend/relative/neighbour et al.

A breakdown in communication/planning or whatever, likely 8/10 times it wouldn't be a problem but yes if it's not possible to lean on anyone else to help shift it then they will need to arrange a 'two man' collection.

the_lunatic_is_in_my_head

Pragmatically probably easier to figure a way around it. If you can assist it’ll like be easy to move with the help of the collection person.

If you want to dig your heels in tell them you are an involuntary bailee and it isn’t reasonable to store a fridge so if they can’t collect it off their own back in accordance with The Torts (Interference with Goods) Act 1977 you’ll sell it and account the funds to them. Note that you’ll do your best to get a fair price but it’s not likely to be much due it being a fridge.

eskbanker

Remind them of section 20 of the Consumer Rights Act which says 

'…the trader must bear any reasonable costs of returning [the goods].'

This wouldn't apply if it was a change of mind return though, which could be inferred from OP's reference to "The retailer refused to honour the 14-day return"?

Alderbank

https://forums.moneysavingexpert.com/discussion/comment/81856964#Comment_81856964

That's a good point.

It seems from the first post that the retailer has agreed to collect so if it is in fact a change of mind return the OP should remind them instead about regulation 35 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which says:

Where a sales contract is cancelled under regulation 29(1), it is the trader’s responsibility to collect the goods if

(a)the trader has offered to collect them, or

(b)in the case of an off-premises contract, the goods were delivered to the consumer’s home when the contract was entered into and could not, by their nature, normally be returned by post.

Baldytyke88

Back in the days of CRT heavy televisions, my friend and I would collect them on our own, my colleague has on occasion, asked people walking past to lend a hand.

We could possibly manage some 28" televisions, but a 32" would be too heavy and they were a two person lift