Builder Depot refusing return under Consumer Contracts Regulations — advice needed

Okell

Do either the CRA or CCRs apply here?

It's not clear to me but it seems the OP won a chargeback without returning the goods first.

He then sent a letter to the seller telling them to collect the goods.

Having won the chargeback without retrurning the goods, it's not clear to me whether the OP is responsible for returning the goods, or the seller is responsible for collecting them

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81857334#Comment_81857334

OP has the fridge and the money, does it really matter 🙂

What are the company going to do, spend money suing the OP and have to explain to the court why they didn’t honour their policy and/or defend the chargeback?

dnpark38

Who owns the fridge now?

Alderbank

https://forums.moneysavingexpert.com/discussion/comment/81857334#Comment_81857334

That's a very interesting post, in view of the fact that you yourself advised the OP:

I would reiterate to them that you are exercising your right to cancel under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and that you are NOT trying to return it under there own returns policy…

The OP has muddied the waters considerably by starting a new thread instead of just continuing with his other thread about this issue. I was confused as well.

https://forums.moneysavingexpert.com/discussion/comment/81577893#Comment_81577893

We always urge posters to continue with an existing thread instead of starting new ones.

Apologies for the formatting, I am still struggling to get to grips with the new and 'improved' features

Okell

https://forums.moneysavingexpert.com/discussion/comment/81857518#Comment_81857518

Thanks I hadn't realised that this was a continuation of an earlier thread where the OP had been much clearer about what the problem was (wanting to cancel a distance contract under the CCRs I think?) rather than the summarised version they had given here.

It would have been better if the OP had continued the earlier thread and had explained on what basis their bank had awarded a chargeback.

I note that in the original thread @born_again had suggested that a "change of mind" (ie a cancellation under the CCRs) would not be grounds for a chargeback.

It would be interesting to know what the OP actually told their bank/credit card provider to cause them to award a chargeback. (As I recall the OP was quite clear that the item worked perfectly…)

I'll ask for the two threads to be merged for continuity

Okell

https://forums.moneysavingexpert.com/discussion/comment/81857518#Comment_81857518

"… Apologies for the formatting, I am still struggling to get to grips with the new and 'improved' features"

What a surprise! Another forum update which is less user friendly and another step backwards…

[How do I put anything in bold or italics? Is anything in bold considered "not kind" or aggressive?

And if I quote a post, how do I edit it? ]

[Edit: And by "how do I edit a post I'm quoting" I don't mean changing the meaning or context of the quote like the employment tribunal judge in the Sandy Peggie case did, rather I mean just highlighting the relevant part of the post that I want to comment on, not the TLDR irrelevant entirety of it]

eskbanker

How do I put anything in bold or italics?

Select some text while composing and a popup gives options to bold or italicise, etc.

And if I quote a post, how do I edit it?

Not directly possible, it's a case of copy/pasting into unattributed quotes like I'm doing, if not wishing to quote a post in full.

Further details in the help guide and discussion in a dedicated feedback thread

namsoni

Apologies for not continuing the previous thread. Honestly I had forgotten I had posted it.

Thank you for the advice. On the chargeback, ultimately it came down to the fact that they just didn't respond to natwest, so then the credit card company made the chargeback permanent.

I then contacted them, saying I was an involuntary bailee. I gave them 14 days, which passed. I probably should have just sold it after that, but to be on the safe side I emailed them again, at which point they replied saying they were happy to collect.

Unfortunately, there's no option of providing any additional moving labour. I am in a different city, and I have told my parents in no uncertain terms to not help. They are over 70, and apart from the risk of injury, I don't want any risk of the product being damaged and us blamed. Based on the tone of communication they sent initially I don't trust them to not try and blame us if there are any issues. They have been rude, lied, and unresponsive. Anyway, I've emailed them giving them seven days to collect with adequately resourced couriers, or I will sell and send them the money.

Grumpy_chap

If you sell the fridge freezer and send the money to the retailer, how will you manage the uplifting from the current location onto a vehicle? That will require the same, probably more, effort to move the fridge freezer within the house to the street and then lifting to load onto a vehicle. An individual buying a second hand fridge freezer will not be a professional at moving large items, will not have the trolley / pallet truck and will not have a tail-lift equipped vehicle. The amount of effort and support required to manoeuvre the fridge freezer will increase several-fold.

OR, in the case of selling privately, will your parents suddenly become fit and sprightly and more than capable of assisting?

OR, in the case of selling privately, will you suddenly, obviously, be able to attend to assist?

Is the refusal to assist the retailer with the collection your intransience and stubborn awkwardness?

How did the fridge freezer get delivered and into the location where it is now? Was any support provided to the delivery crew?

Undervalued

https://forums.moneysavingexpert.com/discussion/comment/81857712#Comment_81857712

Exactly!

It is worth noting that in the event of this going to court (and indeed in any legal dispute) there is an expectation to act reasonably. You don't want to give the judge the impression that you have been as difficult as possible to make a point and / or punish the defendant. Two wrongs never make a right!