Builder Depot refusing return under Consumer Contracts Regulations — advice needed

namsoni

https://forums.moneysavingexpert.com/discussion/comment/81858155#Comment_81858155

Online. They delivered it unaided. I am communicating with them. However, I can't do things that are not possible. I have contacted them, saying that the fridge is on the ground floor, near the front door, with a driveway they can reverse into. I am slightly perturbed by some responses that do not acknowledge that it should surely be easier for a delivery company to find someone trained in health and safety and manual lifting, and presumably insured, rather than ask elderly people to help with something that could risk injury. The lack of cooperation surely works both ways. I am trying to meet them halfway. Also, based on my experience so far, if the fridge were dropped during moving, I am almost certain they would seek to place the blame for that on us.

born_again

https://forums.moneysavingexpert.com/discussion/comment/81858190#Comment_81858190

Thanks.

In reality they need to tell the courier that this is a 2 man job & what exactly the item is.

Depending on size of item, one person might be able to manage if van has a tail lift & they have a trolly to move it.

namsoni

https://forums.moneysavingexpert.com/discussion/comment/81858161#Comment_81858161

This is it exactly. If at the first opportunity they said we will need to cover the cost of sending it back, or they would knock off a percentage, I might have entertained it. But they just flat out refused. I've also sent numerous photographs of the item on request.

namsoni

https://forums.moneysavingexpert.com/discussion/comment/81858197#Comment_81858197

Yes, the courier that arrived yesterday said he hadn't been informed what the item was. BD are claiming that's not the case, but I don't see how that is my problem either.

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81858187#Comment_81858187

Seems correct to me with the exception of the return costs being omitted for goods which by their nature can't be returned by normal post.

So BD is on the hook for return costs and it's probably cheaper for them to collect than let OP do it as it'll cost an arm and a leg that way.

That aside technically OP should return but as above I really can't see them taking a customer to court, it'll cost them more than the fridge.

eskbanker

That aside technically OP should return but as above I really can't see them taking a customer to court, it'll cost them more than the fridge

Obviously their choice about how hard to push but presumably for a £700+ debt, they'd involve debt collectors, who may be more able and willing to pursue it cost-effectively?

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81858200#Comment_81858200

Quite possible that both are true.

No-one told the actual individual working for the courier firm that arrived at the property that it was a fridge.

BD quite probably did tell the courier firm that it was a fridge as part of the booking process.

Internal failure to communicate the whole message along the whole line. Not that it is any concern of the OP's how this happened - the retailer should simply arrange appropriate transport.

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/81858230#Comment_81858230

I don't think debt collectors can do anything, unless they buy the debt.

No idea about things once debt is sold but I guess they'll still have to prove in court it's a valid debt as they would be the one making the claim.

Okell

https://forums.moneysavingexpert.com/discussion/comment/81858187#Comment_81858187

You are right that their T&Cs are generally compliant with the CCRs, but as the lunatic has pointed out, they don't cover para 35(5)(b) of the regs with reference to para (m) of Schedule 2.

So that means that BD are responsible for the costs of return.

They might not strictly be responsible for organising the return, but as the lunatic says, presumably it would be in BD's interrsts to organise the return rather than expecting the OP to do so.

Hopefully it's just a case of the OP being able persuade BD that this si the correct course.

Okell

https://forums.moneysavingexpert.com/discussion/comment/81858200#Comment_81858200

What did the courier tell your parents?

Did he tell them that he'd return with a mate?

Did they ask him what would happen now?