How do lawfully deal with ownership of tent after refund via Klarner.

infobleep

Hi there

I purchased a tent via the online store TrekkInn (owned by TradeInn).

I paid around £360 for the tent but via 3 monthly installments through Klarner. I was after a particular make of tent by Vaude that isn't sold by shops located the UK, possibly due to Brexit I guess, as they use to sell over here nore TradeInn though, handle all the import duties and they have.co.uk websites.

I meant to get the tent delivered to my parents but I made a mistake and had it delivered to my home address.

I left no instructions on where to leave the tent and it needed to be signed for. No problem I thought, I can get it from the sorting office.

Parcel Force left it on my doorstep and put a false signature on the form. I have screenshots that prove this.

A builder working for a neighbour noticed it and took it in. The same builder has worked for me in the past, so they wouldn't consider it an issue taking it un. My neighbours were away so at first I didn't know what had happened to it and I contacted TradeInn.

Once I found my neighbours had it and I got back to Guildford, I got hold of the tent.

As I started to undo the packaging I noticed it was damaged. The packaging and outer tent bag had a rip.

This should have been obvious to Parcel Forxe staff. All I can think if it got damaged when someone undid a pallet.

I contacted TradeInn with my evidence and they said they would not help as I hadn't contacted them in 3 days. Nonsense as the tent was damaged and I contacted them the same day i got the tent in my hands, not that I had to. I was within 14 days of the tent being on my doorstep. I was just after a replacement as I needed the tent in September. So not a refund.

As they would not help I raised a dispute with Klarner. They eventually found in my favour and I got refunded as TradeInn did not engage it seens.

However, I now still have the tent as well as the refund, which was not my intention. Throughout the process I was asking Gemini for help.

So I contacted TradeInn requesting they come and collect the tent. I got some copy and paste reply so I replied with this:

---—

Thank you for your reply.

Please read the text of my original message carefully. I am not returning a parcel to you. I paid for the item through Klarna and the item arrived damaged. Klarna found in my favour and therefore the contract is cancelled and the money paid through them has been refunded. The damaged tent is at my address for TradeInn to collect at your expense by Monday, 17 August 2026. If TradeInn does not arrange collection by that date, the item will be considered legally abandoned.

-----

They replied:

Hello,

Thank you for contacting us.

Please note that the Returns Department has closed your claim. Kindly contact the Returns Department directly via this email returns@tradeinn.com .

If you have any further questions or concerns, please visit our FAQs page or feel free to contact us via our on-line form available in MY ACCOUNT.

Kind regards,

Tradeinn Team – Customer service

----

What I don't know is if my email was right legally speaking and where the tent stands now in terms of ownership. It is 18 August.

I am not looking to sell the tent. I either wish to use it, with the outer tent bag patched up with tape or they come and collect it.

I did a brief search online but eveeything seems to be about selling goods after you have given someone time to collect them.

Thanks for reading.

A_Geordie

Legally speaking, no you are not correct in your thinking. When you raised your dispute I am guessing the dispute was flagged under what is known as a s75 claim (short reference to s75 Consumer Credit Act 1974). The law changed last month so that short term credit arrangements like "Pay in 3" or "Pay in 30" offered by Klarna, PayPal and the like are now regulated.

What s75 means is that the creditor (Klarna) can be:

• jointly liable (a can claim against both retailer and creditor as two defendants) or
• severally liable (a claim individually against Klarna or retailer)

However, you cannot recover the same amount twice. Whilst you have been refunded by Klarna, the retailer could still decide that they disagree with Klarna's decision to refund you and seek to recover their loss directly from you, by issuing legal proceedings - assuming (and only if) Klarna successfully recovered their loss from the retailer otherwise there would be no loss. This kind of scenario is typically rare, although I tend to see smaller businesses threaten and/or follow through with legal action as opposed to large retailers who soak up the cost.

I am not looking to sell the tent. I either wish to use it, with the outer tent bag patched up with tape or they come and collect it.

On this point, you cannot force the retailer to collect the goods without going to court and are only required to make the goods available for them to collect. As you exercised a short term right to reject in 30 days the retailer cannot make any deduction for continued use of the tent. So there are two ways of going about this:

Option 1: Write to the retailer formally, tell them that the goods are available for collection at your address and give the full address. Tell them they have 7/14 days to collect otherwise if they do not collect by the deadline, in accordance with the Torts (Interference with Goods) Act 1977, you have the right to sell the goods at fair market price, less any costs you incur in selling it. The proceeds would need to be returned to them and you only need to notify them once as to how/where the proceeds should be returned. If they don't reply, they have 6 years to collect but after that, they will be out of time to bring a claim against you to recover that money.

Option 2: Use the tent as you wish, but bear in mind you are responsible for taking reasonable care of the goods. Any damage to it beyond wear and tear means you open yourself up to claims for damage or loss. If the retailer in any way says you can no longer use the tent you must stop. That said, whilst the retailer couldn't bring a claim under contract law for deduction of use, they may have an alternative claim in tort. Tort claims are civil wrongs and don't require a contract e.g. personal injury claims. So a claim would likely be for wrongful interference with their goods through unauthorised use. The claim would be similar to a contract claim which is a monetary sum for the use of it without permission and/or any loss in value as a result of the use.

That all said, as you have already put them on notice that the goods are available to collect, strictly speaking it is not your job to do their job by emailing another department. That can be done by the department who replied to you and it is just sheer laziness from them. You can of course reach out to the returns department or you can ignore it, do nothing and see what happens in the hope 6 years passes without anything happening and/or using the tent at your own risk if you so wish.

Remember, you only need to make the goods available and they have been given notice of the same. That's the extent of your job as a consumer and anything more is entirely at your discretion.

Edit: Just an FYI, there is a high bar to treat something as legally abandoned and would take more than just a non-response of a short deadline to get anywhere near that threshold. I would not suggest you treat the tent as abandoned unless a sufficiently longer time has passed.

GDB2222

@A_Geordie Can you please clarify what you mean by “Use the tent as you wish, but bear in mind you are responsible for taking reasonable care of the goods. Any damage to it beyond wear and tear means you open yourself up to claims for damage or loss.”

Fair wear and tear would surely be that expected from simply storing the tent. If it is used for camping the wear level would be higher, thus significantly reducing the tent's value. For example:-

At the moment it is a brand new tent in a damaged bag. Value say 75% of new price. After use, it is a secondhand tent worth say 30%. Would the retailer be entitled to the difference from the op?

It is all a bit academic as the retailer doesn’t seem to be very interested anyway. The practical course is to use the tent and be prepared to negotiate a settlement with the retailer if they ever bother to get in touch.

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82106218#Comment_82106218

If this was a S75 claim, the tent may belong to Klarna at this point. OP may want to try clarifying it with them in case they are more responsive.

Ergates

The damaged tent is at my address for TradeInn to collect at your expense by Monday, 17 August 2026

In addition to what A_Geordie says - you've not given timelines in your post. When did you contact them?

For instance - sending a mail on the 14th saying they had to collect it by the 17th would not be a reasonable time frame.

A_Geordie

https://forums.moneysavingexpert.com/discussion/comment/82106295#Comment_82106295

Under the CRA, the retailer is not allowed to claim a deduction for use if they fail to collect the goods after being informed that they are available for collection.

The retailer from a contract law perspective would be limited as to what they can claim/recover, which is why I also mentioned that there may be a concurrent claim that the retailer may have under tort law. There is often an overlap between the types of claims in contract and claims in tort so the retailer could look at an action in tort to recover loss/damage that they would not be able to claim under contract law due to the limitations and restrictions in the CRA.

If the tent was damaged beyond reasonable use then depending on the terms of sale, the retailer could argue they would be entitled to the loss/damage caused by the OP as a breach of contract. This would be so long as the retailer could show actual damage or loss rather than the claim being disguised as a deduction for use.

The retailer could also have a parallel claim under the Torts (Interference with Goods) Act 1977 which covers wrongful interference with goods, negligence and conversion (where goods are lost or destroyed). A claim under TIGA provides a broader scope of rights/remedies than under the contract claim since it is a "per se" action that means you don't need to prove fault or loss or damage, rather the action itself is enough to confirm liability. The question will then be what loss or damage can be justified.

The sensible option here would be to not use the tent to avoid any possible claim, but as you suggest, it is currently nothing more than an academic issue until the retailer decides to take charge and collect the tent. I have just noticed that TrekkInn is a company based in Spain so the OP might take comfort that if they use the tent, then legal action from the retailer is unlikely to ever happen.

A_Geordie

https://forums.moneysavingexpert.com/discussion/comment/82106299#Comment_82106299

This is both factually and legally incorrect. I don't know why but it this is a point that is repeated quite regularly on the forum and it should be avoided. A s75 creditor's remedy is an indemnity against the retailer and nothing more.

Nothing in the Consumer Credit Act 1974 or any secondary legislation under it says that if a creditor pays the consumer under s75, ownership of the goods automatically transfer to the creditor. It drives a coach and horses through the Consumer Rights Act as to ownership and what happens on termination of the contract.

Pretty sure I answered this point a few weeks ago too, and happy to stand corrected but I will eat my shoes if you can find something to back it up, because I'm that confident nothing exists.

born_again

https://forums.moneysavingexpert.com/discussion/comment/82106326#Comment_82106326

Especially given it was bought from a Spanish company.

infobleep

Thanks for all the replies.

I think it is a case of Google Gemini being wrong again. It is helpful but I frequently correct it. However, I knew to check once again because it isn't to be trusted.

The issue I have is that I need a particular tent by 3 Septemeber, aka just like the one I have, just without the damaged tent bag and I didn't want to buy two of them. I also didn't see why I should pay £360 for a damaged tent, and I thought TradeInn would be reasonable once presented with the facts.

I thought raising a dispute with Klarner might help resolve things, when TradeInn weren't interested, but it hasn't, beyond the fact they refunded me some money. I still have the mostly unopened tent. Once I noticed there was an issue, whilst starting to undo the packaging, I put it to one side and didn't attempt anything further with it, in case I be accused of causing the damage myself.

infobleep

I contacted them 21 dayes before 17 August. So 27 July.

The tent was delivered on 9 June and it was something like 16 June when I knew it was damaged. That was the time I first had the tent.

I contacted them the same day and on 22 June I contacted Klarner aftee my case was closed.

In my customer service exchanges they had the order number. I would like to think the Klarner issue might also show up internally under the order but maybe it doesn't. However, that isn't my problem. I explained the situation.

infobleep

https://forums.moneysavingexpert.com/discussion/comment/82106295#Comment_82106295

By saying use the tent as I wish I meant to actually use the tent.

I am going calping for 4 nights from 3 September. I got this tent especially for that.

I wasn't looking to buy a tent that I could sell. I also wasn't looking to buy a tent in such a way that I would end up getting it for free.

I am sure they didn't send a damaged tent and it got damaged in transit so I was quite happy for it to go back and replacement get sent but they just closed the case down and were not interested.

So I contacted Klarner, in the hope it might help.