To sell these items on ebay

[whattodonow1]

About 6 weeks ago I ordered several items from large retailer amounting to the sum of around £550. I unexpectedly had to go away up North as we had a bit of a mini family crisis and cancelled the order as it wouldn't be convenient taking delivery and decided I didn't really need items after all. Rang retailer up they cancelled order and refunded card.
4 days after date the delivery was originally due I had a manager ring up telling me that items had been delivered and signed for by my sister in law, she was coincidently in when delivery took place, feeding animals, obviously assumed order was valid and signed for them.
Manager asked me if I had lost my bank card, I had conincidently and cancelled it luckily, I'm assuming they were otherwise going to recharge the card but hadn't been able to because it had been cancelled thankfully, they would have done this without telling me, which I think is a bit cheeky under the circumstances!. I was a bit off with manager who was a bit rude saying he was suprised sister in law hadn't told me about delivery, this is because we had a lot on and she obviously didn't want to disturb us and said that I would need to arrange a time to get items picked up. I had to get off the phone as I need to pick my 6 year daughter up and couldn't be late so I told the manager he would need to ring back later. He kept going on and on and warned him that I would need to hang up as I wasn't in the position to be able to continue having conversation, I was going to be late. I had said repeatedly to call me back later to dicuss matter further. He continued discussing this, so I hung up. I've not had a phone call since and no other contact from this retailer either. I don't see why I should ring them paying extortionate 0870 rates and being on hold for ages but wonder if I can sell these items as they are currently taking over my garage. Thoughts please.

Is it possible to email them through a link on the website.

Or have a look at "SayNoTo0870" website for a geographical number for them.

I wouldn't Ebay them they're not yours to sell I don't think.

of course you cant!! you need to phone the company and ask them to arrange collection a your mutual convenience

they probably think you cancelled your card deliberately

No, that would be fraudulent selling something that you didn't have good title to.

I'm amazed you are even considering it.

Just think its a real nuisance and through their error and a bit pissed off they would wouldn't think twice about charging my card taking me into overdraft without telling me had they been able to.
I've had issues with this same company before and previously spent a fortune on the phone to them without being reimbursed and wonder why I'm doing the chasing when I clearly said to the manager ring me back later!

i can understand your frusration...but why would you think these items are yours to sell???

Are they a small business? Imagine the impact that could have on an already tough year. Email them and tell them you will assume ownership after 28 days if they don't arrange collection.

I don't think they are mine but since I've waited about 6 weeks for them to contact me and they haven't I don't want them lying in my garage indefinately. The manager was so rude to me, when I most definately think its them thats at fault I guess its got my back up. It is a large profitable limited company and its been so long it has crossed my mind that they have for some reason chose to write it off and not bother ringing me!.

I might email them and tell them to arrage collection or I will be taking ownership. It has crossed my mind to donate to charity to.

You have only assume ownership after 6 months I believe.

It is them at fault.

You cancelled the order. There's something wrong with their system if the person on the phone didn't mention they were already dispatched or the cancellation didn't make it through to the warehouse to stop them being sent.

Also, according to the Distance Selling Regulations, you have a right to cancel within a number of days. So it's unacceptable for them to try to recharge the card.

You need to give them a reasonable opportunity to collect the items. In their T&C it probably says that the title passes once the goods are fully paid for. Yes, they made a mistake, but they may rightly take you to court to recover the items or cash equivalent if you don't cooperate. Was it an online retailer or with the store presence? Either way, there are ways to get in touch, even using 0870 number and demand a refund for call charge.

Don't sell them, you could get into serious trouble! Have a look at your rights www.consumerdirect.gov.uk/after_you_buy/buying_at_home/returning-cancelling/

Its an online purchase, my arguement is though that they have my phone number to get in touch with me. I told a manager to ring me back 6 weeks ago and they haven't bothered. Why should I run around around chasing them? they made the mistake? they are hopeless!

Don't eBay them.

Ring and demand collection.

Follow up with a snotty letter to head office.

No, of course you can't sell the items. If you do then the seller can take legal action against you as you will have assumed ownership of items that are not paid for.

There may come a time further down the line when, after appropriate correspondence, you may be able to take action to dispose of the items, but certainly not now.

And as to why you should run around after them - the answer is because you want your garage space back and do not want to pay for these items. The fact that it is their mistake is annoying but it does not change the legal situation.

"Why should I run around around chasing them?"
Because you have also made a mistake by signing the delivery rather than sending the away.

Now you just sound like someone who wants to make some money off your and the retailers' mistake rather than finding a reasonable solution.

bemybebe, I didn't sign my sister in law signed understandably thinking the delivery was valid. In a previous post I mentioned that I a,m considering giving money to charity so that knocks your money making theory on the head!
going to get in touch with consumer direct, thanks Appleyeverafter.

I suppose you don't want to name the shop but don't all large retailers have a customer servcies email address ?

I can see why you're annoyed but I don't understand how the manager knew that you SIL has signed for the goods. Why was he ringing anyway, even if you get a new bank card its still the same account details isn't it?

Looking at this from the retailers point of view:

You(your SIL) took delivery of an order that you knew was cancelled and not paid for. You cancelled the card the initial payment was taken from, so preventing them taking it again(even though they shouldn't).

Then you were unwilling to discuss this with the manager who phoned you, then you hung up on him. I understand that you had to go pick up your daughter or you'd be late, I've had the same, trying to get someone off the phone at school run time. But to them it could look as though you were avoiding the issue and that's why he was going on and on.

Look on the sayno for a geographical number and phone them to organise collection.

I just don't understand if wants to resolve issue why didn't he ring me back later that day as I'd asked him to over and over! I'd not said I wasn't willing to talk about it just not then.

I didn't sign my sister in law signed understandably thinking the delivery was valid
It does not matter, the goods were delivered to the address specified and accepted but that address.

I mentioned that I a,m considering giving money to charity so that knocks your money making theory on the head!
Again, it does not matter how you choose to go about spending or donating these goods or money.

Look, you asked for opinions, I gave mine, I still think selling/donating/using these items is wrong since you did not (in MY opinion) do enough to get in touch with the store. If you cannot see that yourself, I can not help it.

but=by

Effects of Cancellation. reg 14 provides that the supplier shall reimburse the consumer within thirty days of the notice of cancellation being given (including delivery costs). reg 17 provides that the consumer is expected to take reasonable care of goods and deliver them to their door upon collection by the supplier. If the supplier has not tendered the goods within 21 days after notice of cancellation was given, the consumer can treat them as unsolicited goods.[13]

If think they might be yours now.

TotemPole, quote in full please:

Unsolicited Goods. Where goods are sent to a consumer (this requirement is redundant here) with no contract stipulating delivery, the "recipient may [...] use, deal with, or dispose of the goods as if they were an unconditional gift to him"[14] and "[t]he rights of the sender to the goods are extinguished".[15] This is to prevent companies purporting to be entitled to monies whereby an individual receives goods and uses them. Note: this provision merely amends the Unsolicited Goods Act which provided that to be unsolicited goods, they had to be deliberately sent to the recipient with the intention that they used them. Goods sent in error are thus not unsolicited, but remain the property of the sender.

Goods sent in error aren't immediately classed as unsolicited. So the recipient can't immediately take ownership.

The DSRs say that after 21 days the goods are classed as unsolicited.