Item bought & paid for sold off

[indomitable101]

So pls I need to know where I stand regarding this.

I bought/paid for a piece of furniture in full with my debit card an old sideboard just before Xmas from a charity shop that also commissions things.

They kindly sent it to their warehouse for it to be painted. I spoke to the man who was going to paint it but we concluded that I would be back after the festivities to conclude ie finalise things by choosing the exact decoration I want.

I was not able to go back to the warehouse until today due to a lot of personal problems & challenges etc

I got to the warehouse to find out they had transferred the sideboard back to the shop & when they called the shop, they said it has been sold that I should walk about half a mile to one of their other shops to speak to the manager for a refund, credit note or get another sideboard if available

I walked down there & was told the manager had gone to the other shop about half a mile away.

I walked down to the shop & found the manager who did she can't offer a refund, credit note & that no sideboard at all in stock and that in fact they should be charging me for storage and she had a bad attitude and I just walked out as I was in a fragile & emotional state from my personal issues & I didn't want to burst out in anger or tears.

Went out to calm down/ pull myself together and never went back to the shop as I want to know where I stand regarding this issue

Have they got the right to sell on what I already paid for? They have my number, why didn't anyone call me? Have they got the right to refuse a refund, credit note or a replacement?

Didn’t you call the shop and let them know it was going to take you almost 4 months to collect the large piece of furniture!

Reading this, you might not be entitled to a refund if they thought you didn't want the item as you hadn't contacted them about collection. I'm assuming you didn't as you've not mentioned that in your post.

www.gov.uk/accepting-returns-and-giving-refunds

@BentNeckLady no I didn't call as I totally forgot about it as I was going through the toughest time of my life and that was d last thing on my mind.
But do they have the right to say no refund or credit note? And why didn't they as least call me as they have my number

From the purely economical side it's been 4 months with no contact. How much did you spend? You could try writing a letter to the organisation explaining your circumstances, but at a local level it's not their job to chase you up, and they didn't know you were having personal issues.

@SD thanks. Yes, I know that wouldn't know I was having personal issues etc. But have they got the right to refuse a credit note or refund or alternative item?

Did they contact you to arrange collection or inform you they were going to dispose of it by x date?

I'd be contacting further up the offer than manager. You'd assume they would take your circumstances into account, but if they have said no, go up

They should have called you

They never called me at all and they took my number when I bought the item. Thanks, I will definitely call them tomorrow & if they still say no, I will write to the organization. I paid £60 for the vintage sideboard. It is not exactly about the money but the fact that it was disposed of without any contact at all- why did they take my number and then the manager's attitude today was disgusting and then I am thinking that the right thing to do would be to refund or give a credit note but then, I am not sure where I stand legally regarding this matter.

Ok assuming they lost my number and therefore could not contact me. Shouldn't they refund or issue a credit note?

You have no legal standing. You bought an item and ever recovered it, didnt contact them or make alternate arrangements. That's all on you, not them.

If you do a charge back they can dispute it (happens all the time with customers in my job) and they mostly loose it

If it ws sent to the warehouse for painting they would need to contact you when the work had been done?

@slipperywhensparticus it was sent to the warehouse but work hadn't started because I needed to get back to them with the design I want but didn't go back until today.

Lots of poor advice on this thread.

Once the OP had paid for the sideboard it was hers, assuming she paid in full. The Torts (Interference with Goods) Act 1977 therefore applies. The shop was required to follow the procedure laid down in that Act before disposing of the sideboard. As they have not done so, they owe the OP the proceeds of the sale less any costs they incurred in selling it.

I find it surprising that so many people on this thread seem to think it is ok for the shop to take the OP's money for the goods then sell the goods to someone else and refuse to give the OP her money back. Yes, the OP shouldn't have left it so long but that doesn't mean the goods become the shop's again, allowing them to sell the goods a second time and keep the OP's money.

@prh47bridge - this situation would be different to a usual Torts case though, as the shop's obligation to follow procedure ended the moment the sideboard was transferred to the other party. The tradesperson could argue that they were an involuntary Bailee after the short period in which they expected the OP to return. After that time they have no responsibility to try to facilitate the return of the items, look after them or store them.
The tradesperson's return of the item to the shop would have been treated as a separate charity donation. There is no obligation for them to refund any money here.

Maybe they did try to contact the OP to ask when she would be collecting - I would be surprised if they didn't. If I remember correctly, even in a normal Tort situation the items need to be collected within 3 months?

If I was the OP I would hold my hands up to being totally in the wrong here and write the money off as a charity donation.

@Gemma2019 thanks for your post. The warehouse where the sideboard was transported to is also part of the charity shop I bought it from. That is, it is the charity’s own warehouse where they paint/commission work for sale or customers. No one mentioned that they tried to call me yesterday at all.

Ah right - I'm surprised at that as it would usually be a slightly differently named company.

Do you have a receipt with any terms and conditions?

If I remember correctly, even in a normal Tort situation the items need to be collected within 3 months

No. The 3 months applies in a situation when the bailor owes money to the bailee and the payment is due before the bailee serves notice of their intention to sell the goods. It is the minimum notice the bailee must give of their intention to sell.

@indomitable101 - if the warehouse is part of the charity (which is what I assumed) Gemma2019's argument does not apply. Even if it was separate, if they returned it to the charity shop without giving the appropriate notice you have a claim against them.

I'll bow out then pr47bridge as I was assuming that more money would have been owed by the OP for the personalisation of the product. And also visualised that it was similar to the shop near me which is a hospice shop but the warehouse bit is called the design studio or something, so two separate entities.

I hope you are able to sort something out OP

@prh47bridge & @Gemma2019 thank you both for your post. I paid for the sideboard in full (£60) with my debit card. The furniture was taken to their other shop/warehouse where I was to give them a design for the painting job then pay for it. In other words, I have paid for the furniture but hadn't paid for the painting yet. That payment was not due until after the painting was done.

The charity shop would have incurred extra costs - transport to and from the warehouse, handling, storage, administration etc. I agree that they should have called you but if you were having a hard time would you have been able to make a decision re painting etc.?

Is it too late to ask the bank for a charge back on your debit card?

Just checked, debit card charge back needs to be within 120 days, you should speak to the bank

@Hohofortherobbers would the bank not say since I made the payment myself intentionally, it can't be charged back? Or is it different from when one says one does not recognise the particular transaction?