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?

@CheddarGorgeous yes, I would have been able to arrange for it to be picked up from the warehouse even if I couldn't make a decision about the design. But, I never got a call from the shop to give me a deadline before it was sold off. I was not storing it there as I have more than enough space to keep it at home.

No, it's a discretionary thing offered by the banks to protect you. If you haven't received items or service you paid for you can claim it back, like section 75 when using a credit card. Google charge back on moneysavingexpert. You have a good chance within 120 days

I have called Lloyds bank and they have refunded but said they will have to contact the shop and they might have to take the money back from my account of the shop proves otherwise 🙄🤦🏽‍♀️. I called the shop today but was told the manager wasn't their and I asked to speak to someone more serious but the person would tell me 🤷🏽‍♀️

As they have not done so, they owe the OP the proceeds of the sale less any costs they incurred in selling it.

This is the issue though. It appears they may be charging op storage.

£60 minus, transport and selling costs, minus storage until the point it went back to store could leave OP with refund due.

It depends on the detail.

That's a good result. I'd stop calling the shop now if I was you. Leave it to the bank and just save the money for now till you hear otherwise from the bank. Its up to the bank to argue this now, not you.

Unless a storage charge was agreed at the time they can't charge for storage. An involuntary bailee has no general right to recover the costs of storing unwanted goods. Storage charges can only be created by contract - Kolfor Plant Hire Limited v Tilbury Plant Hire Limited

@GilchristQ if I recall correctly, there was nothing on the receipt that states or gives details about collection of items etc. Even if it does, shouldn't they have Contacted me before selling off? Also, couldn't it be argued the furniture was not there at their paint shop for storage but for work to be done on it. Yes, it took me a long time to go back to give the painter the design I want.

@Hohofortherobbers thanks. Not going to the shop or calling would be a tough one for me as I need to point out to the manager that she was rude and that their receipt did not state anything about the collection period, ask y I was not called before it was sold.

Perhaps you could email the charity's head of commerce, outlining your issues (rude staff and lack of phone call to say they were selling the item) and then leave it with them and the bank to resolve?

More visits or calls to the shop will likely not make you feel better, but an email will give you the satisfaction of having 'said your piece'.

Unless a storage charge was agreed at the time they can't charge for storage.

That's why I said it depends in details!

Op if it didnt have something about storage on there, you maybe ok.

Hope you get it sorted

Definitely do not contact the shop again - remember your bank will be contacting them to verify your story to see if they can claw the refund back from you.

Also please bear in mind that these shops are often staffed by volunteers who may not have the retail training or experience to deal with unexpected situations, and are just trying to help out the charity.

@Gemma2019 thanks, I completely understand what you mean but the manager is not a volunteer but a paid staff.