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Courier holding my windows hostage!

5 replies

LeastOriginalUsername · 04/05/2018 11:35

Looking for some advice ...
We bought a replacement window from an online company earlier this year. Service was good, so when we needed another two windows for a new project we ordered from the same company, paying upfront with debit card. I got a call from the company earlier this week confirming the windows had been despatched to their courier and they would be in touch within a day or so to arrange delivery. So far, so good. No call from courier so I called them yesterday when they told me the supplier is looking like going out of business so they won't deliver my windows for 'free' (I've already paid £45 delivery) as they're owed money from supplier. They offer to deliver them if I pay delivery direct, £40. I wanted time to think about this and called the courier back today to reluctantly pay the £40 to get my windows. However, I am now told that this is not an option; the windows are being held for resale by the courier to recoup the costs they are owed by the supplier! I fully appreciate that the position the courier has been put in by the supplier, but that isn't my problem. Needless to say the supplier is not answering calls. Not sure if relevant but the windows are bespoke sizes which I don't think would easily resell anyway. The windows aren't expensive, around £300 in total so I don't think it's cost effective to use solicitor etc. Any ideas how to pursue this?

OP posts:
AllyMcBeagle · 05/05/2018 19:46

Are you able to find the terms and conditions for the window company (they might be on their website if they have not included them in an email)? If so, does it say anything about when you own the windows? eg 'You own the Goods once We have received payment in full for them.'

IMO if your contract with the window company says that ownership has already transferred to you then by selling the windows the couriers could be liable to you under the tort of conversion if they sell them (this basically means that you could sue them if they do something which involves treating the windows as if they were their own - eg selling them without your permission).

I'm not sure about the delivery issue though. You might have to pay the couriers for delivery and then try and get that money back from the window sellers or look into what Protection there is for debit card payments (debit cards are not an area of law I'm familiar with I'm afraid!). I understand you're willing to pay the delivery costs if necessary anyway.

Are the couriers still answering calls even if the seller is not?

AllyMcBeagle · 05/05/2018 19:51

I have assumed you're in England or Wales btw (I have no clue about Scottish law etc).

cantstandup · 05/05/2018 19:58

Stop contacting the courier and speak to the window company

cantstandup · 05/05/2018 19:59

Sorry - just reread and seen that you have said they aren't answering. Did you use a credit card to buy them?

SoupDragon · 05/05/2018 20:00

Did you pay by credit card?

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