Returning of damaged goods

[Bomber99]

Hi all
I brought a set of ladders on line. When the ladders arrived they were damaged. The company sent out a replacement set. Now this is where the problem starts.
The company and I have been trying to arrange the collection and return of the damaged ladders. They can only give me a time slot of between 8am - 6pm Monday to Friday. These periods of times are not available to me because of work commitments. I have offered them to collect after 3pm on a week day or a Saturday or Sunday. I also offered them to give me a 1 hour time slot on any week day. All these offers have been refused and they are demanding that someone is available between the hours of 8am and 6pm for collection to take place.
My argument is why should I lose a days wage when I did not cause the damage to the ladders in the first instance.
Am I wrong in thinking they should arrange collection around the times I have offered.

I offered to leave the ladders in my garden (which is not secured) but they said I would be responsible for them if the were to be stolen.
I have asked neighbours if the company could collect ladders from there’s but unfortunately no one wants to be sat around with a set of ladders in there houses until they are picked up which is understandable.

Anyway the company have informed me if I do not agree for collection one day next week under there terms they will charge me for the second set of ladders.

where do I stand legally on this issue
many thanks for your thoughts and advice on this issue

Bomber99

[des8]

Well you don't pay for the second set
Instruct the card payer (your bank if you used a debit card) to refuse any future requests for payment from the retailer.
Confirm instructions in writing and keep copy of letter.

Under the terms of Consumer Rights Act 2015 the cost of returning unsatisfactory goods is entirely down to the trader.
You as consumer have to make the goods available, which you have done.
The right to replacement (sec 23 (2) (a) [which will include collection of unsatisfactory goods] must be " without significant inconvenience to the consumer"
Of course if they wish to pay you a days wages as part of their costs I suppose you would not be adverse to a day off work!

[efpom]

https://www.legislation.gov.uk/ukpga...ion/20/enacted

See 8

As you have rejected the goods, the trader owns the goods. You have temporary possession of the goods, and are required to take reasonable care of the goods pending collection of the goods by the trader - collection must occur as soon as is reasonably practicable and if the goods are not so collected you would be entitled to treat the goods as abandoned.

The costs of collection are the trader's and you are not required to suffer any consequential loss because the trader seeks to impose special conditions for collection.

Your duty is to make the goods available for collection.

So, I suggest you write to the trader saying you are prepared to make the goods available for collection on X day(s) and Y time(s) and traw its attention to the legislation.

If the trader requests you make the goods available for collection at any other days or times which requires that you be available for the whole of your working day, and you agree to that, a condition of that agreement is that the trader is required to pay you for your loss of a days pay and do so in advance.

The trader does not have any right to make you pay for goods that you rejected, or seek to do so on the ground that you failed to comply with his demand that you make the goods available at days and times that he demanded..

[Bomber99]

Thank you for your responses
i will contact the seller with the armed info and keep you all updated

[Bomber99]

Hi
just a update
had several emails and still the trader is saying I have to make the ladders available for collection between 8am and 6pm Monday to Friday.
I have offered available times I am at home to hand over the goods as 3pm to 10pm Monday to Friday or all day Saturday or a Sunday due to my work commitments. They have dismissed these times as they say there courier needs the 8am to 6pm to accommodate collection.
They are not prepared to pay for lose of earnings.
So as I understand, if they do not collect there goods within a reasonable time I can class the goods as abandoned.
How long would a reasonable time be.? Should I contact the trader and say if they do not collect there goods say in 14 days I will dispose of the goods? and perhaps charge them for this service.?

your thoughts are much appreciated

[des8]

Well just tell them that if they are not prepared to act in accordance with the statute, you will , if the goods are not collected within one month, ie by 15.07.2021 sell the goods as per the Torts ( Interference with goods) act 1977.
Any money you make (less your expenses) must be kept for the owner

To that end your letter (sent by registered post) should include the details specified in Schedule 1 part II of the act

[Bomber99]

Hi des8
Thanks for your reply.

I was looking at the advice given, (if the trader does not collect the ladders I would be able to class them as abandoned.)
I would not be looking to sell the ladders because of the damage to them, but would be looking at taking them to my local dump and charging the trader to do this. Say the cost of fuel.
just wondering if I would be able to class them as abandoned and in what time frame

[des8]

The law relating to uncollected goods is covered by the Torts (Interference with Goods) Act 1977
It requires you attempt to sell them at the best price possible... if that is nil so be it.
Advertise them on a public auction site (eBay?) or social media site such as Gumtree.
If you dispose of them without being able to evidence your attempt to sell you lay yourself open to a court claim.

You deem them valueless, yet the trader appears to require their return so presumably they have value to them

[Bomber99]

Hi DES8
many thanks again for your advice.

I am looking at all angles to get the trader to collect them at a time and day that suits me and does not cost me in lost wages. I have given them ample times and dates but they are still demanding the ladders are made available for collection with a full 10hr period on a day of my choosing Monday-Friday but this would me losing a days work. Under the consumer’s right act I believe I am entitled to a days wage if I agree to there conditions for collection.

To try and force them to accept a collection on a date or time that suits me could I say if the ladders are not collected in 7 days I will start to charge them storage on a daily basis say for £1.50. Could I have any legal rights to do this.

The problem I have is keeping these ladders in a safe place till they are collected (which I believe I must do) but the only safe place is to keep them in my hallway.
I have informed the trader of this predicament but they have no concerns regarding this.

If I was to lose a days wage to allow them to collect on there terms it would more than double the price that the ladders originally cost.

[des8]

You have no legal right to start charging storage.

Legislation is clear:
- cost of returning unsatisfactory goods is entirely down to the trader.
-collection of unsatisfactory goods] must be " without significant inconvenience to the consumer"
-legislation re uncollected goods is covered by the Torts (Interference with Goods) Act 1977
-you only have to take reasonable care of the goods, i.e. not be negligent. Do you not have any outside space in which to store the item.

tell them (in writing registered post) if they don't collect they will be sold, and if no purchaser comes forward you will dispose of them and invoice them for your costs

[echat11]

Depending on how you paid for them, Credit / Debit Card, you could see what your card provider has to say on the matter.They might be able to offer a resolution.

[Bomber99]

Just an update.
After the great advice from DES8 and quoting much of his advice to the trader, the trader has agreed for me to leave the ladders in an unsecured place for collection and they will be taking full responsibility for them.
keep up the good work DES8 and friends
You have helped to save me £’s in lost wages

[des8]

a sensible result.
Thanks for the update