Return of goods - please advise!

[echat11]

Ultimately UPS is responsible for the 'situation'. They collected the 'product', there must of been a 'forwarding' address at the 'time of collection'.

How did UPS return the 'product'?

[des8]

As the carrier (ups) were acting as the trader's agent IMO there is an argument to be made that you complied fully with
your duty to make the goods available for collection. Once in the hands of the agent it is as if they are in the hands of the principal.
If t those goods are then returned to the customer unsolicited, and the trader then makes a demand for payment he is guilty of an offence. If he then makes a threat of court action he makes yet a further offence.
Unsolicited goods And services Act 1971makes no mention of a trader's mistake as being a defence

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state that you can keep unsolicited goods

[green_sky]

Thank you for everyones help with this, your advice was deeply appreciated. My final email was sent to the trader in Jan 22 briefly summarising that they failed to re-collect the items many times, and I wouldn't be communicating with them about the matter any longer as per Des-8 points regarding harassment.

So, everything went quiet shortly after this. Then today I received an email with a letter attached from a solicitor in the UK. The letter states that unless I pay xxx amount (cost of items, interest, collection costs, legal costs) by a certain time and date (approx 2 weeks), court proceedings will proceed with no further warnings, with threats of more legal fees added etc.

Sorry to ask again, but does any have any suggestions as to what I should do next?

[des8]

Could you please post up a copy of that letter?

[atticus]

notify the solicitors of the history, say you will not be paying, and say that the goods are available for collection if they will kindly contact you to arrange a convenient time.

[des8]

notify the solicitors of the history, say you will not be paying, and say that the goods are available for collection if they will kindly contact you to arrange a convenient time.

The goods have already been disposed off, and the supplier notified this has happened due to their non collection

[green_sky]

Could you please post up a copy of that letter?

We refer to the above and confirm that we act for XXX

We are advised by our client that you have placed an order for goods and on receipt of the goods have obtained a refund for your order, but have failed to return the goods ordered. We are advised by our client that you have disposed of the goods delivered.

Despite our clients repeated requests for payment no payment has been received. Our client has instructed its collection agents XXX to recover the sums owed and again no payment has been received.

Pursuant to Article 15 of our clients General Terms & Conditions, which you entered into on placing an order with our client. Our client is entitled to charge you collection costs as a result of you failing to meet your payment obligations to our client. Our client therefore demands the following:

1. Outstanding debt: £2,734.10
2. Contractual Collection Costs: £398.41
3. Interest: £325.99
4. Legal Costs: £100.00

Total: £3,558.50

My client puts you on notice that unless payment of £3,558.50 is received by XXX that our client will proceed to issue court proceedings against you, without further notice or warning. Should court proceedings be issued you will become liable for further costs and interest.

Payment should be made to this firm to our client account as follows: XXX

[atticus]

Can the OP please repeat when and how he disposed of the goods, including details of any notifications given in advance of doing so.

[des8]

I understand you disposed of these items in December 2021 after notifying the seller of your intention in November.
This was due to their failure to arrange collection of these packages which had been delivered back to you after you had them collected for return by UPS.
The return was arranged by the seller, so UPS were their agents.

As I posted previously I think that gives you two arguments you can make
1) these were unsolicited goods as you had returned them to their agents in accordance with their instructions, and have therefore disposed of them as is your right, or failing that
2) you were an involuntary bailee, and disposed of them.
In disposing of them you should try and obtain market value. Any monies obtained ( less your expenses) belongs to the original seller

At this stage I would follow atticus advice and write a simple letter disputing the claim and describing the steps you have taken.

The threat about further legal costs is empty as if this case ever reached court it would be put on the small claims track where costs are extremely limited.
In fact it is possible that the seller does not intend to initiate court action as they would need to instruct solicitors. Their costs would probably exceed any recovery they could make if you should lose

[atticus]

the delivery company was at best a contractor, not an agent.

I am concerned about the adequacy of the notice given before disposal. What was the manner of disposal?

Is the OP certain that the inadequacies of the customs documentation were not down to him?

[des8]

A link to the company general terms and conditions might help

[HariSeldon]

1) these were unsolicited goods as you had returned them to their agents in accordance with their instructions

That's a really bad idea as these were not unsolicited goods; the legislation you refer to is categorically clear that unsolicited goods are ones "sent without any prior request made by him or on his behalf".