Is there a time limit for builder to collect faulty/rejected goods?

[BLUETREEGREENTREE]

All
Great website - I've tried to find a similar case on here without success.

In summary - had windows and doors replaced by local firm. Doors okay as these were composite. The windows however were wooden and have a number of defects and need to be replaced entirely. In the meantime we had to pay up whilst we were getting expert opinions and a report. All been rumbling on with maximum inconvenience and hassle. Forced to issue small claim proceedings against the firm, however, in the meantime we had to get the windows replaced as winter coming! We wrote and told the firm to come and collect the windows we've rejected but they've not responded. They know we don't have anywhere to store them so it's just another tactic by them to cause us maximum inconvenience. It will be weeks before this goes to court and we've nowhere to store [all friends in similar small house/garden situation!]

Q1. Is there a time limit - can I write to the firm and say 'if you don't collect within x days then I will arrange for their disposal' [don't want to do that as obviously they may be able to salvage some things [weights, furniture] etc. not least because it's a waste]
or
Q2. Can I write and advise that I'm placing them in storage and they will be liable for costs? And would this only apply if we won the case?

Many thanks
PM

[flipflopphill]

Re: Is there a time limit for builder to collect faulty/rejected goods?

Hello.

Not an expert, but I did do a lot of research into this when we had similar situation with some defective flooring.

Not great news I'm afraid.

I concluded that if there were financial issues outstanding then you cannot dispose of them, and worse still you have a duty of reasonable care. I would suggest a plastic sheet over them in your case. Take a picture!

Once the outstanding financial dispute has been resolved, then you may issue a formal notice to the owner that the goods will be disposed of in 'reasonable time' 28 days? if they are not collected.

It gets worse... If you sell them, on eBay for example, you have to keep the money for them, minus reasonable handling fees.

Though you're entitled to let them go for any price by eBay auction. If a pound is all they fetch, then thats the market value!

Here is a copy and paste from another site that broadly concurs with what I concluded, except it deals with it from another angle ( a tradesman who has a customers goods) I believe the same principle apply:

• The Torts (Interference with Goods) Act 1977 provisions apply any time after the goods are ready for collection, subject to any terms imposed at the time the goods were left with you for repair.
  
  If you are in possession of a customer's goods and he/she is under an obligation to collect them (e.g. because you have repaired the goods for the customer), you are entitled to sell the goods if they remain uncollected and are not otherwise the subject of a dispute. Before doing so, you must satisfy two conditions:
  
  1. You must first send the owner of the goods written notice of:
• their obligation to collect the goods;
• details of the goods to be collected and the address at which they are held;
• your name and address;
• details of any sum of money owing in respect of the goods at the time the notice is sent (e.g. repair charges, storage costs).
  
  This notice may be delivered direct to the owner, left at his proper address or posted to it. The 'proper address' means:
• in the case of a limited or public limited company, the registered office or principal office;
• in any other case, the last known address of the owner.
  
  2. If the notice does not result in collection of the goods, you must send the owner, by recorded delivery post or registered letter:
• the same information as in the notice above, plus
• notice of your intention to sell the goods if they remain uncollected, and the date of the intended sale.
  
  The period between the issue of the second notice and the date of intended sale must be reasonably sufficient for the owner to reclaim the goods. If any money is owed to you, this period must be at least three months.
  
  If the owner still does not collect the goods by the date stated in your second notice, you can sell them. You must give the proceeds of the sale to the owner of the goods, but you are entitled to keep any money owed to you, including the cost of the sale (e.g. advertising).
  
  If the owner of the goods is not at the proper address, you can still go ahead with the sale after you have taken reasonable, unsuccessful, steps to trace him/her.

This law really needs changing.

[des8]

Re: Is there a time limit for builder to collect faulty/rejected goods?

Refer to Consumer Rights Act 2015 20 (7) & (8), from which you will see that the trader has to bear the cost of the return of the faulty goods.
So if you don;t want to be an involuntary bailee, you could arrange for the windows to be taken back to the trader's premises and add the cost to your claim.
If you know someone with a van so much the better!

[flipflopphill]

Re: Is there a time limit for builder to collect faulty/rejected goods?

That's a very useful link. But my worry would be that the goods haven't yet been deemed defective in court.

Though I guess if you were to drop them on their premises like you suggest, then the ball is in their court! (photos as evidence of course!)

Wish I could do that, but my supplier is several hundred miles away. Sad face.

[des8]

Re: Is there a time limit for builder to collect faulty/rejected goods?

Several hundred miles away??? post 1 refers to local firm???

[flipflopphill]

Re: Is there a time limit for builder to collect faulty/rejected goods?

Confusion: The OP's supplier is local. I was relating to my experience that triggered my research into the subject. My supplier was 100's of miles away.

I see that the OP and I have the same avatar.

[des8]

Re: Is there a time limit for builder to collect faulty/rejected goods?

Just me not paying attention! , old age and should be in bed with my cocoa

In response to the comment, the goods do not have to be deemed defective in court.
They are faulty and have been rejected. In the first 30 days they go back, and if you have third party report from a professional there should be no problem

In the next 5 months if faulty, goods are deemed faulty at time of purchase and the trader has to show they were sound.
Trader must be given one chance to repair/replace faulty goods.
If fails or declines goods rejected and returned.

[flipflopphill]

Re: Is there a time limit for builder to collect faulty/rejected goods?

"if you have third party report from a professional there should be no problem"

Yes of course. That should do the trick!