Just saying "Hi"

[MKTony]

Hello all - wow - what a resource this site is.* I do have a specific legal problem that brought me here, but I'll have a trawl through previous posts to see if there's a similar thread existing before starting a new (and possibly duplicate) post.

[Leaf]

Hi Tony -A warm welcome to you Just shout if you need anything at all.

[MKTony]

OK...I've been through much of this forum and can't find an answer to my query.

Long story, short(ish)!

Three years ago I bought a piece of heavy machinery to cut the grass on an area of meadow I have as part of my garden (it's called a flail mower).* It is a self-powered unit that gets towed on the back of a quad bike, is very cumbersome and weighs about a quarter of a tonne.

After six uses, the machine developed cracks and I contacted the seller to either make repairs, replace or refund.* He refused to do any of these and after mediation attempts ADR, etc., we went through the small claims procedure.* The case was found in my favour and I was awarded a full refund with costs (October 2019).

The seller settled the money side of things in December 2019 and asked when he could collect the machine.* Not a problem as it's not much good to me, so I told him he can come any time he likes, but he would have to make provision to lift the machine from the secure spot where it has been stored for the past two years (since the fault developed).* I suggested a lorry with a crane attachment (hi-ab) would do the trick.* The seller is situated about 200 miles from where the faulty machine is kept, by the way.

The seller is now saying that he wants me to partially dismantle the machine and load it onto the pallet on which it was delivered (three years ago remember!) and move the whole lot to the garden gate for easier collection. I have no means of moving this machine as the quad bike I bought to two the machine now doesn't work due to the fact it hasn't been used for two years!!

A couple of weeks ago I got fed up with waiting for the seller to arrange collection, so said that if he didn't collect by a certain date, I would arrange for a local scrap dealer to remove the mower.* He's threatening all sorts of legal action and accusing me of "hiding" the mower in an inaccesible area and of playing "sick games"!

My questions....

* -* Do I have to partially dimantle the machine for him?
* -* Do I have to put the machine on a pallet?
* -* Do I have to move the machine from where it is currently secrely stored (remember it is accesible with the correct equipment)?
* -* Can I charge him storage if he doesn't collect (assuming all of the above questions are in "my favour")?
* -* I'm concerned that with the attitude of the seller that once the mower is returned to him that he'll come back to me about condition.* It has been stored outside covered with two sheets of tarpaulin.* Inevitably, though, damp will have got to the metal parts and rust may have developed - I haven't checked, but this is just an example. Will he have any come back on this?*

Apologies for rambling and sincere thanks for any guidance.

[MKTony]

Not sure if I've put this in the correct forum or if it's just so tedious no-ones able to help!!

Would someone please point me in the right direction?

Thanks again!