Rejecting goods: time limit for collection.

[BLUETREEGREENTREE]

Sorry - I have posted this elsewhere but wondering if it's in the right place so have re-posted here again as a question.
thanks

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

[des8]

Re: Rejecting goods: time limit for collection.

Hi and welcome

You'll probably get the best response if youwrite(Signed for) and tell them you require the windows collected within X number of days.
Failure to collect them will leave you to assume they have beenn abandoned and you intend to dispose of them without further notice.
This will be via auction, and you will deduct from any proceeds your costs involved, including storage charges of £5 per day from day they receive your letter.

You may find they don't actually want the windows back!.
If they are nonstandard, or damaged the cost of recycling them is not worthwhile.

[BLUETREEGREENTREE]

Re: Rejecting goods: time limit for collection.

Hi and welcome

You'll probably get the best response if youwrite(Signed for) and tell them you require the windows collected within X number of days.
Failure to collect them will leave you to assume they have beenn abandoned and you intend to dispose of them without further notice.
This will be via auction, and you will deduct from any proceeds your costs involved, including storage charges of £5 per day from day they receive your letter.

You may find they don't actually want the windows back!.
If they are nonstandard, or damaged the cost of recycling them is not worthwhile.

Hi des8
Thanks very much for your response. It seems they don't want them back so I will write again quoting x days. Pity as they could salvage some bits and bobs from them and indeed may be able to re-use the windows if they put a lot of work into them to put them right! A lot of work that is - so thinking about what you've just written - yes I guess they realise that they're so bad they're not going to be able to pass them off anywhere else etc. so it's not worth their time.
Anyway - I will write to give them one last time.
Thanks

[BLUETREEGREENTREE]

Re: Rejecting goods: time limit for collection.

Morning - thanks to all for previous advice which resulted in collection of faulty windows/doors, however, they are refusing a full refund as they claim the items [having been removed] are not in a reasonable condition. Does anyone have a legal definition of what constitutes 'reasonable condition' in such circumstances? Looks like court after all as not prepared to accept partial refund given I've rejected their workmanship as been assessed as 'not fit for purpose'.
many thanks

[des8]

Re: Rejecting goods: time limit for collection.

Is this company for real?
If the goods were installed and then found to be faulty/not satisfactory/ not fit for purpose or whatever, they have to be removed.
If removal entails damage, unavoidable or accidental, that's tough on the supplier of the originally defective goods.
As an involuntary bailee of the goods once they have been rejected your responsibility is limited to not deliberately or recklessly damaging or destroying them.

I thought from your first post you had already commenced legal action against this outfit?

[BLUETREEGREENTREE]

Re: Rejecting goods: time limit for collection.

Hi Des
Thanks for your response. Was on the very point of issue when they came back and said that as their windows were now available for collection they would refund in full providing the goods were returned in a reasonable condition, whilst acknowledging the difficulties involved in such a removal! I'm not sure what they expected us to do with their windows after we had them removed and replaced! We obviously wouldn't want to keep them!

We consider they were in a reasonable condition although one window was slightly damaged during removal [due to the defects involved!] but they are now saying it's unrepairable! Which is not the case. And on this basis they won't refund payment on this window but they said they will on the others. We are just sick of this by now, we have had months of inconvenience and hassle and are having to get our new windows [which actually look good and work!] painted now in this weather - so not ideal.

I guess they are going to say that the new contractor deliberately damaged this one window during removal which is nonsense. I suspected they would do something like this as refunding some money rather than none at all will probably make the court view them more reasonably. I will go back to them using some of your wording and take it from there.
Thanks again

[BLUETREEGREENTREE]

Re: Rejecting goods: time limit for collection.

Update - they now want to deduct £300 from the refund due to the damage caused during removal. Any thoughts on whether to accept or not?
I'm already out of pocket putting right the other mess they made etc. about £400 not to mention all the stress and inconvenience and if I went to court I'd be able to claim all the costs etc. but wonder if the court would think I'm being unreasonable by not accepting their offer? Grateful for any advice.
Thanks

[des8]

Re: Rejecting goods: time limit for collection.

If I was you...... I would decline their offer and demand they pay the full amount owing.
Tell them that if they don't you will initiate court action for £x amount.
Itemise £x amount showing all your costs and expenses putting right their failure.

The court will not consider a rejection of an offer below purchase price and your costs as being unreasonable

[BLUETREEGREENTREE]

Re: Rejecting goods: time limit for collection.

Hi Des
Many thanks for your swift response. I will do as you suggest.

regards

[BLUETREEGREENTREE]

Re: Rejecting goods: time limit for collection.

If I was you...... I would decline their offer and demand they pay the full amount owing.
Tell them that if they don't you will initiate court action for £x amount.
Itemise £x amount showing all your costs and expenses putting right their failure.

The court will not consider a rejection of an offer below purchase price and your costs as being unreasonable

Dear Des
Update - thanks to you and everyone else for their advice. I have now settled out of court - after a somewhat drawn out process! Anyway I am relieved it is all over and grateful to this site for the advice and support. Many thanks. Merry Christmas.
masroll::santa2:

[des8]

Re: Rejecting goods: time limit for collection.

Pleased to hear you came to an acceptable settlement before Christmas.
Thanks for the update
Seasons greetings