Ducati Sporting Club UK > General > Idle Chat > Consumer legal advice needed

[David Cook]

Can anyone offer any advice on the following issue?

One of my sons bought a dining room suite from Debenhams some weeks ago. To cut a long story short, it didn't suit them so they asked the retailer to collect it and refund the money. Despite being told that they would collect it within 21 days it's still sitting in their house. Their money has been refunded though!

He's phoned them 5 times but they have not given him a collection date because they need to speak to the supplier.

He's thinking of writing to Debenhams and telling them that if they don't collect it within say, 7 days he's going to put it in the garden and no longer accept responsibility for it.

He's tried to contact the CAB but the lines permanently engaged.

What do you think?

[NBs996]

Not 100% sure if it applies, since it seems the cancellation of agreement is an act of good faith by Debenhams (assuming they inspected identical items in the showroom before agreeing to buy), but there is a time limitation for collection of rejected goods (I think it's 30 days). During this time you're required to take good care of the goods i.e. not leave them out in the garden!

I reckon this does apply since the agreement to cancel would certainly form part of the contract of sale. I can't find anything confirming that 30 day period tho... will have a look through my books and try'n find something more, but I'd say the stuff should be kept in good nick.

Don't s'pose there's any way he can take it back to the shop and leave it in their delivery bay with a witness to say he's done so?

[Mr C]

Originally posted by David Cook

21 days it's still sitting in their house. Their money has been refunded though!


What do you think?

If it was me I think I could see it on ebay Hee hee

[antonye]

From the CAB online:

Uncollected or abandoned goods

A person may leave goods which belong to them with someone else and appear to have abandoned them. Examples include:-

scaffolding or other equipment left by builders on site
books or records left with friends
uncollected goods left at a shop for repair
uncollected goods left by a tenant in a landlord’s property
goods ordered and received but then rejected or not paid for,
and the seller has failed to collect them
unsolicited goods sent through the post

For information about dealing with unsolicited goods, see Problems with goods.

If you have uncollected or abandoned goods, you have a duty to look after them, but cannot use them or treat them as your own. You will be liable for any damage caused to the goods while they are in your care.

Goods that are dangerous, for example, a leaking fridge, should not be abandoned. Someone who abandons goods may be prosecuted.

If you are in possession of another person’s goods you can sell them if they remain uncollected, as long as:-

the original owner is responsible for collecting the goods. The goods cannot be sold if it is the finder’s responsibility to return them; and
any money received from the sale is returned to the original owner or, if this is not possible, kept on account for them. The owner only loses their right to the money after six years; and
the finder follows the correct procedure.

Link here:
http://www.adviceguide.org.uk/index/...bandoned_goods

[antonye]

...and then....

Procedure for obtaining the right to sell


If the finder wants to sell the goods they must take reasonable steps to trace the original owner if they, or their whereabouts, is unknown. This depends on the circumstances, but might include placing advertisements in local newspapers, notices on local community notice boards or contacting a trade association if the owner has a business.



If the finder has taken reasonable steps to trace the owner, but without success, they can sell the goods. It is worth keeping a note of what the finder did to trace the owner.



If the finder traces the original owner they must give the owner reasonable time to collect the goods. If the owner of the goods owes the finder money, for example, for repair to the goods, this time period should be at least three months.



If the original owner does not collect the goods within the time given, the finder can only sell the goods after they have sent the owner two formal notices. They can:-


send or deliver the first notice, followed later by the second one; or
send both notices together by recorded delivery or registered post.

The finder must give the owner of the goods, either personally or by post, a first written notice stating:-


that the owner is responsible for collecting the goods
the details of the goods and where they are
the finder’s name and address
how much money is owed, if any, for the goods when the notice is sent, for example, the repair cost or reasonable storage charges.

The finder must send the owner of the goods, by recorded delivery or registered post, a second written notice stating:-


that they intend to sell the goods if they are not collected by a date given in the notice
the details of the goods and where they are
the finder’s name and address
how much money is owed, if any, for the goods, when the notice is sent.

What happens if the owner does not collect the goods


If the owner does not collect the goods by the date given in the notice, and the finder is sure that the goods belong to the person who has been sent the notices, then they may keep the goods or sell them. If the goods are sold they will then legally belong to the purchaser.



If the goods are a car the finder must complete a form for change of possession (Form B62) which they can get from a post office, before selling the car.



What happens to the money from the sale


If you are the person selling the goods, you must be able to show the original owner that the sale was handled properly to get a fair price for the goods. Apart from the expenses of selling the goods, for example, storage charges or auction fees, the original owner must be given the money from the sale if their address is known. If the goods had been left for repair and were then not collected, the cost of the repair work can also be deducted. If not, the money must be kept for the original owner. However, after six years the owner cannot claim, or sue, for the money.

[antonye]

So, in summary, it looks like you can send them two formal notices telling them to collect it within a "reasonable amount of time".

Send one letter now by recorded delivery, telling them to collect it within 28 days and that you will be charging £20 per week (or part thereof) storage, and goods will not be released until the full amount of storage costs has been paid. Remind them that they've had two week's grace so far, and storage is now being charged.

If it still hasn't gone after 28 days, send another telling them to collect with 5 working days or it's being sold to recoup the cost of storage, plus your costs of selling which may amount to more than the item is worth, then you will call in the bayliffs to recover the money owed....

That should get it shifted

[David Cook]

Thanks everyone and especially you Antony - pheww!!