Company won't collect damaged item

DrPhil

Distinguished Member
How long do I need to keep pestering a company to collect their damaged stock before I can just keep it and do as I please with it?

I bought a set of alloy wheels a few months back. They arrived OK but 2 of the 4 had a slightly different finish to the metal, so I would have returned them anyway, but also 2 of them were really badly damaged and as a result had scuffs. They basically came pre-kerbed!

So I contacted the company to replace, they were out of stock so I bought 4 more in a different style, that's the car sorted.

However getting the wheels returned has been a joke. They need to go from Ireland back to Germany. They initially sent the same DHL guy back, but they gave me no collection details, barcodes etc. So he couldn't take them. Then they asked if I would mind disposing of the 2 damaged wheels to save them the cost of collecting. I said yes (figured I'd keep one as a spare wheel and sell the other for the same purpose).

Thwn they faffed around for 2 weeks and came back to ask if I would organise the return shipping and they would refund me for the wheels plus shipping. Not a chance was my reply.

I asked a few more times for them to organise the collection, and eventually they gave me the full refund and I haven't heard from them now in over a month.

So my question is, can I just sell the full set now (obviously at a reduced rate due to the damage)? Or is there a risk that they'll come back down the line and ask for the 2 remaining wheels?

Yes I've received a full refund so have no right to keep them, but I've been banging my ehad off the wall trying to get them sent back to no avail so if I can now flog them and get a few hundred quid compensation for my time I'll not say no.

I seem to remember hearing that you only need to give a company a set length of time to collect the goods and then you can keep them. Or maybe that was related to goods that were delivered but you didn't order/request them.
 

Ilovewaffles

Well-known Member
Don’t know, I hope you get answers, but seeing how many members ask for advice on General chat, wouldn’t it be useful to have a separate Advice forum? ( as well as a Radio forum, my request for which has sunk without trace!)
 

rousetafarian

Moderator
Don’t know, I hope you get answers, but seeing how many members ask for advice on General chat, wouldn’t it be useful to have a separate Advice forum? ( as well as a Radio forum, my request for which has sunk without trace!)
Your request is under review.
 

Desmo

Distinguished Member
Don’t know, I hope you get answers, but seeing how many members ask for advice on General chat, wouldn’t it be useful to have a separate Advice forum? ( as well as a Radio forum, my request for which has sunk without trace!)
Yeah....another sub forum for people not to bother visiting. Imagine the amount of help you'll receive :D
 

wiz

Distinguished Member
Just write to them and put them on notice that unless you hear from them in X days you will dispose of them
 

DrPhil

Distinguished Member
I could do that of course, but I was hoping that there was a cut off time by which I could just keep them by default.

If I contact them and give notice of pending disposal, they might make the effort to collect them!
 

Steven

Senior Moderator
By requesting a full refund you exercised your statutory right to cancel the contract. Paying a refund is almost certainly not gifting the items to you ☺️

If you purchased from a UK retailer the governing law in the contract will likely be the Consumer Rights Act 2015

If you purchased from an online UK retailer, the Consumer Contracts Regulations 2013 apply in addition

If you purchased from an EU based retailer the applicable law for the EU member state will likely be the same (as all EU member states had to implement the same Directive). The contract will state what law applies

Yes, return the defective goods unless you get told otherwise in writing 😎
 

Kapkirk

Active Member
Since they asked you to arrange to send them back I assume they still want at least 2 of the wheels back.
I would inform them once more that you are willing to send them back if they arrange collection and courier costs and that they have 28 days (because of the distance) to do this or the goods will be disposed of. After that date I would say that you have made every reasonable effort to return them (and allow for their collection) and (without further loss to you) Keep all the correspondence. should there be any future disputes from them to charge you for them.
 

Carbon 60

Active Member
Did you buy the wheels online? Is the retailer in Ireland or Germany? Please give us a link to the retailer so we can see what their policy is on returns.
 

DrPhil

Distinguished Member
Just logged into my account to check, and the order is now marked as cancelled.

Screenshot_20211217-094710_Chrome.jpg
 

Dony

Distinguished Member
Without looking through all the T&C's on their website, would it be possible to arrange collection or even drop off yourself to one of their designated garages?
 

DPinBucks

Distinguished Member
It's slightly different to a normal consumer issue because in fact you've had decent service recovery and have ended up satisfied. It's just that the seller has not yet completed his part of the sale.

The wheels are not yours, so you can't just keep them by default. Within reason, you have to take care of them until collected.

In the UK (and I assume the EU is not that much different, even now), you have to put them on reasonable notice to collect the goods, after which you should tell them that you will dispose of them in order to defray your costs (which would include storage of the wheels, plus expenses plus compensation for your time and effort).

But you must give them reasonable time, under formal notice, to collect them. I would think that 28 days, as mentioned above, would be OK.

Looking at the T&Cs on their website, it turns out that the whole thing is subject to Andorran laws, not the EU.

If this were the UK, then all your dealings should be with the seller, because that's who you bought them from and they carry full responsibility. However, the RoI consumer laws might be different, so you need to check on that.

PS. I've looked here, and it all seems very similar, perhaps identical, to UK law:

Your rights as a consumer in Ireland

How this would interact with Andorran laws, I have no idea.

If I were you, I'd simply notify them as above then act accordingly. You might also like to find a legal chatline or consult the Irish equivalent of Citizen's Advice, if there is such a thing. The golden rule, I think, is don't do anything too hastily, and give them lots of notice. Emails with read-response should be OK
 

DrPhil

Distinguished Member
It's slightly different to a normal consumer issue because in fact you've had decent service recovery and have ended up satisfied.
Not sure I'd call it decent service. Too long for delivery, 2/4 damaged and 4/4 unacceptable, failure to collect in anything like a recent time frame, up to a week between messages on their help desk.

That said, the rest of your post is very useful, thanks. I'll send them a message asking if they intend to collect the remaining wheels or if they would like me to just "dispose" of all 4.

If they decide to collect them, I'll request compensation for the excessive storage and see what they say lol.
 

DrPhil

Distinguished Member
I've sent them a message via the help desk highlighting that it has been 3 weeks since they last replied to me, and 7 weeks since I initially reported the fault. I asked if they would like me to dispose of all 4 wheels rather than 2 and save them the time and cost of organising collection.

If no reply within a week I'll give them a deadline by which I'll just go ahead and get shot of them.
 

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