Threatening behavio...
 

  You don't need to be an 'investor' to invest in Singletrack: 6 days left: 95% of target - Find out more

[Closed] Threatening behaviour from retailer - what to do?

59 Posts
45 Users
0 Reactions
139 Views
Posts: 0
Free Member
Topic starter
 

Now I have many years of retail experience so this is a bit of checking what I have done is correct but also a bit of advice needed.

I bought some very large items from an internet retailer with a very good rep. I don't want to say what they are, suffice to say they are very expensive, very large and have to be stored in a particular way to avoid damage and definitely not outside. I won't mention the company as I want them to have a chance to make this right so I haven't been on social media yet.

First delivery comes - wrong ones sent
After a few emails they agree to send out correct ones and collect wrong ones.
Second delivery - wrong ones sent [b]again[/b] and incorrect ones can't be picked up due to weight limit on van.
I start to get more insistent and spend a long time on the phone many times and via email trying to sort it out.

Third delivery - correct ones sent but incorrect ones not picked up. So I've now got double the items which are almost impossible to store properly and causes a major headache doing so.

After a couple more days they haven't said when they will be collected so I ring them and email them asking them to pick them up on a certain day when I'm getting the correct ones fitted and I will no longer be able to store the incorrect ones. This is at least the second chance they've had to pick them up and they say they can't/won't do it that day. [b]They actually had no idea I still had them [/b] - which I suspected but I wanted to be honest and give them chance to pick them up.

So I say you'll have to pick them up that certain day or I'll have to leave them outside. They ask me to cover them but I say I'm not paying out more money to buy coverings and what happens if they are stolen from my garden/drive - it'll be obvious from the road there is something there. So they eventually say I am liable for them until they are picked up and they will "invoice" me for them if anything happens to them.

This is a big company with a fleet of vans all over the UK with a few depots so they should be able to pick them up easily.

I'm at the top of my tree now with that threat to invoice me which was buried in an email they sent me. They've caused me untold hassle and have made no effort to recompense me for that hassle. I've said in a carefully worded email what has happened since the first order , also that they are to pick them up at [b]my[/b] convenience and that I think that it has been shameful the level of customer service I have been given.

I think a major problem is that their customer service manager is off this week but what company does that without cover from someone who can make important decisions??

Is there any more I can do? Can this company actually invoice me and it be legally legit? I don't think so - does it fall under the "unsolicited goods" banner? I've now got what I paid for so do they have any comeback at all? How many chances do I have to give them to pick them up? I've already had to take multiple days off to receive deliveries. 🙁

Thanks all.


 
Posted : 25/05/2017 11:39 pm
Posts: 0
Free Member
 

It's your responsibility that they stay safe and in the condition received.

If they get damaged then you can't prove or disprove... you could then get stuck with 50% of the fee in court if you can't prove your side of the story.

Can't you speak to customer services and ask to speak to a manager for better advice or compensation for a plastic sheet?


 
Posted : 25/05/2017 11:46 pm
Posts: 19434
Free Member
 

Charge or invoice them for storage?

Report them for dumping?

Report them for health and safety for blocking the door way etc?


 
Posted : 25/05/2017 11:49 pm
Posts: 7751
Free Member
 

If you can prove your multiple attempts to resolve this I believe you can put them outside awaiting their collection - or theft.
Suggest you search online for chief exec name and email - there's a website dedicated to listing ceo contact details - and message him/her direct; that usually works. State that you will use social media unless they respond promptly - say, within 2 hours - to arrange same day collection.
You could also invoice them for your time, inconvenience, time off work etc.


 
Posted : 25/05/2017 11:51 pm
Posts: 7751
Free Member
 

Search 'chief exec emails' and then.....go for it.
Keep us posted.


 
Posted : 25/05/2017 11:56 pm
Posts: 77347
Free Member
 

It's your responsibility that they stay safe and in the condition received.

That's not my understanding, can you provide a source for that?

They actually had no idea I still had them

Hoy it in the skip then. (-:


 
Posted : 26/05/2017 12:08 am
Posts: 13134
Full Member
 

I bought some very large items from an internet retailer with a very good rep. I don't want to say what they are, suffice to say they are very expensive, very large and have to be stored in a particular way to avoid damage and definitely not outside.

Gold plated XL butt plugs? You do have to be careful how you 'store' those bad boys and no I'd not put them out on the lawn; the neighbours will talk.


 
Posted : 26/05/2017 12:21 am
Posts: 0
Free Member
Topic starter
 

Company not on ceoemail.com.

I have tweeted one of the directors instead. 🙂


 
Posted : 26/05/2017 12:23 am
Posts: 0
Free Member
Topic starter
 

Hoy it in the skip then. (-:

Thought about selling product but decided to do the honest thing. Now sort of wishing I hadn't, but it wouldn't have sat right with me.


 
Posted : 26/05/2017 12:24 am
Posts: 2808
Full Member
 

expensive and delicate? go to a shop.


 
Posted : 26/05/2017 2:05 am
Posts: 3190
Free Member
 

I would give them a series of days/times that they can collect the furniture in the next week (maybe 3 windows?), after which time you will consider the goods to be "abandoned" by them and dispose of them appropriately.

Get confirmation that the message has been received and understood.

if they don't collect them, get them on ebay.


 
Posted : 26/05/2017 2:41 am
Posts: 17
Free Member
 

if they don't collect them, get them on ebay.

and send them a copy of the advert...


 
Posted : 26/05/2017 3:06 am
Posts: 13192
Free Member
 

I'm going with Sofas.


 
Posted : 26/05/2017 5:29 am
Posts: 1308
Free Member
 

The threat level....how are you sleeping at night?


 
Posted : 26/05/2017 5:34 am
Posts: 28680
Full Member
 

I was going with PLanetX but you could be right with Sofas.


 
Posted : 26/05/2017 5:34 am
Posts: 0
Free Member
 

I was going with PLanetX but you could be right with Sofas.

That's got some pictures in my head ....

If PlanetX made Sofa's .....

Amazing Sale of Sofa's we don't have in stock ... offer only valid for sofa's in stock?


 
Posted : 26/05/2017 5:51 am
Posts: 0
Free Member
 

That's not my understanding, can you provide a source for that?

I'd guess under contract law they now made him responsible until he amends the new contract.

I'd send them a new contract amendment with storage costs and invoice from tomorrow.


 
Posted : 26/05/2017 5:53 am
Posts: 13741
Full Member
 

I'm going for worktops


 
Posted : 26/05/2017 5:54 am
Posts: 15907
Free Member
 

I reckon it's a hot tub after that other thread.

OP go on tells us what it is?


 
Posted : 26/05/2017 5:59 am
Posts: 346
Free Member
 

Your legal obligation is to take reasonable care of the goods whilst they are in your possession. You are not required to ensure they are kept in the same condition as they were delivered to you in.

Given the nature of these goods I would say it was perfectly reasonable for you to give them a deadline to either collect the goods or put you in funds to pay for covers for them, failing which I don't think they could argue you'd been unreasonable. If they subsequently send you an invoice reject it and send it back with one of your own for a daily storage fee


 
Posted : 26/05/2017 6:16 am
Posts: 7423
Free Member
 

im going kitchen units.


 
Posted : 26/05/2017 6:18 am
Posts: 20675
 

Mattresses?


 
Posted : 26/05/2017 6:37 am
Posts: 0
Free Member
 

Is it an old Ford Escort on bricks?

I could see how it would be difficult to store, exceed the weight limit and annoy the neighbours if there's a few of them.


 
Posted : 26/05/2017 6:42 am
Posts: 0
Free Member
 

Mail order brides.


 
Posted : 26/05/2017 6:43 am
Posts: 2004
Full Member
 

Do mail order brides have to be kept dry?


 
Posted : 26/05/2017 6:47 am
Posts: 0
Free Member
 

If they subsequently send you an invoice reject it and send it back with one of your own for a daily storage fee

He'd probably need to amend the contract to charge them a daily storage fee.
It is however perfectly reasonable... given they have actually delivered but failed to take away the incorrect items and at the same time they have failed to provide any protective covers for the incorrect items.


 
Posted : 26/05/2017 6:49 am
Posts: 1308
Free Member
 

A Bernard Manning joke in there Spekkie


 
Posted : 26/05/2017 6:51 am
Posts: 13554
Free Member
 

Totum Poles. I'm going with Totum poles


 
Posted : 26/05/2017 6:53 am
 Del
Posts: 8226
Full Member
 

carpets.
aggro? sure. but a few builder's tarps aren't expensive.


 
Posted : 26/05/2017 6:57 am
Posts: 4421
Full Member
 

More expensive than not buying tarps to cover over somebody else's goods that have mis delivered and now in the way though.


 
Posted : 26/05/2017 7:00 am
Posts: 15068
Full Member
 

Reasonable is the key here.
OP can prove he's tried to resolve the issue.

Company have not taken care of thier own goods, if they are expensive and bulky I'd say it's reasonable diligence for the company to swiftly collect rejected items. Or at least make more effort to keep the OP in the picture about when they will be collected.

Is it reasonable for the op to incur storage costs or buy special covers for the goods? I'd say no.
Is it reasonable for the op to store them in his house or garage whilst the issue is resolved?
Hard to say..we don't know if he has enough space or how big these goods are.

If he lives in a two bed terrace probably not. If he has a 5 bed house with a double garage that might change things.

Even so, all the effort to resolve seems to have been made by the OP so far.


 
Posted : 26/05/2017 7:14 am
Posts: 0
Free Member
 

I'm going with sex dungeon related goods... Hence doesn't want them outside uncovered where neighbours can see


 
Posted : 26/05/2017 7:17 am
Posts: 45504
Free Member
 

I'm going with matching pair of chandeliers.
[img] [/img]


 
Posted : 26/05/2017 7:22 am
Posts: 6317
Free Member
 

"Do mail order brides have to be kept dry?"
No. Much better wet! Speaks from ambition not experience.


 
Posted : 26/05/2017 7:24 am
Posts: 0
Free Member
 

I had this once, I telephoned the company and was told they would 'collect when they were ready', argument ensued, I said if it wasn't collected I would throw it away. I was then threatened with an invoice if I did that.
So I emailed the company owner (person I spoke to) stating I was giving them fair warning of 7 days to collect otherwise I would dispose of the item any way I see fit.
They never came I threw it away and never heard from them again.
I think by giving them 'fair warning' and 7 days to sort themselves out they would have little chance in pursuing me for any money.
I'm not a lawyer though so it may not work in your case. Worth a try?


 
Posted : 26/05/2017 7:41 am
Posts: 1406
Free Member
 

If they can't collect can you deliver?
Organise a courier and invoice them for the cost.

Tell them in advance that that's what you're going to do if they don't collect at your convenience.


 
Posted : 26/05/2017 8:05 am
Posts: 15068
Full Member
 

Problem with doing that though is op will incur costs which he'll then have to chase to recover, given the retailers attitude so far, I doubt they'd be in a rush to reimburse him.

Besides that there is nothing to stop the company doing just that and getting a courier to collect the stuff if they care about thier goods.
All come back to being reasonable and due diligence which it doesn't seem the company is doing.


 
Posted : 26/05/2017 8:17 am
Posts: 0
Free Member
 

Isn't it the case that you ordered and received the correct items, the incorrect items are not what you ordered and therefore fall under 'unsolicited goods' so you can pretty much dispose of as you see fit?

At the very least going off this law there is no way they could invoice you for them as that would be a criminal offence.

[i]Under the Consumer Protection Regulations 2000 it is a criminal offence to:

Assert a right of payment for the goods.[4][/i]
https://en.wikipedia.org/wiki/Unsolicited_goods


 
Posted : 26/05/2017 8:21 am
 scud
Posts: 4108
Free Member
 

I'd wait til they have collected the goods, then send them a Small Claims Court N1 form with a claim for the monies lost for the days off extra you'd have to take?


 
Posted : 26/05/2017 8:59 am
 DezB
Posts: 54367
Free Member
 

Marijuana plants?

Know anyone with a garage that could store them and give the co that address for collection?


 
Posted : 26/05/2017 9:15 am
Posts: 0
Free Member
 

You have to take reasonable care of them under tort law. That's basically the section of English law that says "don't be a dick". The seller also has to collect in a reasonable time...

Collection within 7 days or you will sell them and pay the money back to the supplier after a reasonable deduction for storage costs (which could be 100%) should be OK.


 
Posted : 26/05/2017 9:28 am
Posts: 4078
Free Member
 

Are you collecting Dave Hinde fan letters?
Are they wet with the tears of former customers?


 
Posted : 26/05/2017 10:16 am
Posts: 514
Full Member
 

Solar panels FTW.


 
Posted : 26/05/2017 10:36 am
Posts: 4097
Free Member
 

Solar panels FTW.

The wouldn't be much use if they turn to dust when put outdoors?


 
Posted : 26/05/2017 10:41 am
Posts: 13554
Free Member
 

I'd store them as asked, then when you have a definitive collection date, fill the items with wasps! That'll teach them 😈


 
Posted : 26/05/2017 10:55 am
Posts: 514
Full Member
 

In their boxes init.

My inlaws had a sizable pile of them when they had theirs done.


 
Posted : 26/05/2017 10:57 am
Posts: 0
Free Member
 

Buy some plastic dust sheets, put them outside (covered/wrapped or preferably hidden). If they don't collect, after a month, eBay them.


 
Posted : 26/05/2017 11:28 am
Posts: 2
Free Member
 

Is it two pallets of tarpaulin? They might be ok to be left outside


 
Posted : 26/05/2017 11:37 am
Posts: 10340
Free Member
 

stevextc - Member

I was going with PLanetX but you could be right with Sofas.

That's got some pictures in my head ....

If PlanetX made Sofa's .....

Amazing Sale of Sofa's we don't have in stock ... offer only valid for sofa's in stock?

I'm pretty sure that the people behind Planet X did also import Italian sofas, or copies of Italian sofas. Something like that anyway.
So there you go!


 
Posted : 26/05/2017 11:42 am
Posts: 0
Free Member
Topic starter
 

Well after contacting one of th owners via Twitter the ability to collect today has suddenly materialised and they were picked up 30MINS ago. Amazing! 🙄


 
Posted : 26/05/2017 1:07 pm
Posts: 0
Free Member
 

So what we're they?


 
Posted : 26/05/2017 1:09 pm
Posts: 10761
Full Member
 

I'm going for artisan wood burning stoves, this is stw after all.


 
Posted : 26/05/2017 2:42 pm
Posts: 13356
Free Member
 

I'm saying something from Matalan/Julian Bowen?


 
Posted : 26/05/2017 2:48 pm
Posts: 0
Free Member
 

Can only be STW standard bicycles, not to be used outside


 
Posted : 26/05/2017 3:04 pm
Posts: 0
Free Member
 

Must be something massively embarrassing to not have mentioned it yet.

I'm going for 10' tall Amazonian see dolls.


 
Posted : 26/05/2017 3:16 pm
Posts: 0
Free Member
 

Must be something massively embarrassing to not have mentioned it yet.

A bike from Halfords?


 
Posted : 26/05/2017 3:46 pm
Posts: 16
Free Member
 

I'm guessing sex dolls*. The deliveries went like this:
Once...a man
Twice...a man
Three times...a lady.

IGMC

*the ones with real hair (first to get tv reference wins a non existent prize)


 
Posted : 26/05/2017 4:06 pm
Posts: 13192
Free Member
 

come on Op, out with it. What were 'they'?


 
Posted : 26/05/2017 4:20 pm
Posts: 19914
Free Member
 

I know exactly what they are because we were talking about them on the phone yesterday.... 🙂

I'd send them an email and give them a week, then eBay them.


 
Posted : 26/05/2017 4:32 pm
Posts: 0
Free Member
Topic starter
 

They've been picked up now, waiting for a refund that was promised so will say when that comes through.

Sorry to generate so much excitement. 😀


 
Posted : 26/05/2017 5:32 pm

6 DAYS LEFT
We are currently at 95% of our target!