Robert Dyas missing parts in gym equipment order ..debit card dispute & return of item..

[jk2054]

they dont have a clause dx in their returns policy i've already checked that before responding.

 

They're only charge is if they attempt but the goods aren't available

 

see:

Delivery & Returns | Robert Dyas

WWW.ROBERTDYAS.CO.UK

---

Free Standard Delivery on Orders over £50. Free Nationwide Click & Collect.

 

Edited July 29, 2023 by jk2054

[Salford lass]

The bank said that Robert Dyas have 30 days from the day after I did the dispute as I paid with Visa card,the 30 days is nearly up

[jk2054]

They may have 30  days to respond,  but visa can take up to 2 months to decide

Also to add to what I previously said, call lloyds and ask if your dispute has been successful and closed.

They wont always tell you when its been processed but if you call and they say it was successful, then I'd say you are safe to dispose of the goods as you've got your money back

a chargeback decided in customer's favour can't be reversed

[Salford lass]

Thank you 

[jk2054]

no worries if you need anything else let me know

[Manxman in exile]

15 hours ago, jk2054 said:

They may have 30  days to respond,  but visa can take up to 2 months to decide

Also to add to what I previously said, call lloyds and ask if your dispute has been successful and closed.

They wont always tell you when its been processed but if you call and they say it was successful, then I'd say you are safe to dispose of the goods as you've got your money back

a chargeback decided in customer's favour can't be reversed

Are you 100% certain of that?!?!?!   

I don't believe the OP can just dispose of it - he can't just send it to the "scrappers", which I think he wants to do(?).

If he wants to "dispose" of it he will need to sell it, and to do so he will have to give appropriate notice to Robert Dyas of his intention to do so, as prescribed in the relevant legislation.  He will also have to adopt the best method of sale reasonably available in the circumstances, and pay the proceeds (less any costs of sale)  over to Robert Dyas.  He can't just sell it at "mate's rates" - it has to be a fair price in the circumstances.  I suspect that might not be strightforward.

See s12 "Bailee's power of sale" here:  Torts (Interference with Goods) Act 1977 (legislation.gov.uk

 

What the OP needs to do is get Robert Dyas to collect it pronto.  Whether threatening to charge them storage would (1) speed them up or (2) be enforceable, I don't know...

Edited July 29, 2023 by Manxman in exile

[jk2054]

I deal with charegbacks for a UK bank for a living and I've never heard of any company chase the consumer after a dispute has been decided in their favour.

Therefore yes I'd say he's safe to dispose of it after his dispute is decided in his favour. However as I already said I'd recommend him to file for ADR as I believe that would be his best route forward. 

 

 

 

[Manxman in exile]

My understanding of a chargeback is that the money paid by the consumer to the seller is recovered from the seller and returned to the consumer.

That suggests to me that ownership of the goods would revert back to the seller, and the consumer is left in the position of being an involuntary bailee of the seller's property.

Are you suggesting that the consumer can dispose of the seller's property in any way they like (eg scrap it) and they wouldn't be accountable to the seller for its reasonable market value?

I don't think this has anything to do with the chargeback process or how banks decide disputes, it's a legal question about who owns goods that have been subject to a chargeback.  I don't think any agreement with or between Mastercard and Visa overrides the law of the land.  Like @dx100uk at #12, I'm thinking your advice might be mistaken...

I think I'd advise @Salford lass to see what others think about this before disposing of the gym.

Edited July 29, 2023 by Manxman in exile

[jk2054]

No you’re not right there.

A chargeback has no affects on the ownership of goods, it only has relation to the funds.

For cases with damaged goods the policy that we have is that customers must notify the merchant and provide the merchant the opportunity to collect the damaged goods.

If the merchant doesn’t collect them within 14 days but can deliver the same goods within this period and they are anything bigger than a small parcel (45x30x20) and 2kg we can file a chargeback.

 

[Manxman in exile]

OK.  So can you clarify what you mean by 

41 minutes ago, jk2054 said:

... A chargeback has no affects on the ownership of goods, ...

Who owns goods that have been subject to a successful chargeback?  The seller or the consumer?

[dx100uk]

just type gentleman no need to keep hitting quote.

this item is worth several £100's

the bank cant decide nor make comment upon if a consumer can dispose of it.

the goods remain the property of the retailer, however they are in the safe hands of the consumer, whom has no right to dispose of them without written permission for something of that value.

you need to write as i've advised twice now to the retailer stating from XX date you will be charging £xx per week or day for storage costs.

dx

[Salford lass]

I’ve already written to them 14 days notice to come and collect the item,that was 4 weeks ago ,the item can’t really be sold as it’s missing 2 specific parts and one part being a large block that holds the weights on and so would be dangerous to use it

[dx100uk]

but not with any incentive to get a move on...re charging storage costs?, which you are entitled to charge.

 

[dx100uk]

On 26/06/2023 at 02:01, dx100uk said:

if they want it back they have to arrange collection at their cost, else you'll start charging daily storage fees...

over a month ago.

dx

[Salford lass]

This is what I sent

Order number

Description-homcom muti home gym machine with 45 kg weight stack

Item received on 9/6/23

1st contact with you on 9/6/23 to report missing parts

Auto generated email received saying you would be in touch in 72 hours

You made no contact

Contacted you via twitter on 12/6/23

Received another auto generated email on 13/6/23

No attempt was made by yourselves to rectify this situation

I'm giving you 14 days from receipt of this letter for you to arrange collection of your goods.

After this date I will consider this item to have been abandoned and I myself will arrange it's disposal

Regards

[dx100uk]

you can't.

dx

[Salford lass]

I can’t what ?

[dx100uk]

17 hours ago, Salford lass said:

After this date I will consider this item to have been abandoned and I myself will arrange it's disposal

 

[Salford lass]

So today I went in the bank and asked them if the dispute was closed and did I win.they said yes and yes,still had no contact of Robert Dyas now nearly 5 weeks since I sent the letter requesting them to come and collect so tomorrow I’m putting it out for the scrappers to take

thanks for all the help

[Manxman in exile]

I think you should keep your fingers crossed that Robert Dyas don't come back to you wanting the return of their equipment or fair value for it.