Got a bit of a question for the Stw law-ists if anyone has an idea about this.

My mum had a wooden sash window made by a company to an agreed specification. Not cheap by any means.

When the window got delivered, various issues were apparent. The window was to be clear finished inside but was made out of different timber species and jointed lengths of wood so would look weird, The top sash was a different proportion to the bottom, the glass panels have all manufacturer text all in the surrounds and the quality and fit of joints was generally pretty shoddy.

Long story short, she rejected it and after much hassle was able to get a full refund.
The window though, is still against the wall in her hallway waiting for the company to take it back. It’s been there since the middle of last summer some time and it’s massive, about 1500x800mm.

A sash window recently

She’s given the company every opportunity to collect it, emailing the director several times who has said that he’ll arrange its collection only for it all to go quiet again.
It’s gone on for months and she wants rid. She even suggested a deadline to the company whereupon she would then get rid of it. They said they’d collect, the deadline passed, nothing.

I told her to sell it on but she’s worried about any legal comeback should the company decide to sort their shit out and want it back.
I think she’s done the right thing with emails stating opportunity to collect etc and needn’t worry.

Anyone know owt about this sort of scenario legally speaking?
Anyone want to buy a sash window? Lovely quality, one careful lady owner 😉
Cheers.

Start charging storage..

cloudnine – Member
Start charging storage..

I’ve heard people say this before but does it happen in reality?
Not much good for a company that doesn’t reply anyway….

If she’s already given them a deadline that they’ve agreed to and that has passed (and has that in writing) then get rid of it. I suspect they don’t want it. It’ll have little value if it’s a custom made unit.

You could ‘reet posh up your allotment with that.

Serving hatch for the shed?

^^ 😆

Recorded delivery snail mail describing the situation and requiring a response by recorded mail within 30 days of receipt confirming acceptance of your mum’s terms of disposal. Whether those are ‘it’s going in the bin unless you arrange to come and collect it’ or ‘disposal will be organised for a fee of £250 payable within 14 days’. All you’re really after is getting rid of the window and ensuring that the firm agrees they don’t want it.

She even suggested a deadline to the company whereupon she would then get rid of it. They said they’d collect, the deadline passed, nothing.

Get rid of it then.

eBay. 99p start. Buyer collects.

..with sash on collection.

EDIT: Yeah, I’ll see myself out.

Yeah, I can get rid of it of course, but should the company suddenly decide to be cockwombles, I’m wondering where she’d stand in actual law…..not internet keyboard law 🙂

..with sash on collection.

*salutes

As long as she can demonstrate shes given them a reasonable deadline, then get rid of it.

As said, being a custom item, and of unsatisfactory quality anyway it won’t have much if any resale value to them, hence why they are seemingly not bothered about getting it back.

AIUI,

The law is all about the “reasonable.” You have to give them reasonable opportunity to collect the goods – you can’t for example say “yes, I’m available from 4am to 4:05 on alternate Tuesdays.” I’d suggest that if it’s been there since last summer they’ve had more than reasonable opportunity to collect.

If she hasn’t already, send a recorded letter stating the length of time they’ve already been given and that they have 14 days to collect it, otherwise it will be disposed of. Keep a copy of the letter. If they do come back to you, you’ve got proof of what you’ve told them (and signed-for means they can’t claim they’ve never received it).

The fact of the matter is they don’t want it back, if they remotely cared it’d have gone by now. It’s a bespoke item that they have no use for, they’d be doing her a favour by collecting it and that’s pretty low on their priorities. I’d wager if she stopped contacting them she’d never hear from them again.

not internet keyboard law

There’s another kind?

Letter stating you want it collecting in 7 days or else you will charge storage at price of unit ÷ 30 per day , wait a month so they accrue a debt to your mum to the value of unit then dispose of unit as you see fit . Then if they ever came back at you for the unit you can counter claim for your storage costs.

Get rid of it. If they then come back and ask for it, say you left it round the back/front/side of the house and that it was stolen.

To be honest I don’t think I’d bother going that far, shes e-mailed them and they’ve replied and said they would collect, and failed to do so, and have not been back in touch. presumably this happened at least a month ago.

That’s reasonable and documented, so I’d dispose of it, or ebay it whatever.