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Obligation to return...

J

JonnyBowley

macrumors member
Original poster
Nov 13, 2007
40
0
OK, so I posted previously about receiving the wrong MacBook in the mail and informing Apple.

Well, they said TNT would give me a ring to collect it and all I needed to do was put the returns number they emailed me on the package.

TNT called and said they could come to pick it up 9-1 or 1-5. As I'm a student at and work at the local University I said I'm out all day, can you call after 6?

They said no, only between 9-1 or 1-5. I said no can do, sorry. They then conceded they could pick it up from the University.

I reluctantly said OK, arranged for the time between 1 and 5 and duly took the MacBook into Uni. I have no car, so I walked a mile into Uni with the MacBook and packaging.

They then rang me up at 11, whilst I was in the middle of a lecture [I'm a part time student as well] and said they were ready to collect. Apparently they can't be on campus after 11. I told them they had said 1-5, so they'd have to come back then, as I was busy. They said they'd have a think about it and to leave it with them, they'd get back to me.

I heard nothing for the next 24 hours and the next thing I know [today], I arrive into work and there's a TNT drivers note saying they'd tried to collect the item but I wasn't available.

It informs me I have to ring TNT and rearrange delivery. Not likely!

As far as I am concerned, Apple can have the damn MacBook, but they will have to do the running around. I'm not prepared to run up a phone bill trying to arrange pickup. If TNT want to collect it, they can do so when I'm available. Otherwise, they can go whistle.

My question is, am I under any legal obligation [I live in the UK, not the US] to return this item? Is telling them they have to do the running fair? More importantly, can Apple eat me alive if I don't make the effort?

Any advice, from a legal point of view, not just your opinion, would be helpful. Thanks.
 
Do they have your credit/debit card details? If not, keep the MacBook until they call back (if they're going to) and tell them that you've been busy and their courier (TNT) did not make enough effort to collect it at your preferred time.
 
Are you waiting for them to replace it with an alternative?

The usual standard for British Law is reasonableness so if you are being reasonable it is their problem

I would simply email apple and inform them what has happened and ask them to make arrangements.
 
skyrider007 said:
Then, unfortunately, you will need to ring them and complain.
Click to expand...

Nope. I'm not spending a penny more of my money sorting out their mistake.

I rang a consumer helpline and they suggested writing a letter to Apple as they are the party that I am contracted with.

They told me to suggest that Apple arranges to have the goods collected at a time mutually convenient, within a reasonable amount of time.

They also suggested adding that I will be forced to charge Apple storage costs for the item if they do not collect it promptly.

We shall see what happens.
 
JonnyBowley said:
Nope. I'm not spending a penny more of my money sorting out their mistake.

I rang a consumer helpline and they suggested writing a letter to Apple as they are the party that I am contracted with.

They told me to suggest that Apple arranges to have the goods collected at a time mutually convenient, within a reasonable amount of time.

They also suggested adding that I will be forced to charge Apple storage costs for the item if they do not collect it promptly.

We shall see what happens.
Click to expand...

Instead of using the snail mail you could call them and threat them or something. Good luck on getting compensation for your storage fee. If you take them to court and you lose the case, the legal costs will be hefty.
 
So it appears they sent you a MacBook of greater value then you paid, they realized their mistake and now want to get it back? Correct me if I am wrong. I figure in this case it is their fault and if they do charge your debit or credit card for the difference than I would suggest calling the credit card company or your bank and dispute the charge. Though it isn't Apple's problem that TNT won't pick-up your package when you have requested Apple needs to realize that you are a busy student and can't spend all your time working with TNT to return them a laptop that they wrongfully sent you.
 
I don't see where you have a problem with Apple, honestly. The shipper has been notified & dispatched, so the muck-up is between you & TNT now, period. I would, however, notify Apple that their shipper of choice is staffed by incompetent twunts.
 
JohnNotBeatle said:
I don't see where you have a problem with Apple, honestly. The shipper has been notified & dispatched, so the muck-up is between you & TNT now, period. I would, however, notify Apple that their shipper of choice is staffed by incompetent twunts.
Click to expand...

Precisely. My problem isn't with Apple per se, but as my contract is not with TNT but Apple, then I need to liaise with them.

TNT are incompetent and I have written to Apple letting them know.

maestro55 said:
So it appears they sent you a MacBook of greater value then you paid, they realized their mistake and now want to get it back?
Click to expand...

Almost correct... They sent me a MacBook of greater value than I had paid for, and I contacted them to let them know. I spent 17 minutes on the phone to them. Now I'm getting all this hassle...

Is it really worth it?
 
No, he's honest and that goes a long way. Especially if he has a problem with the unit and has to send it back and the warranty doesn't match the machine.

What kind of macbook was this again? A baseline blackbook instead of a whitebook?


Some other poster did this recently and got a 7200 RPM 200 GB 2.6 ghz MBP and Apple didn't want it back. Probably due to it being a BTO.


But as much as I hate to say this, I think you will have to bite the Apple and call them to let them know how incompetent TNT are and that this is basically not your fault. Be firm but polite and tell them that this is their problem and that you shouldn't have to spend time or money on it, so they need to recompensate you if this TNT circus keeps going on. :eek:
 
I took my girlfriend to McDonalds about 15yrs ago. They forgot to ring up our Ice Cream Cones. She talked me into going back up to the counter and paying for them. I did. The girl at the register looked at me like I was a retard but said she was amazed at my honesty. Amazed like "what a total idiot" kind of amazement. Thats all it really is about is feeling good and hoping the person seeing you do it acknowledges you are a good person.

Meanwhile all the people having to pick up the damn macbook, talk to you about it, and process the return are pissed off. Who are you returning it for Steve Jobs? I assure you he couldn't give a rats ass. Infact you are costing them more money to return it. THey have to pay for shipping again twice and have to refurb that system now and ship you a whole new one.

So quit being a pain in the ass and keep the damn thing already. :rolleyes:
 
For the legal record, I doubt that they can physically take something away from you if they gave you a better model (assuming a situation where you didn't notify them).

And if there was ever a problem in the future, it would be hard to prove that you knowingly got a better computer and chose not to return it in..I mean maybe you never looked at the system specs..can't tell the processor speed just from use. ;)
 
They mistakenly shpped the BlackBook when I ordered the 2.2 white MacBook. They then correctly shipped me the unit I'd originaly asked for [thank the good Lord above] but their carriers, TNT, are incompetent munters and I cannot seem to offload ths BlackBook.
 
Radio Monk33 said:
For the legal record, I doubt that they can physically take something away from you if they gave you a better model (assuming a situation where you didn't notify them).

And if there was ever a problem in the future, it would be hard to prove that you knowingly got a better computer and chose not to return it in..I mean maybe you never looked at the system specs..can't tell the processor speed just from use. ;)
Click to expand...

Yes, but how do you explain that the OP got a blacbook and not a white macbook? Optical grayscale color disorder on both eyes? :eek:
 
Jiddick ExRex said:
No, he's honest and that goes a long way.
Click to expand...

And hey, karma counts - allegedly.... I told Pret a Manger that they'd undercharged my sandwich and told the assistant, when she commented on my honesty, that I was sure karma would come back and bite me otherwise. She did give me a free coffee ;) But then I got burgled the next day... :rolleyes:

Mutual convenience is great in theory but unfortunately when it comes to large courier companies, it doesn't always work out since they have schedules and deadlines too. Could you possibly leave it with the University office or a University hall porter to be collected?
 
Applespider said:
Mutual convenience is great in theory but unfortunately when it comes to large courier companies, it doesn't always work out since they have schedules and deadlines too. Could you possibly leave it with the University office or a University hall porter to be collected?
Click to expand...

I could, but I'd rather not let the damn thing out of my sight, cos if it goes missing, Apple will have no qualms billing me £800 for it.

I've looked into UK law surrounding this and it seems that there is a law called Unsolicited Goods and Services Act 1971...

I can either:

i) Write to the company who supplied the goods, advising them of their error, and giving them ample opportunity to collect the goods (i.e. not making it difficult for them to collect). 30 DAYS after I inform them, if they have not collected the goods, they are legally mine.

ii) Do nothing. If the company has not contacted you to make arragements to collect the goods within 6 MONTHS, they are legally yours.

However, I did inform Apple (by phone, worse luck) and they have tried to collect (albeit without tellig me when and where)...

I can still write them a letter though... So that's what I've done.

I can guarantee Apple will ensure they collect the MacBook from me... I mean, who'd want to lose £800 worth of unadulterated pleasure?!
 
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