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  • FIRST POST
    • Lydo
    • By Lydo 10th Oct 16, 6:21 PM
    • 4Posts
    • 0Thanks
    Lydo
    Do I get to keep the TV?
    • #1
    • 10th Oct 16, 6:21 PM
    Do I get to keep the TV? 10th Oct 16 at 6:21 PM
    Now I know that if you're sent goods by mistake you have to contact the seller, tell them and then return them or you can be done for theft but...

    On the 28 SEPT I was sent a TV I had cancelled and then been refunded for (£650). I went through the moral soul searching and, completely our of character, decided I should let them know.

    I called the day it arrived and they said they'd call me back (I record my calls with an app...is that even legal?), they didn't, so the next day I called again, They said they'd call back again but didn't.

    I read you should contact them in writing so I used "Resolver" and sent an email from a template essentially saying:
    Me: 'you have 14 days or I'm keeping it'.
    Them: "since you're at work during the day can you leave it with a neighbor?"
    Me: "I'm not comfortable leaving it with a neighbor but I'm willing to take a half day if you tell me when you can pick it up."
    ...Then nothing for the last week days.

    Now tomorrow it will be 15 days since they first delivered it. I'm thinking if they take another 10 days I've shown that I've tried to give it back and I'm keeping the bloody thing.

    Legally am I treading a thin line? I don't think I should have to chase them anymore.
Page 1
    • Moneyineptitude
    • By Moneyineptitude 10th Oct 16, 6:26 PM
    • 17,232 Posts
    • 7,774 Thanks
    Moneyineptitude
    • #2
    • 10th Oct 16, 6:26 PM
    • #2
    • 10th Oct 16, 6:26 PM
    You can't keep it after only 14 days, neither can you charge them storage fees.

    Why aren't you "comfortable" leaving the item (which does not belong to you) with a neighbour for collection?

    I very much doubt this firm will be willing to write off a £650 television set..
    • Fat Walt
    • By Fat Walt 10th Oct 16, 6:59 PM
    • 602 Posts
    • 327 Thanks
    Fat Walt
    • #3
    • 10th Oct 16, 6:59 PM
    • #3
    • 10th Oct 16, 6:59 PM
    Now I know that if you're sent goods by mistake you have to contact the seller, tell them and then return them or you can be done for theft but...

    On the 28 SEPT I was sent a TV I had cancelled and then been refunded for (£650). I went through the moral soul searching and, completely our of character, decided I should let them know.

    I called the day it arrived and they said they'd call me back (I record my calls with an app...is that even legal?), they didn't, so the next day I called again, They said they'd call back again but didn't.

    I read you should contact them in writing so I used "Resolver" and sent an email from a template essentially saying:
    Me: 'you have 14 days or I'm keeping it'.
    Them: "since you're at work during the day can you leave it with a neighbor?"
    Me: "I'm not comfortable leaving it with a neighbor but I'm willing to take a half day if you tell me when you can pick it up."
    ...Then nothing for the last week days.

    Now tomorrow it will be 15 days since they first delivered it. I'm thinking if they take another 10 days I've shown that I've tried to give it back and I'm keeping the bloody thing.

    Legally am I treading a thin line? I don't think I should have to chase them anymore.
    Originally posted by Lydo

    Legally the have six years to chase you for payment. Do you have that long to !!!! about?
    • Lydo
    • By Lydo 10th Oct 16, 7:02 PM
    • 4 Posts
    • 0 Thanks
    Lydo
    • #4
    • 10th Oct 16, 7:02 PM
    • #4
    • 10th Oct 16, 7:02 PM
    I told them I'd take time off, I just need to know when. I don't really get on with my neighbor (I live in the middle of nowhere).

    I should clarify I wasn't saying after 14 days I'd keep it, I'm just curious about:

    a) whether I have made "a reasonable effort" in getting them their TV back.
    b) How long people would wait before just keeping them.
    • Moneyineptitude
    • By Moneyineptitude 10th Oct 16, 7:07 PM
    • 17,232 Posts
    • 7,774 Thanks
    Moneyineptitude
    • #5
    • 10th Oct 16, 7:07 PM
    • #5
    • 10th Oct 16, 7:07 PM
    a) whether I have made "a reasonable effort" in getting them their TV back.
    Originally posted by Lydo
    No.
    b) How long people would wait before just keeping them.
    Originally posted by Lydo
    Six years.

    You will be charged if you attempt to keep this item.
    • Lydo
    • By Lydo 10th Oct 16, 7:12 PM
    • 4 Posts
    • 0 Thanks
    Lydo
    • #6
    • 10th Oct 16, 7:12 PM
    • #6
    • 10th Oct 16, 7:12 PM
    Ahh well, I'll stick it in the shed until they sort out picking it up.
    • steampowered
    • By steampowered 10th Oct 16, 7:18 PM
    • 531 Posts
    • 464 Thanks
    steampowered
    • #7
    • 10th Oct 16, 7:18 PM
    • #7
    • 10th Oct 16, 7:18 PM
    I don't think its your job to keep chasing them. Let them chase if they want it back.

    Offering to take half a day's leave for their screw-up is more than enough.

    Frankly if you are at work during the week they should pay the extra charge to have it collected at a weekend.
    • ARandomMiser
    • By ARandomMiser 10th Oct 16, 7:34 PM
    • 931 Posts
    • 1,799 Thanks
    ARandomMiser
    • #8
    • 10th Oct 16, 7:34 PM
    • #8
    • 10th Oct 16, 7:34 PM
    Ahh well, I'll stick it in the shed until they sort out picking it up.
    Originally posted by Lydo
    Just be aware that you can be held responsible for any damage, so a shed may not be a good idea even if it is clean, dry and locked.
    • mije1983
    • By mije1983 10th Oct 16, 9:03 PM
    • 2,157 Posts
    • 17,234 Thanks
    mije1983
    • #9
    • 10th Oct 16, 9:03 PM
    • #9
    • 10th Oct 16, 9:03 PM
    I should clarify I wasn't saying after 14 days I'd keep it,
    Originally posted by Lydo
    But that's what you say you told them?

    sent an email from a template essentially saying:
    Me: 'you have 14 days or I'm keeping it'.
    Originally posted by Lydo

    • RHemmings
    • By RHemmings 10th Oct 16, 11:25 PM
    • 1,926 Posts
    • 1,218 Thanks
    RHemmings
    Does the television count as "unsolicited goods"?

    EDIT: Probably not. https://www.saga.co.uk/magazine/money/spending/consumer-rights/can-i-keep-goods-delivered-to-me-by-mistake
    • wealdroam
    • By wealdroam 10th Oct 16, 11:33 PM
    • 17,419 Posts
    • 13,999 Thanks
    wealdroam
    Originally posted by RHemmings
    No it is not unsolicited goods.

    The OP ordered the goods. I.e. they were solicited.
    • RHemmings
    • By RHemmings 10th Oct 16, 11:46 PM
    • 1,926 Posts
    • 1,218 Thanks
    RHemmings
    No it is not unsolicited goods.

    The OP ordered the goods. I.e. they were solicited.
    Originally posted by wealdroam
    The OP cancelled the order. But, the goods were delivered by mistake. That's what makes them not legally unsolicited.
    • The-Truth
    • By The-Truth 11th Oct 16, 5:48 AM
    • 309 Posts
    • 377 Thanks
    The-Truth
    The OP cancelled the order. But, the goods were delivered by mistake. That's what makes them not legally unsolicited.
    Originally posted by RHemmings
    It at times like this when you don't understand something it's just best to stop posting!
    • RHemmings
    • By RHemmings 11th Oct 16, 6:17 AM
    • 1,926 Posts
    • 1,218 Thanks
    RHemmings
    It at times like this when you don't understand something it's just best to stop posting!
    Originally posted by The-Truth
    What do you mean by that?

    I checked the situation, and the meaning of unsolicited goods is very clear. Goods sent by accident are not 'unsolicited goods' in the meaning of the law that allows the recipient to keep the 'unsolicited goods'.
    • unholyangel
    • By unholyangel 11th Oct 16, 2:40 PM
    • 10,198 Posts
    • 7,357 Thanks
    unholyangel
    What do you mean by that?

    I checked the situation, and the meaning of unsolicited goods is very clear. Goods sent by accident are not 'unsolicited goods' in the meaning of the law that allows the recipient to keep the 'unsolicited goods'.
    Originally posted by RHemmings
    Unsolicited goods (by their legal definition) are goods which have been sent with the intention of you using them and the company billing you for it later without any previous request having been made by you or anyone on your behalf.

    I believe the poster in question was referring to your previous post where it sounds like you're contradicting what wealroam said when what he said was correct. They are not unsolicited because there has been a request made either by him or someone on his behalf. His cancellation (or their delivery) has no effect on whether they were unsolicited or not.
    Money doesn't solve poverty.....it creates it.
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