Bought Item + Free Gift - refund given - free gift delivered

zenseeker

This will end in one of three ways:

You will be forced to return the item
You will be forced to pay for the item
or
You will receive a county court summons if you continue to ignore requests for return or any demands for payment, this will of course damage your credit rating and you will have to pay court fees.

It is seriously in your best interests to contact the company and arrange for collection before any unpleasantness.

keith99_2

zenseeker wrote: »

This will end in one of three ways:

You will be forced to return the item
You will be forced to pay for the item
or
You will receive a county court summons if you continue to ignore requests for return or any demands for payment, this will of course damage your credit rating and you will have to pay court fees.

It is seriously in your best interests to contact the company and arrange for collection before any unpleasantness.

The way i have read the OP's last post, it is being used, therefore its just one of 2 ways now.

oilit

james10999 wrote: »

They ARE a big company
They CAN afford to take a hit.
They HAVE NOT come back to me since the note through the door two weeks ago.

All I asked was if there was a law stating if a certain period of time lapses, is the item classed as mine?

what - so its ok to steal from people who can afford it? God help this us all if there are many other people who think like this.

FatAndy

This probably doesn't apply to the original post but if a company sends you something you haven't requested they can't make you pay for it and you are allowed to keep it as a 'unconditional gift'. The relevent statute is the Unsolicited Goods and Services Act (1971).

http://www.berr.gov.uk/whatwedo/consumers/buying-selling/unsolicited/index.html

zenseeker

FatAndy wrote: »

This probably doesn't apply to the original post but if a company sends you something you haven't requested they can't make you pay for it and you are allowed to keep it as a 'unconditional gift'. The relevent statute is the Unsolicited Goods and Services Act (1971).

http://www.berr.gov.uk/whatwedo/consumers/buying-selling/unsolicited/index.html

That doesn't cover items that were given as gifts for purchasing another item, they have to be returned as part of the purchased item, but the sender must cover the carriage.

james10999

zenseeker wrote: »

This will end in one of three ways:

You will be forced to return the item
You will be forced to pay for the item
or
You will receive a county court summons if you continue to ignore requests for return or any demands for payment, this will of course damage your credit rating and you will have to pay court fees.

It is seriously in your best interests to contact the company and arrange for collection before any unpleasantness.

They still have not contacted me at all about this.
They surely can't want a year or so then start demanding payment. There must be some kind of cut off?

zenseeker

james10999 wrote: »

They still have not contacted me at all about this.
They surely can't want a year or so then start demanding payment. There must be some kind of cut off?

You should be contacting them, they attempted to collect it, which is a clear sign of intent. If you phone them and explain that it has been used, they may buckle and let you have it as a used player is of no use to them, but they may still demand it returned or payed for, either way you need to contact them immediately, the sooner you do the better it will be for you.

dnomyar

Hi,

This is unsolicitated goods as you cancelled the order and usually, you have to wait 6 months and if no contact, its yours to keep. As they have contacted you, then this still may or may not apply. If they do not contact you again for over 6 months, you could deny that they ever contacted you in the 1st place and that you never received a slip through the door. If they do contact you. Tell them you work all over the country 6 days a week and the only time you will be in for them to arrange collection will be Sunday after 10pm (they have to arrange collection mutually convenient but to you with costing you money or losing money if you had to finish work early). If they then says that your in now, state that you have your phone diverted. As this will most probably cost just just as much as the supplier cost of the item to arrange a Sunday late collection, they may agree for you to keep it. You never know. But if they do agree to collect at such a late time on a Sunday, then you will have to let them collect. At least you will have the satisfaction of knowing it cost them a bomb to collect it from you. If you refuse and they still want it back and you don't give it to them, then they are within there rights to pass the debt to a debt collector, even without going to court. But again you do not have to pay a debt colector and they have no legal rights over you. They then can go to court and get a court order, which again is difficult as it was a free item and you never agreed to a price. They have to prove you owe a specific amount. You then defend yourself by stating they never arranged a mutually convenient time to collect!

Hope this helps!

KILL_BILL

james10999 wrote: »

They still have not contacted me at all about this.
They surely can't want a year or so then start demanding payment. There must be some kind of cut off?

they have 6 years to make a recovery for the item from the date that the item was originally sent to you - thats the statute of limitation

if they decided to sue you 18 months l8er after being sent and they showed the court that they had made reasonable attempts to contact you and get it form you then the court would state you would have to pay for the item in question plus all their legal costs .

SEND IT BACK AND STOP BEING SO PETTY

james10999

dnomyar wrote: »

Hi,

This is unsolicitated goods as you cancelled the order and usually, you have to wait 6 months and if no contact, its yours to keep.

But if they do agree to collect at such a late time on a Sunday, then you will have to let them collect. At least you will have the satisfaction of knowing it cost them a bomb to collect it from you.
Hope this helps!

Excellent idea!

Thank you for your great advice.

Plan of action I think will be if they contact me again, I will phone and say the only time they can collect it is sunday evening. See how this goes.

Will update on any progress!