give back or keep???????????

michellep45

not sure where i stand.....
in december in the morning i ordered a dvd recorder from tescos direct for my mother i cancelled this in the afternoon as shed found 1 cheaper they said on the phone fine it was cancelled and the money would be put back in to account and sent me an email to confirm this which they did....but 2 days later the dvd recorder turned up!!!!its now march and i still have it sitting in my garage untouched
where do i stand??? do i keep or send it back??? to be honest i had forgotten about it till i had a clear out this weekend!!!

hamstercheeks_2

michellep45 wrote: »

not sure where i stand.....
in december in the morning i ordered a dvd recorder from tescos direct for my mother i cancelled this in the afternoon as shed found 1 cheaper they said on the phone fine it was cancelled and the money would be put back in to account and sent me an email to confirm this which they did....but 2 days later the dvd recorder turned up!!!!its now march and i still have it sitting in my garage untouched
where do i stand??? do i keep or send it back??? to be honest i had forgotten about it till i had a clear out this weekend!!!

this happened to my friend - he ordered a double bed and it never came - he phoned them up and complained - so they sent another one. about 3 weeks later an old boy (about 100) rapped on his door and said that a bed had been delivered to him about 3 weeks previous (old boy was in hibernation cos of the cold weather lol_) because he wasn't in but there wasn't a card posted thru advising him of this................

so he sold it lol:rotfl:

i don't know what i would do tho.....

Art_2

To keep the recorder would be theft. You must write to the store and tell them you have it and ask them to pick it up in, say, 10 days. Inform them that if they haven't done so in this time you will assume they don't want it back and you will dispose of it.

Regards,
Art.

Meepster

Surely, as the order had been cancelled and then sent anyhows, it can be treated as unsolicited goods?

Art_2

mwilletts wrote: »

Surely, as the order had been cancelled and then sent anyhows, it can be treated as unsolicited goods?

In which case you still have a legal responsibility to follow the lines I mentioned in my post.

Regards,
Art.

Crazy_Jamie

Personally I'm not sure whether this would count as unsolicited goods or not. Technically the goods were requested, it's just that that request was later cancelled, and I'm not familiar enough with the statute or surrounding case law to say whether or not that is sufficient for the goods to be unsolicited. Hopefully someone else with better knowledge of that area of law can clear it up, as there is bound to be something specific on that point either in case law or in the statute itself. However, one small point to note.....

Art wrote: »

To keep the recorder would be theft. You must write to the store and tell them you have it and ask them to pick it up in, say, 10 days. Inform them that if they haven't done so in this time you will assume they don't want it back and you will dispose of it.

..... is that if it does count as unsolicited goods, the letter should specify a period of 30 days. If they do not collect the DVD player within that period, it will actually legally become his and he can do what he wants with it.

Art_2

Crazy_Jamie wrote: »

Personally I'm not sure whether this would count as unsolicited goods or not. Technically the goods were requested, it's just that that request was later cancelled, and I'm not familiar enough with the statute or surrounding case law to say whether or not that is sufficient for the goods to be unsolicited. Hopefully someone else with better knowledge of that area of law can clear it up, as there is bound to be something specific on that point either in case law or in the statute itself. However, one small point to note.....

..... is that if it does count as unsolicited goods, the letter should specify a period of 30 days. If they do not collect the DVD player within that period, it will actually legally become his and he can do what he wants with it.

The goods were not unsolicited. They were ordered and then cancelled. To keep them and do nothing would be theft. Why do some people try to make illegal gains from other people's mistakes.

Regards,
Art.

Crazy_Jamie

Art wrote: »

The goods were not unsolicited. They were ordered and then cancelled. To keep them and do nothing would be theft. Why do some people try to make illegal gains from other people's mistakes.

Regards,
Art.

I've just had a quick browse through the relevant legislation and some related case law, and from what I can tell this is more than likely correct. I can't find any reference to the exact position when orders are cancelled, so I'm not certain, but nonetheless the legislation was not designed to apply to situations like this. It therefore seems more likely to me that the prior order, even though it has been cancelled, would result in the goods not being unsolicited.

sarahg1969

So, OP, when these goods arrived, did you just put them in your garage, or did you contact Tesco, and ask them to collect? If not, why not?

Do you shop at Tesco for groceries? Does it have a Direct desk? If so, you could have returned the DVD recorder there.

As others have said, these are not unsolicited goods, and I cannot see why you have not returned them. Unless you assumed they were unsolicited, and thought you could keep them after a period?

McKneff

linni wrote: »

Is there a Tesco's near you? I would just take it into a store. I have found them really good at giving refunds.

A refund isnt due, the OP has already had the payment refunded onto her card when she cancelled the order.

Art_2

Crazy_Jamie wrote: »

I've just had a quick browse through the relevant legislation and some related case law, and from what I can tell this is more than likely correct. I can't find any reference to the exact position when orders are cancelled, so I'm not certain, but nonetheless the legislation was not designed to apply to situations like this. It therefore seems more likely to me that the prior order, even though it has been cancelled, would result in the goods not being unsolicited.

What case law have you studied on this?