Marks and Spencer

jamalfatty

The BERR website (a government agency) would suggest contrary to most of the other posters on here in that you can keep the item. The TV is clearly an unsolicited item and should be treated as such.

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

Having said that, if M&S asked for it back, I personally would return it, but only at their expense.

bigsquid

Yeah I knew it had been cancelled but then the next day I got a call from M&S saying the TV was now ready to be delivered.

damo24

Why not follow the advice on the BERR website and ask Trading Standards for their opinion. Before acting on it though make sure you get it in writing.

I would of thought that the fact that you ordered a tv in the first place would count as a "prior request" on your behalf.

bigsquid

But I guess I didn't ''re-order'' it after it was cancelled by M&S and erased from my account.

Marty_J

jamalfatty wrote: »

The BERR website (a government agency) would suggest contrary to most of the other posters on here in that you can keep the item. The TV is clearly an unsolicited item and should be treated as such.

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

Having said that, if M&S asked for it back, I personally would return it, but only at their expense.

It is not "clearly an unsolicited item", and should not be treated as such.

It is clearly a mistake on M&S's part. The goods were not deliberately sent to the OP with the intent of him acquiring them.

An unsolicited item is when someone sends you a pack of Christmas cards for instance, and then demands that you either pay for them or send them back. This used to happen quite often, with companies sending things out and then trying to force people to pay for them. The recipient would have to post them back at their own expense, or put up with a barrage of threatening letters. The law now states that you can keep such items.

However, M&S aren't sending TVs to people willy-nilly with the hope they'll be able to sucker them into paying for them. The OP placed an order, that order was cancelled, and then M&S sent a TV in error.

lolarentt

You'd really do better to call them and say you'd had a TV delivered, give them whatever ref you've got on the docs, and leave it to them to chase their tales round for a while to try and find out what happened. Then when and if they eventually tie up their loose ends at least you've shown willing and notified them of their error first. That way they look inefficient rather than you looking as if you were trying to get away with a free TV!

RobertoMoir

bigsquid wrote: »

I'll wait and see how long it takes for them to realise their mistake. I'm not gonna open the box and use the TV. When they do realise and contact me they can just come and pick it up. Surely I can't be held accountable. They are the ones that need to get their act together!

Two wrongs still don't make a right. At the end of the day do whatever you're going to do, but don't try to justify keeping it!

thelawns

Marty_J wrote: »

Well aren't you quite the scamp?

Why yes I am. For a year and 3 months I have slept at night without any worries. Due to the refund error, I even had my TV professionally ISF calibrated for just under £300. To say it's now the dogs you know what, is an understatement. :beer:

bigsquid wrote: »

I'll wait and see how long it takes for them to realise their mistake. I'm not gonna open the box and use the TV. When they do realise and contact me they can just come and pick it up. Surely I can't be held accountable. They are the ones that need to get their act together!

There is no justification for keeping it. It will simply be treated as a gift if they don't collect it.

There are a few people on here whom are extremely honest and that is great. You just do what you want to do with it. I have already voiced my opinion, which is that I would sit on it for a while and see what happens. At the end of the day the choice is yours. Bird in the hand though eh!

Marty_J

thelawns wrote: »

Why yes I am. For a year and 3 months I have slept at night without any worries. Due to the refund error, I even had my TV professionally ISF calibrated for just under £300. To say it's now the dogs you know what, is an understatement. :beer:

And I'm sure if they had taken your money and not given you anything in return, you'd be just as relaxed about it all. You certainly wouldn't be on here throwing a hissy-fit about being ripped off.

After all, if they didn't ask you to send them money, then they could just keep it as a "gift".

There are a few people on here whom are extremely dishonest

Fixed that for ya.

thelawns

Marty_J wrote: »

It is not "clearly an unsolicited item", and should not be treated as such.

It is clearly a mistake on M&S's part. The goods were not deliberately sent to the OP with the intent of him acquiring them.

An unsolicited item is when someone sends you a pack of Christmas cards for instance, and then demands that you either pay for them or send them back. This used to happen quite often, with companies sending things out and then trying to force people to pay for them. The recipient would have to post them back at their own expense, or put up with a barrage of threatening letters. The law now states that you can keep such items.

However, M&S aren't sending TVs to people willy-nilly with the hope they'll be able to sucker them into paying for them. The OP placed an order, that order was cancelled, and then M&S sent a TV in error.

Yes M&S sent a TV in error. Which means that they cannot demand payment for it. So when (or if) they realise what they have done, then they should collect it at their own expense. The simple fact remains, they made the mistake and they should rectify it. Why should he have to notify them of the mistake? He is not at liberty to do so in this case.

This is purely a moral issue and some of you don't like the fact he is contemplating hanging on to it. That's fine, we all have different morals. Some of us end up with free TV's and some send them back.