Items I haven't ordered been received - what to do?

across

i have had a next account for years (since 1980s) and ive never had a problem returning anything they may say 14 days but they are very easy going in my experience i always return everything to my local next shop just whenever i can and they give you a reciept and it goes straight through to your account.(they probably say 14 days to make sure it gives enough time to go back onto statement it doesnt mean they wont have the goods back) as for being charged interest you would only get interest if you dont pay the balance off at statement date so you just have to keep an eye on which goods land on which statement they give do you plenty of time before any interest is applied and if you forget to return any items just ring them up and explain you overlooked an odd item they will help if they can see that you usually pay it all off. hope this helps i have recieved other peoples items in the past it is just human error and when i returned them there was no problem, once i ordered a little tykes rocking cow for niece and they sent three!!!! but i just returned the other two asap! good luck !

-=Mr-J=-

wrt to the interest, I believe there are two scenarios:

1) If the OP pays everything for the items they did order, but nothing for the items they did not order, will they get any interest refunded for which they are charged on the outstanding balance. This is a clear cut case, and provided the non-order stuff is refunded, the interest should go too.

2) If the OP pays a portion of what they ordered, but nothing for the items they did not order, will they get the interest refunded on the non-ordered items (presuming they are refunded / not-charged). I think this depends on how good the CS is with the calculator or if you get lucky and they just refund the interest for that statement period.

I'd personally go for option 1, and keep it simple - even though there is the possiblity of negating some interest with option 2.

-=Mr-J=-

wrt to delivery returns, It is possible that Next take consideration of the cost to collect the goods in comparison to writing them off.

e.g. £30 to administer a collection, inspect and re-stock vs. £10 goods value would leave Next £10 out-of-pocket.

This might be the case when considering the three failed deliveries (goods damaged on receipt) to my parents. No point in collecting goods they will have to dispose of anyway!

I have had this with a software company called 'Select', the guy on the phone told me to keep the item rather than them arrange return because "it was cheaper".

stugib

JohalaReewi wrote:

However, in the case of unsolicited goods received before 1 November 2000, the recipient is required to give notice to the sender to collect them within 30 days, or otherwise to wait for 6 months, before being able to treat the goods as their own property.

That's something I didn't know had changed. Thanks for the info.

JohalaReewi wrote:

In the OP's case, it would seem that extra items have been included in with her order that she didn't order, so they are unsolicited.

See that's where I disagree. Yes, you can interpret the law strictly in that way but this wasn't Next sending something out of the blue. It's obviously a system or user error and I don't believe trading standards or a court would interpret the law to mean that company mistakes when processing an order should be written off as gifts, especially if the recipient has avoided telling them of their error (I know there's no legal obligation for them to do so but I don't think it would be looked on favourably). Of course the recipient shouldn't be out of pocket for the sender's mistake but laws generally aim to be fair to all parties.

I know different laws apply to this situation, but consider a bank mistakingly transferring money to your account. It doesn't become yours (legally or morally), and I can't see the DSR would've been written in the way you're interpreting it.

JohalaReewi wrote:

However, it would be courtesy to inform Next they have sent items she didn't order and if Next want to, they can arrange collection at their expense.

Quite! I still don't see how the OP has been 'wronged'. By all means make it into a legal fight and set a precedent if you've got deep pockets.

shelly

matto wrote:

Just receieved a whole load of stuff from Next directory half of which was ordered online and half of which wasn't ordered but was in my "shopping bag" althoug I deleted it before checkout.

I have the printout of the order confirmation which shows I ordered £££ and no sign of the stuff I deleted. I have received much more though.

Any ideas on how I can play this one? Can I play hardball and holdout for some sort of compensation? I have a feeling as its credit they can't charge me for it unless they have some proof. But maybe their proof differs from my proof??

Next Directory really !!!!!! me off and if it wasn't for the missus I'd have cancelled long ago. Cancelling isn't an option.

I can't believe questions like this keep popping up on this site. The answer is simple common sense IMO. Call them and tell them you have goods you haven't ordered and don't want. How hard can it be?

matto

Trouble is its not quite as straightforward as sending all the stuff back.

The missus wants some of the stuff that they have sent in error (and I have to pay for it). I don't particularly want to keep all the stuff so its just a case of coming to a suitable arrangement I think. We're talking over a dozen extra items here, slightly more than half the total order.

I rang them and told them of their mistake straight away. I rang them again this morning to discuss things further now I'm more informed. Its amazing how their attitude changed when I said I was happy to wait for a full explanation as I wasn't going to return the goods until I had got one. Suddenly supervisors who were otherwise engaged became available. Anyway I'm now waiting for another supervisor to ring me back.

I've sorted out enough of Next's mistakes in the past to simply lie down on this one.

across

matt dont worry if i were you i would just keep the items that missus wants and return the others back to nearest shop were they will credit youre account for the ones returned then the ones you keep will just appear on your next statement and as long as you pay balance in full then there will be no interest so please dont worry about that. it sounds like the problem was just to do with online shop you did and confusion over the shopping basket if i were you i would just telephone the order in future i have done this for years and there is no complications as a norm! good luck!

Ouro

I did this recently in Law at college Like people have said if Next don't reclaim the goods (i.e. collect or pay for postage) within 6 months they become yours and if you notify them then they have 30 days.

Just remember though if they ask for them back they have to pay the postage charges, don't let them make you pay it.

-=Mr-J=-

Ouro wrote:

I did this recently in Law at college Like people have said if Next don't reclaim the goods (i.e. collect or pay for postage) within 6 months they become yours and if you notify them then they have 30 days.

Just remember though if they ask for them back they have to pay the postage charges, don't let them make you pay it.

That's 'old school'.

The Law changed and what you say above only applies to goods recieved before Nov-2000.
Goods recieved after that are yours 'as a gift', with no correspondence needed.

This was also said above, see Post #12.