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bizarre one!

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Comments

  • bingo_bango
    bingo_bango Posts: 2,594 Forumite
    I'm afraid they don't have any such right.

    Schedule 1 of The Consumer Protection from Unfair trading Regulations 2008 contains a list of 31 banned practices. Any trader found to be trying to demand payment for goods, or the return of goods sent to a consumer unsolicited (as would be the case here if not a forgotten comp win) is a criminal offence.

    There is no requirement for you to do anything other than open it up, switch it on, and enjoy! Ignore the morality police. Currys can afford to lose the odd laptop.
  • Charliezoo
    Charliezoo Posts: 1,732 Forumite
    I had two mobile phones left on my doorstep a few years ago. They weren't particularly good ones and were of no use to me so I phoned the catalogue company on the paperwork where I spoke to a very rude employee who basically said "well what do you expect me to do about it?"

    I guess they must just write stuff like this off, maybe its simply too much hassle to deal with mis-sent items? All I know is that I won't bother being so honest next time, I wouldn't waste my time/phone bill trying to chase up something that wasn't my problem in the first place.

    I'd keep the goods until they decide they want them back, I'd have thought its up to them to contact you.
  • bingo_bango
    bingo_bango Posts: 2,594 Forumite
    The second option. It is a strict liability offence if they attempt to seek payment now. It therefore doesn't matter if there was an intention to use a 'cheeky sales technique' or not as there is no Mens Rea element to the banned practice. Therefore they do not have a leg to stand on.
    What this now means is that a trader can be prosecuted should they attempt to recover the goods. In essence, the answer to your question is that any goods sent to someone in error cannot be recovered.

    They cannot instruct anyone to take action on their behalf either, as that would be an inducement to commit a criminal act, so no nasty debt collectors getting involved! It may seem like a bizarre law, but it is there to protect the innocent consumer, whether they actually enter into a contract or not.

    Also, there is no provision which states you cannot use the goods for 1 month, 3 months, 6 months or anything like it. If you have received them, then they are yours, and you can do as you wish with them.
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    Although it is illegal for them to seek any payment for the goods, they are within their rights to arrange to collect the goods, but it must be at your convenience.

    The full information can be found here:

    http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=50&NavFrom=2&parentActiveTextDocId=1366984&ActiveTextDocId=1366984&filesize=38108

    The problem with law is that there has to be a certain amount of common sense applied. If it is a genuine error, then a court can make exceptions as long as it is reasonable to do so.
  • m1618
    m1618 Posts: 38 Forumite
    Part of the Furniture Combo Breaker
    Is it possible that it's a gift from a friend or relative, and they want to donate anonymously?
  • Simon949
    Simon949 Posts: 17 Forumite
    edited 12 November 2009 at 12:22PM
    I would love friends or relatives like that :rotfl:

    I know it's not quite in the same catergory but a few years ago, Gillette sent me a brand new razor and shaving gel out of the blue. I couldn't remember registering at the site and I asked everyone I know if they knew anything about it and no one did.

    I still have the razor, nobody ever asked for the goods back.

    The only advice I would give to the OP is (and I don't mean to be a scare monger) if you do decide to use it be very careful, get it checked out first. I have heard stories of people in high powered positions in the states, like the Pentagon being sent unsolicited. When they checked out the laptops it turned out they had all kinds of viruses and key loggers, both hardware and software. Apparently the hope was that these people would use the "free" laptop at work and that way the bad guys would gain access to sensitive information. I haven't heard of it happening in the UK and if you're not in a high powered job then it's not so much of a problem but i wouldn't do any online financial transactions until it is checked out.
  • pendulum
    pendulum Posts: 2,302 Forumite
    In essence, the answer to your question is that any goods sent to someone in error cannot be recovered.
    Rubbish. Your interpretation of the Act does not tally with mine.
  • What the OP has failed to mention, is that the box is in the trash, and the laptop is typing his posts........ Just don't ask for any advice if it goes faulty and currys only offer a repair....
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