Id fraud/catalogue/our rights...help!

janthemum

I hope I have posted in right place.

I will try not to ramble here goes...

OH recieved a statement from 'Very' catalogue today for £360. He has no account with them and never has. a selection of items had been ordered over december with special deliveries for a morning slot.

He knew sraight away it was ID fraud and they said the items were being shipped to a midlands address and we live near london. Apparantly they got suspicious and stopped anything else being shipped. Obviously they had given bogus date of birth etc. So no denying on any side it is ID fraud.

Now....on 23rd dec we recieved a package left on front door step, no advice note etc in it and inside was a bottle perfume (£42 worth we have now found out) as we enter comps we presumed it was a win as small wins often come with no acknowledgment slip; and even OH posted on WIN board on this site

So of course we opened it and tried it and were happy with our 'win'

But now this 'win' is itemised on this statement from very, the only item they had sent to our address (perhaps to make it look genuine to have something coming to registered address). So of course we told 'Very' on phone we had recieved this had no idea where it had come from thought it was a win but they are demanding we pay the £42 as we have opened it. I dont want the perfume i didnt choose it and didnt order it and happy to send it back. They said we must pay for it although recognise the id theft etc.

What are your views on this please. OH was going to pay by credit card there and then over phone but for the moment it has to be paid in the tome it says on the statement the fraudster set up!! why should we pay for what they ordered!

Your thoughts please. thanks

janthemum

Just to clarify they say we have to pay as we actually opened the perfume bottle. of course if we had ordered it i understand of course we would have to pay. But surely we and 'Very' are covered in this way. I am not trying to do them in any way I dont want it and they can have it back....

Lil_Me_2

I think you'd be covered as the perfume were unsolicited goods so they shouldn't be requesting payment or the goods back.

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_goods_your_rights.htm

Charging for goods you didn't order

Sometimes a trader tries to charge people for goods that they haven't actually ordered. This is against the law. It could happen when a trader sends you an advert for goods and includes a document that looks like an invoice, to give you the impression that you've already ordered the goods and now must pay up. It can also happen when you’re sent goods you didn't order and the trader demands immediate payment or the return of the goods. If this happens to you, you should report the trader to Consumer Direct – see under the heading Further help for contact details. You shouldn't pay the trader anything.

I'm no expert so feel free to correct me if I'm wrong

wuckfit

this is a tough one, on one hand, I agree in theory with Lil_Me about the unsolicited goods. However I don't know what law takes precidence in a Id fraud case such as this. I think you will need to take specialist advice on this as it sounds complicated, given that the entire bill is in dispute.

Alias_Omega

What i find funny is that Very can attempt to charge you for something, that you have not ordered. Nor entered into a contract with.

You did not sign a CCA to the account, nor agree to any terms over the telephone.

I would like to see how they proceed with this through a debt collection agency.

Sorry i cant help further.

janthemum

Thankyou for all your very helpful interesting replies. i will let you know further updates.

SarahMoon

Alias_Omega wrote: »

What i find funny is that Very can attempt to charge you for something, that you have not ordered. Nor entered into a contract with.

You did not sign a CCA to the account, nor agree to any terms over the telephone.

I would like to see how they proceed with this through a debt collection agency.

Sorry i cant help further.

When applying online don't they take you entering your surname/ticking a box becomes an electronic signature (However if this is ID theft it would have obviously been done by the fraudsters)

You need special advice, Something you won't get here go see a solicitor or if you have ID theft protection contact them

pinkshoes

Tell them to bill the address in the Midlands, as they obviously ordered it!

I would just return it opened as unsolicited goods, although I would insist they pay for the return delivery, as you did NOT order it.

fishingcinema

I would start by asking them for your origional signed cca agreement as i am 110% sure they can not provide this to you,

And as they agree that it is identity theft and you did not order the goods i would do as another poster has mentioned offer them the purfume back on the grounds they pay for the return,

Say to them they have 7/14 days to collect the purfume or it will be disposed of as is unsolicited goods

Hopefuly you have not been using there stupidly expensive number but if you have use this one 0800 180000 (got it from say no to 0870.com and use it for my very account)

Hope you get it all sorted soon

SarahMoon

fishingcinema wrote: »

I would start by asking them for your origional signed cca agreement as i am 110% sure they can not provide this to you,

And as they agree that it is identity theft and you did not order the goods i would do as another poster has mentioned offer them the purfume back on the grounds they pay for the return,

Even if it proven to be identity theft there still will be a electronic CCA. So one will exist!

I_know_my_ABC_and_my_CMYK

fishingcinema wrote: »

I would start by asking them for your origional signed cca agreement as i am 110% sure they can not provide this to you,

And as they agree that it is identity theft and you did not order the goods i would do as another poster has mentioned offer them the purfume back on the grounds they pay for the return,

Say to them they have 7/14 days to collect the purfume or it will be disposed of as is unsolicited goods

Hopefuly you have not been using there stupidly expensive number but if you have use this one 0800 180000 (got it from say no to 0870.com and use it for my very account)

Hope you get it all sorted soon

This wouldn't stand up anyway as the law changed in 2007 regarding cat accounts. No signed agreement means you have an agreement that you cannot get out of paying.

The OP did not request all the items and has shown it to be fraud which means they are not liable anyway