Duplicated mobile phone order.

Superdan

Hi folks hope i'm in the right place for a little advice here.

I've just upgraded my phone to a newer model and the very large mobile phone company that I deal with has obviously had some major malfunction as they have duplicated the order not once but twice!!

Now your thinking lucky you? I now have three brand new mobiles but they all arrived as separate parcels and i've signed for all three.

The obvious question is what do I do with them? Like everyone money is tight and these would fetch at least £150 each on ebay which would pay a chunk of my credit cards but I feel guilty and like I should ring them and let them know of there error!!

What should I do? Does anyone know where I stand legally? My friend said it could fall under the unsolicited goods act and that they have no right to reclaim them but I do feel rather guilty!!

Esqui

Let them know they have sent you two extra phones. Legally, I'm not sure where you stand (after all, you did order from the company). Morally, it would be wrong for you to profit from a genuine mistake/computer error.

blue_haddock

i seem to remember that if you inform them that they have sent them to you they have to arange to pick them up within a certain time frame (6 months) If they dont collect them they eventually become yours.. If they do arrange to collect them i would push them towards a good will gesture to you such as a line rental credit or something similar.

Blacksheep1979

What are you going to do if you sell them on ebay and the company come back in a months time and realise what's happened and ask for them back? Then as you don't have them they try charge you the full retail value (which will be significantly more than you get from fleabay).

You have to inform them and then give them chance to retrieve their property.

DaisyFlower

Superdan wrote: »

What should I do? Does anyone know where I stand legally? My friend said it could fall under the unsolicited goods act and that they have no right to reclaim them but I do feel rather guilty!!

They have every right to reclaim them, unsolicited goods are an order out of the blue where you have made no purchase, this is a stock error on an order you made.

If your new phone had been mis-delivered to another address would you be so laid back and say "oh well, i'll let them sell it to make a little money".

To keep the spares without informing the company is theft pure and simple.

olly300

I wouldn''t keep the spares or sell them on without first writing to the company and telling them to come and collect them.

A few years ago Three sent out 2 mobile phones to me. I only actually received one as it was sent by special delivery, the other was sent by courier and as no one was in it was returned to the depot. Roll on 2 months and they were charging me line rental for both mobile phones. I had a long fight with them where I had to threaten to take them to court and involved the regulator before the issue was sorted out.

I suggest you write to the mobile phone company by recorded delivery asking them to come and collect the phones at a mutually convenient time OR send you pre-paid special delivery envelopes for you to send the phones back to them. Keep both your letter and recorded delivery receipt.

If you phone them then due to how useless customer service departments are they can give you the wrong information, then chase you up 6 month later for the cost of the phones stating you didn't contact them and you ordered all the phones. (Yes customer services can lie or be deliberately obstructive if it's easier for them. )

If they then try and charge you for the phones after you have written to them due to either not trying to collect them at a convenient time or not sending your pre-paid envelopes for you to send the phones back, then phone up OFCOM's advice centre and get advice.

Jakg

Send them a recorded delivery letter giving them 28 days to arrange to collect the phones or they become yours.

Superdan

Thanks for the replies poeple.

Firstly to the your a thief, jumped up I've never stole a penny angel brigade. I'm an honest guy and did not intend to steal anything. I came on this board for advice so I had some ammo to throw at the mobile company when I ring! (We all like a discount don't we?) Yes if I found a loophole I would be keeping the phones and flogging them but if they want them back they can have them!

I've read quite a few of the posts on this board since last night and its a board i've not really visited before! There seems to be a lot of people keen to jump down peoples throats when really most people are looking for genuine advice and a little help in life. My Mum used to have a saying if you've nothing nice to say don't bother. I'd like to extend that with if you've got nothing positive or helpful to the OP keep your beaks out and wind those necks in!!

Many thanks to the helpful posters and if anyone has the real legal view on it I'd be very interested to hear it.

Thanks

baza52

So are you looking for a way you CAN keep them?
If you are, why not ask that question instead.

Butlers1982

To keep the spares without informing the company is theft pure and simple

Exactly

So are you looking for a way you CAN keep them?

Of course!, thats always the case with this type of question

I'd like to extend that with if you've got nothing positive or helpful to the OP keep your beaks out and wind those necks in!!

what you really mean to say is if you cant tell me how i can legally try to argue that these mobiles are mine then dont reply.

VERY mature attitude. If someone doesnt agree with you, you dont want them to speak . . . . .

Norant

Good grief.

There is little need to jump down peoples necks because you dont like the answer.

Take a tip from the few that have given you good advice,write to them and give them a deadline to come and retrieve the mobiles.if they do not respond or if they do not come and collect rewrite to them and tell them it is your intention to sell the units if they do not collect them.


Good luck.