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Received bill for Newspapers that I didn't request but received.

2

Comments

  • adouglasmhor
    adouglasmhor Posts: 15,554 Forumite
    Photogenic
    gordikin wrote: »
    Do the unsolicited goods have to be kept for any length of time before being disposed of?

    No as soon as they deliver they are yours.

    http://www.goldsovereigns.co.uk/unsolicitedgoods.html
    The truth may be out there, but the lies are inside your head. Terry Pratchett


    http.thisisnotalink.cöm
  • Ivory_Tinkler
    Ivory_Tinkler Posts: 1,089 Forumite
    As this is a local newsagent (I would assume just a small shop/independent trader) the more common sense approach might be to call into the shop and try and discuss it amicably. The shop is at fault for still sending the papers and having poor management skills but we could be talking about a one man band here or even the shop being taken over by someone else who has now noticed the problem.
  • jrrowleyws
    jrrowleyws Posts: 652 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Diesel44 wrote: »
    Sorry !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
    I have amended my post.


    Even if your advice wasnt legally sound... it sounded sensible to me! Its only a £50 debt with a news agent. Try to sort it on normal terms before chucking in the law. But then again, some people just don't bother anymore and go down the "I'm right, I wont even talk, I'll just use the law".
  • pendulum
    pendulum Posts: 2,302 Forumite
    jrrowleyws wrote: »
    Its only a £50 debt with a news agent.
    At the moment, what happens when more bills arrive, the OP has not been paying for deliveries for over 2 years remember.
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    1,000 Posts Combo Breaker
    jrrowleyws wrote: »
    Even if your advice wasnt legally sound... it sounded sensible to me! Its only a £50 debt with a news agent. Try to sort it on normal terms before chucking in the law. But then again, some people just don't bother anymore and go down the "I'm right, I wont even talk, I'll just use the law".


    Check the thread title - "Consumer Rights". OP came to know his rights not personal views.
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    Check the thread title - "Consumer Rights". OP came to know his rights not personal views.

    Unfortunately there isn't a "Common Sense when actioning Consumer Rights would be over the top" board, so i think it needs to be integrated here.

    The point of a forum is to give different points of a view, otherwise they may as well go to Trading standards rahter than come here.
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    1,000 Posts Combo Breaker
    OlliesDad wrote: »
    Unfortunately there isn't a "Common Sense when actioning Consumer Rights would be over the top" board, so i think it needs to be integrated here.

    The point of a forum is to give different points of a view, otherwise they may as well go to Trading standards rahter than come here.

    True, but knowing rights and starting off from a position of knowledge is much better than blundering through.

    I don't think that it would be OTT for the OP to rely upon the Unsolicited Goods and Services Act here. If the OP wants to reach a compromise with the newsagent - and given that he has had the newspapers, morally perhaps, he ought to - then that is for him to determine.
  • babyblue2
    babyblue2 Posts: 34 Forumite
    Sorry i've been out but thanks to all those who've responded.

    Equaliser - I knew nothing about the unsolicited goods act. I have rung a consumer helpline who have say its a hard point to prove that the papers were unsolicited goods as I did receive the item weekly for 2 yrs and I could've done more to try and cancel. Having said that, they have recommended I write to them to ask for proof that I did order the newspapers because atm they do not even have my name. Unless they come up with my name they can't enforce the invoice either. I'm to tell them i'm taking legal advice and to give them 14 days to prove that I ordered the papers following my initial cancellation (the woman is no longer there).

    So thanks for your help because without it i'd be no further forward.
  • bingo_bango
    bingo_bango Posts: 2,594 Forumite
    Aside from the views above.

    It is a criminal offence to demand payment for goods sent unsolicited. See Sched. 1 of CPR's, number 29. This is enforced by Trading Standards.

    However, I would be wary of arguing that these goods are unsolicited. You stated in the original post that you DID have an order for these papers to be delivered. Although you have asked to cancel the order, it would appear that this was done verbally, so it will be hard to prove. Even if you did try twice.

    By continuing to receive the benefit of the papers and making no further representations to the shop since then (2 yrs approx) I would expect that the shop could argue that you have affirmed the contract. This would render you liable for the costs incurred by the shop at the very least, and the whole amount claimed as a maximum.

    Certainly try the Unsolicited Goods route, but just remember that there are 3 answers to any legal problem. Yours, the other party's, and the judge's. But if your opinion is ignored by the shop, and you then don't want to compromise, be prepared for number 3.
  • babyblue2
    babyblue2 Posts: 34 Forumite
    I have no problem paying at all, I agree I received the goods and I kind of expected a bill at some point, but on the other hand if i'm paying bills that I don't really need to....

    I am going to write to them (nicely) and see what happens. If they give up, fine, if not and they threaten court action (which at present they can't cos they haven't got my name), then i'll just be paying them.
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