Washing Machine delivered (not ordered) not collected - my rights

minimadtrix

Ok, let me set the scene.

OH goes into a warehouse place and enquiries about a washing machine that was not in stock (one on display was sold) - he gives his details, including phone number, to wait for them to ring to say they have one in / how much it will be to deliver etc.

We don't hear anything for a few weeks, go on holiday and then, just as we're landing back in the country (9 May), the person looking after the house rings to say you've just had a washing machine and they wanted cash on delivery. He told them that he didn't have the money because he didn't know it was coming, as we hadn't told him and he didn't have that sort of money on him.

So, the very nice, trusting delivery men leave said washing machine in the middle of our kitchen, still wrapped up, and leave.

We have the receipt/invoice for the washing machine, which clearly states COD and is made out in OH's name and address.

OH went to the warehouse a couple of days later and told them we hadn't ordered it and didn't want it and asked for them to collect it. So far, a month later, it hasn't been collected.

So, what are my rights - do they have so long to collect it before it is classed as mine of if they dont collect it, can they pursue us for the outstanding money?

Thanks in advance

MyRubyRed

Under the Unsolicited Goods and Services Act 1971, (as amended) it is an offence to demand payment for goods known to be unsolicited, in other words, they were sent to a person without any prior request made by them or on their behalf.

Someone who receives goods in these circumstances may retain them as an unconditional gift, and does not have to pay for or return any unwanted goods. Anyone who receives a demand for payment for unsolicited goods should report the matter to their local Trading Standards Department.
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.

Can you give me the name of the warehouse please? I need a new oven!!!

minimadtrix

Thanks for a prompt, clear and concise response MyRubyRed.

That means it'll make a new house warming present when we move!! :j:j

MyRubyRed

Still waiting for the name... can't last with a George Foreman grill forever

minimadtrix

LOL - it's a place in Mablethorpe, Lincs. We've enquired about stuff before but this is the first time we've ever been given a freebie!!

MyRubyRed

Ah well.. story of my life I'm at the other end of the country so no joy for me there.
Just make sure your OH didn't actually place an order when he made the initial enquiry. Should be paperwork if he did. Without it I believe you are home and dry (and clean LOL)
xxx
Ruby

OlliesDad

This wouldn;t be covered under the Unsolicited Goods Act as it was obviously an error (company thought your OH was ordering a unit) rather than a deliberate act to send unsolicited goods.

i would send a letter to the company highlighting suitable dates and times for collection and giving them X amount of days to collect it.

In order to legally keep the unit, you would have to prove that you have taken reasonable steps to allow the company to collect.

MyRubyRed

OlliesDad wrote: »

This wouldn;t be covered under the Unsolicited Goods Act as it was obviously an error (company thought your OH was ordering a unit) rather than a deliberate act to send unsolicited goods.

i would send a letter to the company highlighting suitable dates and times for collection and giving them X amount of days to collect it.

In order to legally keep the unit, you would have to prove that you have taken reasonable steps to allow the company to collect.

You will see from my last post that I asked the OP to ensure no contract had been entered into. If there had been then the OP should have paperwork in support. If there is any doubt then I would agree with your suggestion in giving the company time to collect.

Googlewhacker

OlliesDad wrote: »

This wouldn;t be covered under the Unsolicited Goods Act as it was obviously an error (company thought your OH was ordering a unit) rather than a deliberate act to send unsolicited goods.

i would send a letter to the company highlighting suitable dates and times for collection and giving them X amount of days to collect it.

In order to legally keep the unit, you would have to prove that you have taken reasonable steps to allow the company to collect.

Would you suggest a letter as proof?

It seems like a genuine error to me and really the OP should do the right thing and inform the company again.

And OP it is not a freebie untill after the 6 months have happened

toffe

Olliesdad and googlewhacker are wrong. This would (based on your original post) be classed as unsolicited goods.

It may be a mistake and if so there may be a moral argument that if they are happy to collect you should allow them but that's a moral not legal argument.

If all your OH did was enquire about the goods and leave his details and ask the shop to give him a ring when they had some stock then he did not place an order, as has been said if there was an order placed there should be some paperwork to confirm this.

If not then it is unsolicited goods, if people were allowed to do this all shops would have to do is trick us into giving them our address and send whatever they liked then demand payment, thats why the law exists, it's easy for a company to comply with this legislation and not make mistakes by having a standard ordering procedure whereby a customer signs a written (or printed) order form before delivery.

I don't feel sorry for the retailer, they haven't even bothered to pick the item up after being told the customer didn't want so they have had every chance to rectify but have not done so.

OlliesDad

toffe wrote: »

If all your OH did was enquire about the goods and leave his details and ask the shop to give him a ring when they had some stock then he did not place an order, as has been said if there was an order placed there should be some paperwork to confirm this.

What paperwork? As there is no law that states a receipt is needed there never needs to be paperwork (except for tax purposes but as no payment has been taken there is no need for that).

In addition, when the courier attempted delivery he requested payment, the person in the house accepted the goods advising the driver that he would have to come back later for the money for the owners to be there.

I think that the Wikipedia explanation describes it best:

"Goods that are sent in error are not unsolicited. They remain the property of the seller."

As i said in my original post, i would contact the seller and give them X amount of days to collect, and if they still do nothing, then keep them.