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

hairy_g

much better advice here:
http://www.consumerdirect.gov.uk/after_you_buy/making-complaint/template-letters/DSR_unsolicited/

Foggster

OP - Do you want this washing machine? Isnt it the one your OH enquired about? Had they called and told you it was back in stock, would have bought it? Are they charging you more than the price your OH saw it? Is the delivery charge unreasonable?

You would have had to wait blooming weeks and weeks for one of the big boys such as Currys to deliver and your OH wouldnt have been able to leave his contact details for someone to contact him when one came back into stock.

I praise our local electrical store, which will price match Comet, Currys etc. and then deliver the SAME DAY you see it in their shop.

I have had a google, found the store I think you have "obtained" this machine from and feel you should stuff the Acts and Legislations and write to them and give them 14 days to pick up. Or do what you were originally going to do and buy the blooming thing, after all, you not only enquired about the machine but your OH left his details which to me sounds like he REALLY wanted it.

toffe

OlliesDad wrote: »

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)..

Maybe not, but how is the trader going to prove the goods were ordered and not unsolicited without some proof of an order being placed?

OlliesDad wrote: »

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..

This has no legal bearing, the person in question was not the "customer" he told the courier as much, he also stated that the intended "customer" had not advised him of any expected delivery yet despite the "customer" not being there and payment not being made they left the goods anyway.

Furtermore, when the owner did arive home and notified the seller of their "mistake" they took no action to rectify their mistake and a month has now passed, the goods are the proprty of the op, at least in the eye of the law, whether you like it or not.

OlliesDad wrote: »

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.

did you not read the whole of the op? they gave them a month, they haven't collected the goods, it's all there in post 1 try reading before posting false information.

OlliesDad

toffe wrote: »

Maybe not, but how is the trader going to prove the goods were ordered and not unsolicited without some proof of an order being placed?

How is the OP going to prove the items werent ordered? It is obvious in this situation that there has been a misunderstanding and a court would see that too. Why would a store take full address details in order to call a customer when an item is in stock??

This has no legal bearing, the person in question was not the "customer" he told the courier as much, he also stated that the intended "customer" had not advised him of any expected delivery yet despite the "customer" not being there and payment not being made they left the goods anyway.

Indeed, the person in question accepted the goods on their behalf. Also, according to you there is no customer as they are unsolicited goods and therefore no contract. Make up your mind.

Furtermore, when the owner did arive home and notified the seller of their "mistake" they took no action to rectify their mistake and a month has now passed, the goods are the proprty of the op, at least in the eye of the law, whether you like it or not.

Which law are you referring to?

did you not read the whole of the op? they gave them a month, they haven't collected the goods, it's all there in post 1 try reading before posting false information.

I read it all perfectly thank you. Just because you don't agree, it doesn't make it false information. In order to keep it legally they would need to prove that they took reasonable steps to ensure the seller was informed. That is why i suggested to send a letter as a last effort.

To suggest that the OP has no obligations at all and that they are comfortably covered by the Unsolicited Goods Act is foolish and careless.

Valli

OlliesDad wrote: »

How is the OP going to prove the items werent ordered? It is obvious in this situation that there has been a misunderstanding and a court would see that too. Why would a store take full address details in order to call a customer when an item is in stock??

the boot is on the other foot - it's up to the retailer to prove the good WERE ordered.

Maybe they took address details in order to quote for machine+delivery; some stores charge according to distance of puchaser from shop/warehouse.

toffe

OlliesDad wrote: »

How is the OP going to prove the items werent ordered? It is obvious in this situation that there has been a misunderstanding and a court would see that too. Why would a store take full address details in order to call a customer when an item is in stock??



Indeed, the person in question accepted the goods on their behalf. Also, according to you there is no customer as they are unsolicited goods and therefore no contract. Make up your mind.


Which law are you referring to?




I read it all perfectly thank you. Just because you don't agree, it doesn't make it false information. In order to keep it legally they would need to prove that they took reasonable steps to ensure the seller was informed. That is why i suggested to send a letter as a last effort.

To suggest that the OP has no obligations at all and that they are comfortably covered by the Unsolicited Goods Act is foolish and careless.

your whole point of view is wrong because you have flipped the burden of proof around onto the op and the op has no burden of proof.

If it worked that way around imagine how easy it would be for traders to send you thousands of pounds worth of goods and then demand, prove you did not order them or pay up.

giving an address does not constitute an order, last time i bought some building materials from wickes they asked for my address and postcode so that they could "monitor how far customers travel to shop with them" so does this mean now that if wickes send me a new kitchen appliance i must prove i did not order it or be liable for the cost?

No it does not.

The op told the trader he did not want the goods and did not order them, they did not collect, they are unsolicited, simple as that.