Money Moral Dilemma: Should I drink the milk?

Former_MSE_Lee
Former_MSE_Lee Former MSE Posts: 343 Forumite
edited 6 July 2010 at 7:58PM in MoneySaving polls
This is a real life MMD so please bear in mind the MoneySaver in question will read your responses:
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Should I drink the milk?

A few weaks ago a bloke knocked to try and talk me into having my milk delivered. Even though I said no, today there were 4 litres on my doorstep. I've rung them, in case its on the wrong doorstep but no answer. In the heat it's obviously going to go off, so should I use it myself or leave it in case they call?
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  • [Deleted User]
    [Deleted User] Forumite Posts: 2,175
    Part of the Furniture 1,000 Posts Combo Breaker Name Dropper
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    I'd take it and use it. If he asked for it back, I'd remind him that we have no contract, written or implied, and he should think twice in the future about leaving his property alone on a public street.

    I suspect that would be the end of it, as in order to recoup the cost of 4 bottles he'd have to sue me, without a leg to stand on.
  • Elsinor
    Elsinor Forumite Posts: 6 Forumite
    Definately dont use it,as soon as its opened by you in some cases it could be argued that you agreed to the contract by accepting the product-very sticky problem.
    Personally,if their depot is not too far away,I would redeliver to them with a letter saying something along the lines of,I think you made a mistake,trust it wont happen again.Oh and keep a copy of letter and confirmation of redelivery.
  • Lemoncurd
    Lemoncurd Forumite Posts: 964
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    This reminds me of the time someone visited and brought with them a bottle of milk. Not wanting to put the empty bottle in the recycling if it could be reused I left it outside our back gate (right next to where the neighbours had milk delivered). The next morning I looked out to see a new bottle of milk at the bottom of the garden!
    Sent the milk company a message saying that we hadn't requested any milk but never heard from them again.

    I checked that it wasn't meant for the neighbour before putting it in the fridge, can't remember if we actually used it,
  • plimsoll
    plimsoll Forumite Posts: 153 Forumite
    I would at least put it in the fridge for now to stay cold even tho if they did take it back they probably couldn't redeliver cos of the Safety Elf. Then ring them & make decision based on conversation.

    I recently agreed to try milk delivery (not MSE tho so prob gonna cancel soon plus annoying me that sometimes I'm waiting for it lol) & first day I got left 1 organic semi & 1 normal semi when I'd ordered 2, called depot (well 0845 no grrr) & got told was arranged for it to be collected next morning, so put out, not gone by 9am when left so put back in fridge & left out again with a note 2 days later when next due delivery. I didn't want it argued that I'd "accepted" substitution by drinking it so to be charged, & def didn't want milkman to think that substitution would be acceptable in future.
  • gravitytolls
    gravitytolls Forumite Posts: 13,558 Forumite
    Stick it in the fridge, if no one's asked for it by the end of the day, use it, shame to waste it, especially four litres.
    I ave a dodgy H, so sometimes I will sound dead common, on occasion dead stupid and rarely, pig ignorant. Sometimes I may be these things, but I will always blame it on my dodgy H.

    Sorry, I'm a bit of a grumble weed today, no offence intended ... well it might be, but I'll be sorry.
  • Martinslovechild
    Martinslovechild Forumite Posts: 1,560
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    I hope it's not a pint of Cravendale.

    Apparently, it tastes so good that the cows want it back

    :rotfl:
    Mortgage Feb 2001 - £129,000
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    Original Mortgage Termination Date - Nov 2018
    Mortgage Interest saved - £63790.60
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  • Pellyman
    Pellyman Forumite Posts: 53 Forumite
    edited 6 July 2010 at 11:47PM
    Methinks somebody is trying to milk you! (Sorry)
    Telephone them again in the presence of a witness, ideally from a land line so you have proof if you are connected. Put the milk in the fridge, if you have the space. Leave a note on the doorstep before you go to bed - 'No milk ordered or required - Please arrange to collect yesterday's unwanted delivery'.
    Then you will have done your bit at the cost of a 'phone call.
  • tahariel
    tahariel Forumite Posts: 38 Forumite
    If you didn't sign anything I would take it in as a gift!
  • GraceCourt
    GraceCourt Forumite Posts: 315
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    Elsinor wrote: »
    Definately dont use it,as soon as its opened by you in some cases it could be argued that you agreed to the contract by accepting the product-very sticky problem.
    Personally,if their depot is not too far away,I would redeliver to them with a letter saying something along the lines of,I think you made a mistake,trust it wont happen again.Oh and keep a copy of letter and confirmation of redelivery.

    No... this completely misinterprets the legal position. Contract law is complex but in these circumstances there could never be a contract, especially given that where two parties to an imputed contract have differerent understandings of the terms and conditions of the contract, it is void from inception.

    If he even asks for payment in these circumstances, a prima facie criminal offence is committed by him contrary to Section 2(1) Unsolicited Goods and Services Act 1971.
  • dianauni
    dianauni Forumite Posts: 15
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    Just drink it and forget all about it. You have tried to contact them about it so why waste your time and money phoning them again or taking the milk back. They are not going to cause you any trouble over 4 litres, way too much hassle. Anyway it's only your word against theirs - who's to know what happened to the milk? Only us here!!!
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