TV Delivered after Order Cancelled

Pont

I ordered my parents a TV online. When it didn't arrive on the date specified I contacted the company who, after investigating, got back to me and said that the delivery company had lost the TV. As they didn't have a replacement they cancelled my order and gave me a full refund. I subsequently ordered my parents an identical TV from another company (which has now been paid for and received).

A couple of days later a delivery company brought a TV to my address. I signed for it assuming it was the TV from the second company, I later noticed that the label attached was from the first company. I emailed the first company and told them that the cancelled TV had turned up at my address, and as this order had been cancelled, could they please arrange to collect it. I waited for 5/6 days and had no reply so sent a repeated email to them. Another week has gone by and still no reply.

What do I do now? I'm not dishonest, a mistake has been made, and I've tried to put it right. However, got to admit, there's a part of me that thinks 'have I got a free TV?'.

neilmcl

Send a letter by recorded mail (keep a copy).

unholyangel

Well technically the goods werent unsolicitied, they were delivered to you by error.

I would do as the above poster suggests. Even give them a time limit in which to collect it at your convenience (second opinions please?) and make it clear that you will dispose of the tv as you see fit if you do not hear back from them.

That way your butt is covered if they try to chase you for payment - which i believe someone said they have 6 years to do!

Pont

Perhaps I should. However, I've let the company know twice via email and I know they've received the emails as I've received automated responses from them. I've, of course, got all of the emails (mine and theirs) stored on my pc.

Does anyone know how long the company has to arrange collection of the TV?

unholyangel

I think i may have seen something about a duty of care for a maximum of 6 months but i'll have a look and see if i can find it for definite.

Someone might post with a definite answer in the meantime though

unholyangel

(7) Where, at any time during the period of 21 days beginning with the day notice of cancellation was given, the consumer receives such a request as is mentioned in paragraph (4), and unreasonably refuses or unreasonably fails to comply with it, his duty to retain possession and take reasonable care of the goods shall continue until he delivers or sends the goods as mentioned in paragraph (5), but if within that period he does not receive such a request his duty to take reasonable care of the goods shall cease at the end of that period.

(8) Where -

(a) a term of the contract provides that if the consumer cancels the contract, he must return the goods to the supplier, and (b) the consumer is not otherwise entitled to reject the goods under the terms of the contract or by virtue of any enactment,

paragraph (7) shall apply as if for the period of 21 days there were substituted the period of 6 months.

Pont

unholyangel wrote: »

Well technically the goods werent unsolicitied, they were delivered to you by error.
Yes, herein lies my problem. My understanding is that the TV company will be claiming/have claimed from the delivery company as they 'lost' the TV. My contract with the TV company was cancelled by them. My guess is that the delivery company now 'own' the TV.

I would do as the above poster suggests. Even give them a time limit in which to collect it at your convenience (second opinions please?) and make it clear that you will dispose of the tv as you see fit if you do not hear back from them.
The thing is I'm not sure who exactly owns the TV now. I've contacted the TV company twice and received nothing back thus far. I'm surprised as their coms were really good when we were trying to find out why the TV wasn't delivered as specified.

That way your butt is covered if they try to chase you for payment - which i believe someone said they have 6 years to do!

I'm surely not expected to have a massive boxed TV on my dining room floor for 6 years. :eek:

unholyangel

Although i should point out that is the DSR in relation to cancelled orders once you have received the goods...............there may be a variation for orders cancelled before received.

unholyangel

Pont wrote: »

I'm surely not expected to have a massive boxed TV on my dining room floor for 6 years. :eek:

LOL no. If you've informed them you have it and give them a set time to collect it (say month max maybe?) and that if they do not contact you to arrange collection within this period you will do as you wish with the tv then it should absolve you of any duty of care.

Under the DSR the duty of care would last 21 days where they are responsible for collection. Where you have agreed to return the goods, it would be 6 months. However, your contract is already previously cancelled.

Sending them a letter recorded delivery giving them a month would show that you had been more than reasonable and had tried to have the goods returned to them.

Pont

unholyangel wrote: »

(7) Where, at any time during the period of 21 days beginning with the day notice of cancellation was given, the consumer receives such a request as is mentioned in paragraph (4), and unreasonably refuses or unreasonably fails to comply with it, his duty to retain possession and take reasonable care of the goods shall continue until he delivers or sends the goods as mentioned in paragraph (5), but if within that period he does not receive such a request his duty to take reasonable care of the goods shall cease at the end of that period.

(8) Where -

• (a) a term of the contract provides that if the consumer cancels the contract, he must return the goods to the supplier, and
  
  (b) the consumer is not otherwise entitled to reject the goods under the terms of the contract or by virtue of any enactment,
  

paragraph (7) shall apply as if for the period of 21 days there were substituted the period of 6 months.

OK Unholy - I'm not a legal boffin but I'll try my best! Me (the consumer) didn't cancel the contract the company did. Does this mean that after 6 months I can keep the TV if it isn't collected in the meantime?

Pont

Lol - we're cross messaging here - just read your 21 day post! Will contact them again asking them to arrange collection - think that is fair and honest. Fingers crossed they won't (could do with a little luck right now) ;-)