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Real Life MMD: Should I send the wallpaper back?

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  • WhistlersMother
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    According to the Sale Of Goods Act, the extra rolls of wallpaper are 'unsolicited goods'. You do not have to inform them that they have been delivered and they have to prove that you have received them. You should certainly not pay yourself to return the wallpaper as it was not your mistake.

    If they demand payment, you can advise them that the wallpaper consists of unsolicited goods and that they have three months to collect them from you at a time of your convenience, not theirs (ie. you do not have to take a day off work if they can only collect during the week, make them come in the evening). If they charge your credit / debit card for the extra rolls, you can demand that your bank repays the money into your account and cancels any charges, as it was an unauthorised payment.

    If they have not collected the wallpaper within three months plus one day, the extra rolls of wallpaper become legally yours and you can do with them what you like. I'd put them on ebay.
  • Losinmoney
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    I'm always trying to declutter, so all those extra rolls of wallpaper would do my head in. Take them back.
  • pmortl
    pmortl Posts: 30 Forumite
    First Post First Anniversary Combo Breaker
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    Interesting points tryfive, I personally would contact the store and inform them of the error. You'd always be looking behind you waiting for a call or knock at the door, it's not worth it. The company will eventually find out, they all do stock taking and will eventually track down the error. You'll sleep better too.
    Mortgage Started Nov 2018
    2 year fixed 1.78%, £336pcm, 23yrs 2 mths remaining
    Deal ends 30/11/2019
    Current Balance 23/8/2018 £76K
    Want to be Mortgage Free by Dec 2022
  • essexfan_2
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    I had the wrong shed delivered some years ago. I contacted the company 3 times to pick it up, finally got fed up & gave them a reasonable date to pick it up by. As far as I know its still being used in the garden of the house we sold in 1994!! Clear conscience.
  • AdamUK01
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    Contact them and inform them of their error. If you do not contact the company immediately you are showing that you intend to keep the property that does not belong to you permanently. This would be the case regardless of whether you later agree to return the wallpaper if the error is found out.

    You don't just have a moral obligation to do so but a legal one! You essentially have to inform the company telling them that they have to collect the goods asap, then you have to give them a reasonable time to collect the goods, which will be months rather than days. People have gone to prison for doing far less than this!! The price you would have to pay if found out would be far greater than the cost of the wallpaper you gain. Do you want to be dragged through the criminal courts and perhaps your photo being in all the local newspapers?! Whilst this may never happen, there is always the chance that it will.

    Even if the mistake is not found out, how can you live with yourself?! Someone may lose their job over this! Your "moneysaving" may cost someone their home when they lose their job and can't afford to pay their mortgage. An employer doesn't need to have proof of theft to sack someone for theft, they only need an honest belief of serious misconduct i.e. that the employee stole something. Imagine if only one person was in charge of dispatch that day and all this wallpaper went missing on that day (seriously companies do regular stockchecks), the employer may well dismiss the employee. That employee would unlikely get another job when the prospective employer finds out that the employee was dismissed because of suspected theft!
  • WhistlersMother
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    pmortl wrote: »
    Interesting points tryfive, I personally would contact the store and inform them of the error. You'd always be looking behind you waiting for a call or knock at the door, it's not worth it. The company will eventually find out, they all do stock taking and will eventually track down the error. You'll sleep better too.

    You wouldn't always be waiting for the knock on the door, because it wasn't your mistake. The company sent too many rolls and it cost them, tough on them. After three months and one day, the wallpaper becomes legally yours (I'll repeat that for all those idiots who think it's stealing, they become LEGALLY yours) according to the Sale Of Goods Act. After that time, no one can demand the goods back or demand payment, or send the police round!
  • alfacat
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    Similar thing happened when I ordered my daughter's car seat from Mothercare... the seat was delivered as it should have been, then three days later a further identical car seat arrived.

    I called the branch of Mothercare which I had originally ordered from, the lady I spoke to said she'd contact the couriers to pick it up, which they never did. I hung onto the spare for six months and eventually sold it, still in its box to a friend of a friend.

    Maybe I'm brazen, but have never felt any guilt about this as I gave Mothercare the opportunity to recitfy the situation.
  • YeOldOne
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    Legally the goods are not yours as you have not paid for them.

    You need to inform the person/company who sent you the extra rolls and make arrangements with them to have the extra wallpaper collected. Legally you need to give them "reasonable" access to collect their property but you do not need to bend over backwards - so no taking time off work to be in for the collection. You also need do no work other than contacting them, just leave their rolls in the packaging and it is up to them to collect "as is".

    If they do not collect within six months then you can either dispose of the goods or charge them a storage fee.
  • WhistlersMother
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    AdamUK01 wrote: »
    Imagine if only one person was in charge of dispatch that day and all this wallpaper went missing on that day (seriously companies do regular stockchecks), the employer may well dismiss the employee.

    The employee could then sue his previous employer for wrongful dismissal as there was no proof that he had stolen the wallpaper. It is very hard to sack someone nowadays, it basically comes down to gross misconduct. If he 'lost' a large amount of wallpaper and there was no actual proof of theft, the most he could expect is a written warning.
  • Cimscate
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    If it was a couple of rolls extra I'd probably keep it but 40! They are going to realise sooner or later anyway so do the decent thing and let them know asap. If they don't collect it then fair enough.
    :j
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