Real Life MMD: Should I send the wallpaper back?

catjohn0909

This is an easy one and there's no dilemma... if you keep the wallpaper it is theft; the intention to permanently deprive.

Send it back!

AdamUK01

Theft is made up of the following elements:-

- appropriation (assuming the rights of the owner - here the person is keeping them)
- property (wallpaper is classed as property here)
- belonging to another (here this is the case - The Consumer Protection (Distance Selling) Regulations 2000 does not state that excess goods sent in error are unsolicited - here there was a contract albeit for a lesser amount together with a delivery note - title to the wallpaper does not therefore pass automatically to the person)
- intention to permanently deprive (by not contacting the seller informing them of the error, the person is demonstrating an intention to keep the other person's/company's property)
- dishonesty (probably this would be proven here)

My opinion is the person does have a positive duty to contact the seller informing them of the error to avoid committing theft. The Consumer Protection (Distance Selling) Regulations 2000 is the current law on unsolicited goods and the 1971 Act has been pretty much repealed by these Regulations. Lots of people have been quoting the detail of section 1 of that Act and it has been expressly repealed and therefore no longer in force. In any event if the person has doubts over their legal obligations they should talk to a solicitor/the citizens advice bureau. We are talking about something as serious as possible theft and the forum is not a proper forum for this kind of advice.

Adam

catjohn0909

rob.kerss wrote: »

Most of the responses to this "dilemma" carry no legal standing under current law.



I quote from the BIS (Department for Business Innovation and Skills) website


"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."

These are not unsolicited as an order was placed.

AfroKinky1

I don't know any self-respecting friend who would want to have the same decor as me! So I'd send it back as long as they paid the postage.

rapido

catjohn0909 wrote: »

These are not unsolicited as an order was placed.

Order was placed for 5 rolls, not 40 additional ones.

Those ARE unsolicited.

gainsboroughgirl

If this were your company, would you want to know this had happened?

Tell them, then leave it with them to arrange collection; don't do as I did with a load of bricks left over from work on the house which could have done our front wall and ring them for months before they come.Ask them for a reasonable collection date should they wish to do so.Explain that long term storeage would be a problem. Cut them some slack if they have to cancel and rearrange as these things happen but make it clear that beyond that, you will not be holding the wallpaper or them. I don't know for sure, but I'd probably take 30 days as the reasonable time limit as that's the limit for returning goods to shops.

h780

There's a difference between this situation and the inertia selling rules that others are referring to. This appears to be a mistake in that too much of an ordered item was delivered.

The Distance Selling Regulations refer to unsolicited goods being sent to a person with a view to his acquiring them (ie the sender tries to trick someone into buying goods by sending them first and then demanding money). That is not the case here.

Contact them. Allow them to come and collect the excess. You are not under an obligation to send it back yourself.

A.Jones

I'd stick them out of the way (maybe in the loft or a dry cellar) for a couple of months. If the store or manufacturers contact you, you can tell them you have them and they can collect. If they don't realise their mistake, then use them or flog them.

bennett2kuk

You "should" give them back but if I had a buyer ready to take them I think I'd know what I'd do...

DD13

Contact the company to arrange collection.

Another consideration is that the person at the warehouse that is responsible for the error may lose their job...... if the situation was reversed, what would you want the customer to do?