Delivered more than I should have!

jdark6

Slightly odd situation this, so I'm just wondering where I stand.

I ordered a computer desk from Ryman over the phone at the beginning of February, and when the courier arrived with the delivery, I took the four boxes without questioning it because it's a big desk. However, on closer inspection I discovered I had been delivered TWO complete desks. Both had labels addressing them to me. I rang Ryman and explained what had happened the next day, and was told to leave it with them and they would get back to me. I still have heard nothing more from Ryman and I was just wondered what the situation was with my rights to keeping the extra desk as a result of their error.

I have let them know about the error when I could have easily kept quiet about it, but they don't appear to want the desk back!

Any advice on where I stand legally on keeping the desk would be appreciated!

paddyrg

It isn't yours, not yet anyway. I guess you could claim they were unsolicited goods and you have advised them, in which case they have a period in which they can collect them, can't remember how long for sure, but it is a while.

HardWorker2010_2

Not sure about legally but morally it's their property is it not?

Why would you even consider risking your reputation for the sake of a 'free' desk?

I'd contact them again and give them a reasonable time limit in which to correct their mistake. I'd also mention a storage charge if they then failed to collect within that time and another date by which you will assume that they don't want it and will dispose of it.

shaun_from_Africa

Unsolicited goods now no longer have to be returned and can be kept as an unconditional gift.

However, I don't think this desk would qualify as unsolicited as the definition for these is "goods sent to any person, that they are sent without any prior request made by him or on his behalf."
Ryman could possibly agrue that the OP did request them, just not the amount that was delivered in error.

I think that what you should do jdark, is to call Ryman again and explain that you don't have space to store the second desk and that you need it collecting as soon as possible.
Advise them that if it's not done within 7 days, then you will have to store the boxes in your shed, where it's possible that the damp may affect it or the box it's stored in.

squeaky

Hi,

I haven't been able to find a regulation backing this up but I found the following...

http://www.digitalspy.co.uk/forums/showthread.php?t=550348


Edit: It's buried deep in the Consumer Protection - but here's a wiki quote from an article on the CPA...

http://en.wikipedia.org/wiki/Consumer_Protection_%28Distance_Selling%29_Regulations_2000

Note: this provision merely amends the Unsolicited Goods Act which provided that to be unsolicited goods, they had to be deliberately sent to the recipient with the intention that they used them. Goods sent in error are thus not unsolicited, but remain the property of the sender.

Flyboy152

HardWorker2010 wrote: »

Not sure about legally but morally it's their property is it not?

Why would you even consider risking your reputation for the sake of a 'free' desk?

I'd contact them again and give them a reasonable time limit in which to correct their mistake. I'd also mention a storage charge if they then failed to collect within that time and another date by which you will assume that they don't want it and will dispose of it.

The OP has carried out their duty to inform the supplier of their mistake, the ball is now in their court. The onus is on them to collect the unsolicited goods they have delivered, without any further inconvenience to the OP.

Flyboy152

shaun_from_Africa wrote: »

Unsolicited goods now no longer have to be returned and can be kept as an unconditional gift.

However, I don't think this desk would qualify as unsolicited as the definition for these is "goods sent to any person, that they are sent without any prior request made by him or on his behalf."
Ryman could possibly agrue that the OP did request them, just not the amount that was delivered in error.

I think that what you should do jdark, is to call Ryman again and explain that you don't have space to store the second desk and that you need it collecting as soon as possible.
Advise them that if it's not done within 7 days, then you will have to store the boxes in your shed, where it's possible that the damp may affect it or the box it's stored in.

If the OP has clear evidence that they ordered only one desk, it cannot be successfully argued that the OP requested the extra desk. That said, it would be Ryman who would have to prove that the OP ordered two desks. They could quite as easily assume that the extra desk was a "buy one, get one free" offer.

jdark6

HardWorker2010 wrote: »

Not sure about legally but morally it's their property is it not?

Why would you even consider risking your reputation for the sake of a 'free' desk?

I'd contact them again and give them a reasonable time limit in which to correct their mistake. I'd also mention a storage charge if they then failed to collect within that time and another date by which you will assume that they don't want it and will dispose of it.

Yes I'm aware that "morally" it would be said to be theirs, I'm not trying to find a way of scamming them out of the extra desk!
It's just they appear to not care, so if I were to offload it to someone who did want it (it DOES take up a lot of space), then they weeks later turn up asking about it I was wondering where I stood legally.

somethingcorporate

Legally you would owe them their desk back (or the money for it).

The goods are not unsolicited, as per Squeaks post.

unholyangel

Flyboy152 wrote: »

If the OP has clear evidence that they ordered only one desk, it cannot be successfully argued that the OP requested the extra desk. That said, it would be Ryman who would have to prove that the OP ordered two desks. They could quite as easily assume that the extra desk was a "buy one, get one free" offer.

Unsolicitied goods are something that is sent for the intended recipient with no prior request made either by the recipient or by someone on their behalf.

I dont think this would fall into that category since they did make a request. Just there has been a mistake with said request.

As for storing them in your shed where damage could occur (as posted by someone else), even with unsolicited goods, you have a duty of care.

OP to cover yourself i would write them a letter and send it recorded delivery. Keep it short and to the point. That they have sent you 1 extra in error and that they should contact you to arrange collection at your convenience within 14 days or you will dispose of the goods.

Check with consumer direct/citizens advice to make sure this will cover you adequately though just in case they try being awkward afterwards.

somethingcorporate

Would you suggest that 14 days is actually a 'reasonable' amount of time given the average length of delivery for large furniture? to be on the safe side I would say at least 28 days just to be on the safe side...