Goods you receive but have not ordered: Can I really keep them??

theartfullodger

After a failed attempt to deliver to me Wednesday a surly delivery driver finally "delivered"(partially) some stuff Friday afternoon. He declined to bring them to the front door as it was "kerb-side delivery only". Me & my mate went off to see what was delivered (I didn't think I was expecting anything..) and there on a pallet were 5 large boxes. Allegedly 200kg, I suspect more like 100kg.

The 1/3rd of an A4 sheet I was given had my name, address, email & 'phone number correctly. So I 'phoned the company and after 10 (t-e-n..) minutes they decided they didn't understand either as I hadn't ordered anything from them for a month or so, and that was delivered already.. .

I said I'd send some pics & we'd talk later about them picking the stuff up (I'm away for some weeks from tomorrow...).

I then checks the Citizen's Advice website at..
http://www.adviceguide.org.uk/scotland/your_world/consumer_affairs_index_scotland/buying_goods_your_rights.htm#charging_for_goods_you_didn%27t_order
(this is in Scotland btw..)

which contains the surprising (well, 'twas to me..) advice that...

Other additional rights you have when you make a distance sale include the right:

• ....
• ......
• ....
• to keep or dispose of any goods you receive but have not ordered. If a seller demands payment for goods you haven't ordered, you don't have to pay for them or return them

So, that seems as though I can keep them (and presumably flog the stuff off on eBay or whatever..)

Any other MSE'ers had experience in this area?? It seems to good to be true - I reckon there's a few 'undred quid's worth in them boxes (mainly chrome bathroom fittings, ...). I do not wish to keep them but later find myself in an unfortunate legal situation involving a visit to court...

I fully acknowledge that my proposed moral position may be questionable...

Regards to all...

Artful

pcombo

Why dont you trace the sender and stop checking what rights you have, If you cant trace who the goods belong to then by all means check what you can do.

Equaliser123

The quote from CAB relates to the Unsolicted Goods and Services Act. As they haven't tried to charge you, it doesn't apply.

You are bound to look after the goods pending their rightful owner requiring them back. After a reasonable time you can dispose of them. However, if you sell them, then you are responsible for paying those proceeds of sale to the owner.

theartfullodger

Thanks Equaliser: Makes sense.

Just read the Act (revised version..
http://www.legislation.gov.uk/ukpga/1971/30/contents
)
Odd, Section 1 stating the rights of recipient having been repealed by "The Consumer Protection (Distance Selling) Regulations 2000" .

So, after contacting them (I did, by 'phone.. then sent them an email..) if they don't respond with a sensible plan within, say, 1 month I can donate the stuff to my local friendly charity shop??

Think I'll keep careful records over this one..

Regards

Googlewhacker

Just do the right thing and get them to come and collect them.

theartfullodger

Googlewhacker wrote: »

Just do the right thing and ..................

Many might say benefiting a charity is more of a "right thing" than lining the pockets of shareholders....

Googlewhacker

theartfullodger wrote: »

Many might say benefiting a charity is more of a "right thing" than lining the pockets of shareholders....

Most wouldn't...

DCFC79

What was the items that were sent

wealdroam

DCFC79 wrote: »

What was the items that were sent

The OP told us...

theartfullodger wrote: »

I reckon there's a few 'undred quid's worth in them boxes (mainly chrome bathroom fittings, ...).

dmg24

theartfullodger wrote: »

Many might say benefiting a charity is more of a "right thing" than lining the pockets of shareholders....

Who do you think you are, Robin Hood? How is returning items that do not belong to you lining the pockets of shareholders?

fluffnutter

If you contact them to arrange collection and they don't do so within one month, the goods are yours. If you don't contact someone to arrange collection of unsolicited goods, you have to wait six months until you can do what you want with them. In both cases, you're supposed to keep the goods safe pending collection. You shouldn't be 'inconvenienced' in arranging their return, i.e. you shouldn't have to pay or take time off work so that they can be collected.