Bought one, accidentally got one free

Chocmonster7

No offence taken dbonbon - Merry Christmas!

Poppy9

Oscar wrote:

In this situation or in a shop I would never hand over any money found but inform them that you have found money and it will be handed into the police. The DJ then could have announced this instead of his suggestion. You then take it to the most convienient police station for you who in turn will send in to a central lost and found for the area concerned or forward it to the relevant force concerned if it is another. You are given a receipt and if the money is not claimed after two months you can claim it conscience clear within the third month.

Good news about the £20. A man in work mentioned to one of my friends that he lost £20 while in the same nightclub as me last week. He had been talking to me just before I found it but so had loads of others. Anyway my friend didn't say anything but asked me if I still had the £20, well I didn't it was in charity collection which hadn't yet been banked. I retrieved it and am waiting for him to collect it. I would hope he would stick a fiver back in the charity collection when he collects it.

justevi

A couple of weeks ago I was looking for a couple of toys from Argos and they weren't available in my local store but I could order them in for collection from Argos Extra. As they were biggish items and there were other bits I also wanted I decided to order and pay for home delivery. In all I ordered at least 6 toys (about £145) and all showed as in stock right up to confirming order and paying. Then I got message that the main items I wanted were out of stock plus some of the others and I ended up with only 2 cheap items that I was paying delivery for so I cancelled the order but as I didnt get confirmation I also phoned them to check. I then had a parcel arrive from them with one item costing £8 so I phoned them again to be told that my order had been cancelled and it was sent out by mistake and I hadnt been charged for it. They said they would arrange collection, I offered to pay for it as it was something I wanted (and was the one thing out of stock in store) but not for postage but after being transferred to another lady was told that they didnt have the facility to do that and they would collect it. I told her that I did want it and it was out of stock in my local store but made no difference. She asked when they could collect and I said any day except tomorrow as I have a hospital appointment with little girl so she arranged for Wed morning between 7am & 1pm, yeh, you guessed it, they came on Tuesday afternoon and left a note to say would call back next day! All that for an £8 item!
A couple of days later I got a £10 voucher with a covering letter saying it was for spending over £100 online. I am not ashamed to say that I kept it. Would they have paid me for my time spent phoning them and for my phone calls to correct their mistakes?....I dont think so!
So OP, if you phone and tell them about MP3 you wont be able to pay for it as they dont have facility to take payment. One has to wonder tho if you did give it as a present and they contacted you about it afterwards and you offered to pay for it if they would suddenly find the facility to take payment! ;-)

firework

woolworths refunded me twice after i cancelled my online order with them due to non delivery. They realised their mistake and called me to say they would take it back out of my account in 2 - 3 days time. 1 month later... it's still there! i'm just sitting on it collecting interst !lol.

purplemoon

Personally, I don't think the 'head of argos' or 'chief executive of GUS' would really want hear about a minor delivery issue- and considering the great whack of cash they're on would surely cost them more than the value of an mp3 for just a minute of their time! Also, isn't writing to the top because they may 'tell you to keep it for free if it's low value' or 'you might get a voucher for your trouble' a little sneaky? Presumably you expect the guys at the bottom to do their jobsworth demand the item back?

Personally, I'd keep it... Though you don't mention a value, you say you'd be happy to buy it from them. This has happened twice to me (one in the summer, the other more recent). From what I found I don't think this would be classed as 'unsolicited goods'; that definition is for companies that send you stuff hoping you'll buy, this is a mistake. They can demand it back. I took the risk...

lisssa

Citizen_Kane wrote:

If this is indeed “stealing”, I would agree with you. However, this was a mistake by Argos due to their poor internal control system.

I may be inclined to return the item if it was sent in error by an individual, charity or the local corner shop. However, I have absolutely no sympathy to an organisation of this size and profitability such as Argos that can’t sort its own control system.

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hate to be the bearer of bad news but 'officially' it would be classed as theft, as to whether such an offence would ever go anywhere , well I cant ansa that .....

Basic definition of theft
1.--(1) A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and 'thief' and 'steal' shall be construed accordingly.
(2) It is immaterial whether the appropriation is made with a view to gain, or is made for the thief's own benefit.

"Appropriates"
3.--(1) Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.

albionrovers

Moben delivered 2 kitchens to me about 10 years ago, separate deliveries because the spec. of the kitchen changed within a week of the 1st delivery. 1 of them is still in my garage, despite the fact I moved house 6 years ago.
True story. Couldn't ever be bothered doing anything about it (obviously!!!)

Citizen_Kane_3

lisssa wrote:

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hate to be the bearer of bad news but 'officially' it would be classed as theft, as to whether such an offence would ever go anywhere , well I cant ansa that .....

In the nicest possible way, I would say “GET REAL”!

If I go into Argos and steal an MP3 player, that’s theft. If I received an extra MP3 player from Argos due to a delivery error and their poor control system, that is unsolicited goods.

Chocmonster7 has pointed out earlier in the thread that

“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”

abijanzo

I would keep it if there was no mention of it on the delivery note...If 2 were mentioned there I might worry they'd catch up with me.

ArsenalFC

This is getting so silly now. Those of you say that it is theft and the OP should feel guilty are nutcases, it's upto the OP how they feel, none of your business.

Simpily keep the damn thing and end this thread once and for all.