O2 phones not ordered

OPJ

Hi

My sister has been sent 2 samsung smartphones by O2 but has never ordered them. She contacted O2 and they confirmed that she had been a victim of a scam and have confirmed that the account has been cancelled. My sister asked what o2 wanted to do with the phones and they confirmed they would sent out a post paid bag to return them to O2. So far no bag has been sent and no further contact from O2.

I argue with her that they will soon be hers to keep, whilst she wants to return them to O2!

What is the legal position on this?

O

OneADay

I would be more worried about how someone managed to order phones in her name using her details (including bank details). Even if they confirm its possible scam, that does not rule out her being the scammer and possiblity of being landed with a bill in future for not returning the phones. And not just one but two phones.

And you have not mentioned when she contact O2 and how long the wait for the return packaging.

Hotspur

Unsolicited goods so may be able to keep them.

http://www.bis.gov.uk/policies/consumer-issues/buying-and-selling/unsolicited-items

Were they sent by O2 or a third party or ordered by person or persons unknown using your sisters details?

gjchester

They are not unsolicited they are fraudulantly obtained, although not by the OP's sister.

O2 have said they want them back, so the OP can't claim ignorance now. It may be worth giving O2 a call, or delivering them to a O2 shop and getting a reciept form the staff is possible.

Guys_Dad

When you are dealing with big business, you are dealing with 2 worries - incompetence and power.

What that means is that fairness goes out the window. So how would that apply to your sister?

Well, she has got, through no fault of her own, 2 handsets and she has asked O2 what to do. They said "We will send you a bag for their return". Bag hasn't arrived.

Now that could be down to their incompetence or, equally, due to it going astray in the post. So Sis hangs on to handsets, having done her bit, but with just a sneaky feeling that if O2 don't send bags, she could be on for a windfall.

Now this is where the power and 2nd incompetence arises.

6 months down the line or longer, O2 suddenly find that they have not got handsets back, so they bill her for not sending them back. You get into a disagreement as to whose fault it is and they zap her credit record because they can.

Not nice !

I would send them an email, telling them bag has not come and advising that you will hang on to them for a month after which they will be disposed of.

If no bag comes, then you have evidence of trying to be honest and certainly means to dispute any further action by them. And a couple of handsets too! :beer: