Wrongly delivered parcel, any liability?

vax2002

Return any letters marked as "no contract" return to sender from now on, try to suss the envelopes and postmarks to avoid opening them.

ashleypride

jw80 wrote: »

if so it may be worth offering a full and final settlement?.....

Absolustely not, in the unlikely event they take you to court, then defend it with the facts.

timbstoke

Sounds like a few people on here need to familiarise themselves with the Unsolicited Goods and Services Act 1971, which, in a nutshell, says that:

a person who after the commencement of this Act receives unsolicited goods, may as between himself and the sender, use, deal with or dispose of them as if they were an unconditional gift to him, and any right of the sender to the goods shall be extinguished

MoreOn

zzzLazyDaisy wrote: »

Proof of postage isn't proof that the parcel was received at the other end, but it is proof that something was posted to the company (although I suppose they could argue that the 'something' was an empty envelope).

A friend lost a court case with the tax office on that very point, he provided proof of postage and evidence that the letter was received, the judge ruled there was no proof what was in the letter.....

arcon5

timbstoke wrote: »

Sounds like a few people on here need to familiarise themselves with the Unsolicited Goods and Services Act 1971, which, in a nutshell, says that:

Including you.

These goods was not sent to op and are therefore not unsolicited goods.

“unsolicited” means, in relation to goods sent to any person, that they are sent without any prior request made by him or on his behalf.

arcon5

MoreOn wrote: »

A friend lost a court case with the tax office on that very point, he provided proof of postage and evidence that the letter was received, the judge ruled there was no proof what was in the letter.....

But why did he loose the case and what was the case about?

MoreOn

arcon5 wrote: »

But why did he loose the case and what was the case about?

The case was about filing the tax return on time and getting fined... He lost because there was no evidence what was in the letter the tax office received...

bod1467

So he files online now?

System

It makes no legal difference but as a matter of interest did the company ever explain why they sent you a random parcel by mistake?

bris

bobajob_1966 wrote: »

Are you on drugs?

Unfortunately not tonight.
As a retailer I'm looking at it from their point of view.
All they know is that someone has ordered goods from that address, possibly someone who wanted to meet the delivery driver in person near the house to intercept it. It's probably been paid for by a dodgy credit card and the retailer has had a charge back. Now all the retailer knows is where the goods were sent and they want them back.
Contract or not, you can't just keep good's that were delivered by mistake, that's fact, there are ways to deal with it, that may end up with good title to the goods if followed correctly, or in this case get it wrong and you may be liable, thats for the small claims to decide no one on here knows what the judge will decide or whether or not the proof of postage will suffice.

On the plus side the op can claim from the post office for half the value and offer that as compensation for their loss.