Argos Sent Me a PS3 - What to do?

turtle2k1

hechizero wrote: »

Hold onto it for a couple of months, if they don't contact you then it is a costly mistake on their part. Enjoy!

I'd do this too. It's their mistake not yours so it should be Argos to make the moves not you.

mpython

So you sell it for £200 on ebay. £200 profit not bad eh?

Then next month they ask you to return it, or charge you £400+ for the item. Then where are you? Even if its their original mistake (are you sure you've got confirmation of both orders being cancelled), if you're unable to return it because you've sold it, its theft by finding.

Much better to let them know about their mistake & let them resolve it - you don't have to go out of your way by waiting in for delivery drivers. Having been informed of their mistake, if they chose not to collect it within a reasonable time, then you're entitled to dispose of it.

treasureirealnds

keep it, and stay quiet

DonGotti

Isn't this tantamount to theft as defined by the Theft Act 1968?

felix65

i got 5 too this morning and had cancelled back in feb
they aint refunded me either

now they owe me credit card charges on top to

i ve been told that they will pay this

Chall

The law of theft says that taking any of the owners right's is theft, in this case your possession of it is one of the owners, and therefore Argos' rights. You need to either phone them to inform them of their mistake and return it, or go into one of their stores, inform themof their mistake and return it. If you keep it without being charged they may prosecute for theft, if you inform Argos, they don't collect it, and you sell it, it is still theft. The definition of theft is interpreted in such a way that taking any of the owners rights can secure a conviction, in this case selling the PS3 would constitute this. You best bet is to either phone or go to a store as I said, but don't "keep it, and stay quiet" as one poster suggested, and I wouldn't recommend disposing of it either, it's the owners, i.e. Argos', decision what to do with it, not yours.

A little bit of free legal advice, a couple of years time I'll be charging people for the same thing :P

Chall.

TaBunny

don't keep it, ring them tell them to come collect it

newmrslockwood

Argos are always making mistakes. In the past 12 months they've made about 4 with me. If you phone them they will send a delivery driver to pick the console up. probably within the next 24 hours or so. This is in my experience.

mpython

Thanks Chall for the guidance.

I was under the impression that if a company choses not to collect something they have mistakenly given to you, then after a reasonable period of time they will have been deemed to have given up their ownership rights (i.e. they obviously are not interested in owning it anymore). Otherwise, (I exagerate to make a point) they could expect you to keep it for 10, 20, 50 years? I know that the definition of 'reasonable' will vary according to circumstance and from individual to individual, but I would have thought 1 -3 months would have been a reasonable time to expect a company to collect a £400+ item.

However, as you say, the OP needs to let Argos know of their mistake (might have been better if they had refused to accept it from the delivery driver in the first place!)

garethpaul

Has anybody thought of taking the stance that they are unsolicited goods?

If a company sends you something that you have not requested/ordered, then these in the eyes of the law are unsolicited goods and are classed as a gift.

It is unlawful for a company to ask for payment for these goods.

So you better check with your bank that you did indeed receive a refund for the cancelled pre-order. A confirmation of cancellation would be handy too. If you have this, then keep the consoles, they are gifts.