Can I keep it?

Plushchris

ohdearme wrote: »

Thats just being stupid though.

You know exactly how this relates to the situation here, and its not difficult to follow. You can argue about how every bit of law is meant to be interpreted, and lawyers spend years argueing with each other over the smallest of detail.

However, I can't see how you can argue over this in a way that would convince a judge or magistrate.

How is that being stupid?

Does the law only apply to high value items then?

The credit card company could claim that they sent me the application by mistake and ask for it back in just the same way that comet could claim that the 78inch plasma HD telly they sent me was sent by mistake, yet its ok to throw away the piece of paper but not the TV??

Also, I'd be interested to know when things actually become your possesion.

I always took it that if something is delivered to me or comes through my letterbox it becomes my property but maybe this is wrong?

ohdearme_2

I changed my post whilst you were writting yours. Please see the post I changed for how I meant it to say.

"Receiving the goods is clearly an unjust enrichment, restoration means restitution, which is a remedy for unjust enrichment."

Which I beleive answers your query.

Plushchris

The benefit of the internet is you can find any piece of information to back up your argument without actually knowing anything about what you are talking about.

I dont confess to know the ins and outs of the law, but from what you have cut and pasted I read it that you would need to be under obligation to give the goods back, if there is no obligation (such as a written clause on the delivery note etc) then I would think you are in your rights to keep it.

When does an item actually become your property? Is everything that is delivered to you and addressed to you not actually your property if not when does it become your property?

ohdearme_2

Plushchris wrote: »

The benefit of the internet is you can find any piece of information to back up your argument without actually knowing anything about what you are talking about.

I dont confess to know the ins and outs of the law, but from what you have cut and pasted I read it that you would need to be under obligation to give the goods back, if there is no obligation (such as a written clause on the delivery note etc) then I would think you are in your rights to keep it.

When does an item actually become your property? Is everything that is delivered to you and addressed to you not actually your property if not when does it become your property?

Unfortunately I do know what I am talking about (in this instance)

I tend to cut and paste points of law as they are written in the relevant act. rewritting them would be pointless. I only cut and paste what I beleive is relevant, so I must understand it to be able to do this.

UK law takes presidence over any companies t&c's. If it didn't a companies T&Cs could start

"1. can speed at up to 120mph on a-roads"
"2. Doesn't need to pay tax" etc etc

So "if there is no obligation (such as a written clause on the delivery note etc) then I would think you are in your rights to keep it" isn't true, as UK law takes precidence. In the above example "unjust enrichment" would come into play.

The last point would take too long to answer, but generally, once delivered, and paid for, the goods become your property. If its sent freely as a gift, then it would become yours when delivered. If it comes to you as a mistake, its never yours unless the sender passes title of the goods over to you.

faithinme_2

Hi,

I have a similar query to this.

My brother purchased a mobile phone from Play.com a few months ago now. He had arranged for the phone to be delivered to our mums address as she is in most of the time, and he wouldn't have to take a day off work.

Play.com delivered a television instead of a phone, but the invoice inside the packaging detailed the phone that was ordered (maybe someone in the warehouse couldn't read?). My brother called Play.com the same day and advised them of the incorrect delivery. They thanked him for being honest and as a reward gave him £20 off the price of his phone. He received his phone a few days later.

They wanted to arrange a time for collection and as my brother and I work during the week (9-5) he asked they collect the TV on a saturday. He was told that they do not collect on a saturday (as they use parcelforce). They were told that this was not convienient, however my brother was off work the following week. Noone came to collect the TV. He called them again and agreed collection for the following weds as he would be off work again as he had things to do. He agreed that they collect it on that day, but requested that they call his mobile if he was not at home so that he could be there.

A collection card was left, and no one had called my brother as instructed. He has not called them again as he feels that he is wasting his mobile phone bill. Noone has contacted him about this for over 2 months now.

Are we within our rights to keep the TV?

I have read a number of things about unsolicited goods but am unsure as to whether this would fall into this category? I have been storing this TV for nearly 3 months, would love to keep it but dont want any repercussions if Play.com ever realise they have not been to collect the TV.

Can anyone advise me on what we should do next?

FloFlo

Personally I would use the tv if they ever ask for it back give it to them - otherwise enjoy.

boofy_2

smallpackages wrote: »

Think To Use Theif Is A Bit Harsh Though. I Wouldnt Go Chuckin Any Stones Around No Wot I Mean

Methinks you should use your spellcheck!!

boofy_2

Just a thought, and it may sound "blonde" BUT if you switch on the TV and you can't hear it - isn't that problem solved?????

GoofyGAT

There's only so much one can do, & I think you've done a lot for long enough & this has to come to an end sooner than later.

As a last resort, I would write to them. Tell them that if they don't collect the TV by a certain date (give them a month from date of your letter), you cannot be held responsible for it any longer. Remind them about how long it has been since they last made contact, the mobile phone costs & your obvious inability to hold on to it indefinitely. Photocopy the letter, & get a Certificate of posting at the very least. Pity they don't have a standard address to which you could send the letter by Recorded delivery. Anyway, their address is: Play Limited, PO Box 192, Jersey, JE4 8RP, Channel Islands

If they don't collect within the deadline, do as FloFlo suggests.

As an afterthought, it may be better taking advice from your local CAB before doing anything. It would be interesting to see what they have to say/advise. Do keep us informed of your progress. All the best, G

faithinme wrote: »

Hi,

I have a similar query to this.

My brother purchased a mobile phone from Play.com a few months ago now. He had arranged for the phone to be delivered to our mums address as she is in most of the time, and he wouldn't have to take a day off work.

Play.com delivered a television instead of a phone, but the invoice inside the packaging detailed the phone that was ordered (maybe someone in the warehouse couldn't read?). My brother called Play.com the same day and advised them of the incorrect delivery. They thanked him for being honest and as a reward gave him £20 off the price of his phone. He received his phone a few days later.

They wanted to arrange a time for collection and as my brother and I work during the week (9-5) he asked they collect the TV on a saturday. He was told that they do not collect on a saturday (as they use parcelforce). They were told that this was not convienient, however my brother was off work the following week. Noone came to collect the TV. He called them again and agreed collection for the following weds as he would be off work again as he had things to do. He agreed that they collect it on that day, but requested that they call his mobile if he was not at home so that he could be there.

A collection card was left, and no one had called my brother as instructed. He has not called them again as he feels that he is wasting his mobile phone bill. Noone has contacted him about this for over 2 months now.

Are we within our rights to keep the TV?

I have read a number of things about unsolicited goods but am unsure as to whether this would fall into this category? I have been storing this TV for nearly 3 months, would love to keep it but dont want any repercussions if Play.com ever realise they have not been to collect the TV.

Can anyone advise me on what we should do next?

Stevee

If they've delivered the TV by mistake and you've had it for over 3 months, after attempting to return it to them, phone them and say that you'll accept the TV in lieu of storage charges for keeping their TV for over 3 months.