Goods received AFTER refund, credit note and delivery cancellation

andrewdc

Hello,

I ordered a home server (item irrelevant), I rang up before it was dispatched to say I no longer wanted it - they cancelled it, confirmed it had NOT left their warehouse, sent me a refund via PayPal and gave me a credit note.

The item arrived today.

What is my legal obligation in regards to this? If I have no legal obligation, does it come down to whether I feel morally responsible for alerting them?

Andrew

shaun_from_Africa

The only time that you would be legally entitled to keep the item would be if it classed as unsolicited goods which is not the case here.

It was sent to you in error so you should contact the company informing them of what has happened, and ask them to arrange collection. Make sure that you arrange for this to be done at a time that is convienient to you.

nickcc

Advise them that the item has arrived and leave up to them to arrange collection, if they don't bother then keep the goods. Legally the goods still belong to the seller so keeping them without notifying the seller would, in my opinion, be theft.

Or what the previous poster advised.

andrewdc

I notified the company immediately after receiving these replies. They in fact had no record of my item leaving their warehouse and when I asked for an order status check, they told me it had been refunded and there was nothing more to be done.

Clearly something went wrong on their end! Either way, I've agreed with them to pay for the item once I receive the initial refund (PayPal is holding onto it annoyingly) - I think they agreed to this because I had shown extremely good intentions in actually telling them, some of them even seemed really shocked by my admission!

Thank you,
Andrew

malchish

andrewdc wrote: »

I notified the company immediately after receiving these replies. They in fact had no record of my item leaving their warehouse and when I asked for an order status check, they told me it had been refunded and there was nothing more to be done.

Clearly something went wrong on their end! Either way, I've agreed with them to pay for the item once I receive the initial refund (PayPal is holding onto it annoyingly) - I think they agreed to this because I had shown extremely good intentions in actually telling them, some of them even seemed really shocked by my admission!

Thank you,
Andrew

You have already informed them that the item is available for collection. Legally, now according to DSR you have a duty of care for 21 day only. If they do not bother to collect after 21 days, your duty of care ceases and you can dispose of the goods as youbwish ( including keeping them ).
This is all described in the DSR legislation, you can read the full text at the gov. site. There is my thread re. consumer does not have to send the goods back under dsr... there is a quote fron th relevant part of Distance Selli g Regulations.
By having informed them re. availability for collection, you have shown reasonable behaviour, so no worries.
Likely, in 21 day the item will be yours.
Do read the original legislation text, and do not be scared by any poster who would shout objections ( there are some posters on here with vested interests in fobbing consumrrs off by "you won't get anywhere" tactics. ) Do not just take my word for it, check the original Distance Selling Regulations text - the law itself.

Herongull

malchish wrote: »

You have already informed them that the item is available for collection. Legally, now according to DSR you have a duty of care for 21 day only. If they do not bother to collect after 21 days, your duty of care ceases and you can dispose of the goods as youbwish ( including keeping them ).
This is all described in the DSR legislation, you can read the full text at the gov. site. There is my thread re. consumer does not have to send the goods back under dsr... there is a quote fron th relevant part of Distance Selli g Regulations.
By having informed them re. availability for collection, you have shown reasonable behaviour, so no worries.
Likely, in 21 day the item will be yours.
Do read the original legislation text, and do not be scared by any poster who would shout objections ( there are some posters on here with vested interests in fobbing consumrrs off by "you won't get anywhere" tactics. ) Do not just take my word for it, check the original Distance Selling Regulations text - the law itself.

Not true. I think you are getting different things confused. The refunds must be paid within 30 days, but the DSRs do not specify how long you need to keep the item for collection, but you have a duty to take care of them.

Herongull

andrewdc wrote: »

I notified the company immediately after receiving these replies. They in fact had no record of my item leaving their warehouse and when I asked for an order status check, they told me it had been refunded and there was nothing more to be done.

Clearly something went wrong on their end! Either way, I've agreed with them to pay for the item once I receive the initial refund (PayPal is holding onto it annoyingly) - I think they agreed to this because I had shown extremely good intentions in actually telling them, some of them even seemed really shocked by my admission!

Thank you,
Andrew

I'm confused. If you no longer want the item, why have you agreed to pay for it?

malchish

Herongull wrote: »

Not true. I think you are getting different things confused. The refunds must be paid within 30 days, but the DSRs do not specify how long you need to keep the item for collection, but you have a duty to take care of them.

If you do not know something, this does not make the fact not true. Read the text, if do not believe, take legal advice. 21 day for duty of care.

somethingcorporate

malchish wrote: »

If you do not know something, this does not make the fact not true. Read the text, if do not believe, take legal advice. 21 day for duty of care.

21 days is absolute rubbish, nowhere in the legislation does it say this.

You have a continuing duty of care to look after the item, otherwise the seller can seek legal redress of the value of the replacement of the item.

shaun_from_Africa

malchish wrote: »

You have already informed them that the item is available for collection. Legally, now according to DSR you have a duty of care for 21 day only. If they do not bother to collect after 21 days, your duty of care ceases and you can dispose of the goods as youbwish ( including keeping them ).
This is all described in the DSR legislation

If it is described , why do you keep getting it wrong?

The DSR's do not state that the goods must be collected within 21 days.
What they do state (and they state it very clearly) is that the retailer is expected to make contact with the consumer with 21 days.

You also forgot to mention what happens if the contract states that the consumer is responsible for the return of the goods, which is a fairly common clause in many distance sales.

If the consumer then fails to return the goods, the seller has 6 months in which to contact then to arrange for the goods to be collected, and the cost of collection can be charged to the consumer.

(7) Where, at any time during the period of 21 days beginning with the day notice of
cancellation was given, the consumer receives such a request as is mentioned in paragraph (4),
and unreasonably refuses or unreasonably fails to comply with it, his duty to retain possessionand take reasonable care of the goods shall continue until he delivers or sends the goods asmentioned in paragraph (5), but if within that period he does not receive such a request his duty totake reasonable care of the goods shall cease at the end of that period.
(8) Where—
(a) a term of the contract provides that if the consumer cancels the contract, he must returnthe goods to the supplier, and
(b) the consumer is not otherwise entitled to reject the goods under the terms of the contractor by virtue of any enactment,
paragraph (7) shall apply as if for the period of 21 days there were substituted the period of 6months

somethingcorporate

malchish, you have been proven wrong so many times on your "advice".

Perhaps you should find a different area to advise on since your consumer rights knowledge is nothing short of awful and you are misleading posters who would know no better.