Wrong phone sent

elizruss

my first post hope it in right place..

i order a mobile phone from local shop online
it cost me £119.99p payed with credit card
but the phone they sent me was wrong one the phone they sent
cost £279.90p totaly diffrent phone lot better than i was wanting
they have not charged me for the dearer phone but got email today saying

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Hi there,
We have unfortunately sent you the wrong handset according to our records. Please could you return the handset you received in error back to us, at the address below and we will send out the correct phone that you purchased. We will of course refund any return postage cost.

Our apologies for this error on our part.

We would be grateful if you can reply to this email at the soonest ...

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DO i have to return it or not is there something i can email them back to say it was there misstake...
thankyou liz.:(

Jimx26

What makes you think you can keep it?

elizruss

Jimx26 wrote: »

What makes you think you can keep it?

i dont know if i can im just asking if i can or not..as it was there error in sending wrong one..

mrcow

If you keep something that does not belong to you and refuse to return it, it's called theft.

im-lost

tell them to send the proper one out and get them to arrange a collection of the old one. you are are under no obligation to return the handset before they send the proper one out, you are also under no obligation to return the wrong one, you simple have to make it available for collection for a certain amount of time.

Just tell them to arrange a collection within say 14 days or the handset will be disposed of, how you dispose of it is up to you.

elizruss

mrcow wrote: »

If you keep something that does not belong to you and refuse to return it, it's called theft.

i never said i refuse to return the item i just asked if i had to as it was there mixup not mine..some people say keep it as its there mistake in sending wrong phone.

im-lost

mrcow wrote: »

If you keep something that does not belong to you and refuse to return it, it's called theft.

No its not, its a civil matter for unpaid goods. theft is the taking of another person's property without that person's permission or consent with the intent to deprive the rightful owner of it, it wasn't taken, it was given, albeit wrongfully, ergo it cant be theft.

mrcow

elizruss wrote: »

i never said i refuse to return the item i just asked if i had to as it was there mixup not mine..some people say keep it as its there mistake in sending wrong phone.

Well perhaps "some people" are saying that because it's not them who will have a theft charge hanging over them.

Short answer is no, you can't just keep it.

T_T_2

elizruss wrote: »

i never said i refuse to return the item i just asked if i had to as it was there mixup not mine..some people say keep it as its there mistake in sending wrong phone.

Forget what you are and are not legally obliged to do for just a second. Can you honestly say that you think keeping the phone would be morally correct? Do you really think it would be fair to keep it as you haven't paid for it?

If you had paid for something by cash and accidentally overpaid by £100.00 would you be happy for the recipient to keep that money or would you want it back?

mrcow

im-lost wrote: »

No its not, its a civil matter for unpaid goods. theft is the taking of another person's property without that person's permission or consent with the intent to deprive the rightful owner of it, it wasn't taken, it was given, albeit wrongfully, ergo it cant be theft.

If they are refusing to give it back, then it is theft.

im-lost

mrcow wrote: »

If they are refusing to give it back, then it is theft.

not its not, again its a civil claim for unpaid goods, much the same as if a company sends goods and loses the card details and cant process a payment.