Wrong phone sent

Sally22_2

Surely if you decide you want to keep it, they will just bill you credit card for the difference?! And there wont be much you could do about it

elizruss

mrcow ... im only asking for advice here i never at any point say i refused to return this item...

mrcow

elizruss wrote: »

mrcow ... im only asking for advice here i never at any point say i refused to return this item...

Then what exactly are you asking?

Do you want your correct phone or not? If you do, then get this one back ASAP and your problem is resolved.

Otherwise, you are dragging out the inevitable and are delaying the delivery of the goods that you actually wanted in the first place.

Both of your other posts in this thread imply that you wish to keep this phone which, by rights, you have no ownership to.

real1314

im-lost wrote: »

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.

No, it's not.

You don't have to take something to be convicted of theft. You only have to have possession of it and retain possession.

Quite how you've drifted towards lost card details/payment I've no idea, as this is not "much the same", but in this case the goods are effectively unsolicited goods - the OP didn't order the phone that was sent.

What the phone co should do is provide either a collection or a paid return facility. :cool:

Emy1501

Why are people talking about theft here?

Unless things have changed, if an item is delivered to you in error it not down to you to return it, its down to sender to come and collect within 6 months from receipt of the item

Why should the OP pay upfront and waste time going to the post office to send something off which wasn't their error

gjchester

real1314 wrote: »

in this case the goods are effectively unsolicited goods - the OP didn't order the phone that was sent.

Not really, the OP ordered a phone and so had a business relationship with the company, the OP recieved a phone, although it's the wrong one.
The company has been in touch to say we got it wrong and want that phone back.

It's an admin mistake, maybe someone hit the wrong key, maybe someone picked wrongly in the warehouse, however the reason it's not unsolicited goods. Unsolicited goods are ones where you have no expectation of them arriving, this is not really the case.

The OP certainly can ask for it to be collected at the companies expense, however the OP also has a duty of care to keep the handset safe and in the condition it arrived now they know it's not the right goods and the company wants it returning.

Guys_Dad

Interesting. However, those who have railed against the OP have not taken into consideration that the reseller might have run out of stock of the original, no prospects of getting any more and has sent on another handset of greater value to fulfil order.

May be unlikely, but there are threads on here where a MSE member has returned a broken handset under warranty and, because it was no longer available, the reseller has offered an alternative replacement.

So, my first paragraph is a reasonable assumption and would not be theft.

albionrovers

True, but the company has acknowledged a mistake has been made and requested the handset back.

Guys_Dad

albionrovers wrote: »

True, but the company has acknowledged a mistake has been made and requested the handset back.

Yes, quite correct. Read OP too quickly.

GooliesOfFire

elizruss wrote: »

mrcow ... im only asking for advice here i never at any point say i refused to return this item...

If you really like the phone you received just pay the difference