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wrong order and much more valuable made in error by them, unsolicited gift?

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Comments

  • You may not have any feelings of guilt, but you are guilty of keeping an item sent in error, this is not an unsolicited gift as you ordered something from the same retailer, you made contact with them by ordering the original item.

    I suggest you phone the CAB for advice, but I'm pretty sure they will tell you the same as all the posters on this board have said.
  • vinie
    vinie Posts: 26 Forumite
    edited 29 December 2012 at 8:01AM
    merlot123 wrote: »
    You may not have any feelings of guilt, but you are guilty of keeping an item sent in error, this is not an unsolicited gift as you ordered something from the same retailer, you made contact with them by ordering the original item.

    I suggest you phone the CAB for advice, but I'm pretty sure they will tell you the same as all the posters on this board have said.

    i'm also guilty of wearing a pajamas...the point is, is it a crime?
    I'm clueless about law however i know it operates according to logic, in terms of contract you are right, i never got my item thats one contract but i did not make any contract for the second item.
  • vinie
    vinie Posts: 26 Forumite
    Ps I did acknowledge its sounds like a valid point that it won't be considered an unsolicited gift ..
    However the damage is done.. Who's fault is it and how to deal with it! My duty as I can't pay for it in full..I live from one week to the next..
    If it goes to court what the most Likely scenario of the outcome/consequences other than credit scoring!
  • Meadows
    Meadows Posts: 4,530 Forumite
    Mortgage-free Glee! Hung up my suit! Xmas Saver!
    vinie wrote: »
    I made an order by telephone and paid for it with my debt card from a UK retailer which has stores nation wide. Next day i receive a box with a more valuable item. it had my name and address on it and i signed for it.

    I used the item sent then exchanged it for something else with a co worker.

    After a few days of me ignoring the issue the head of operations as he stated calls me from yet another mobile number and left me a voice mail saying if i don't call back by the end of today they will start 7days court proceeding.

    Now I did not ask for that item and i still have not received my original much lesser in value item (im happy to forget it and this issue just to end) but i have used the item they sent then i exchanged it with someone in the same profession as i am as its a tool for work.

    I wasn't sure what to make out of the item sent to me but it was hard to resist not using it.

    This is unrelated but it has been a funny xmas a few days before i made that order i came back home at 3 am and a few meters from my house i found this DHL box with security seal on it..it had a 180 euros trousers from italy..it had the recipient number so i called it then picked it up and they were amazed how it ended up on the street.. my point is..i do not have poor ethics but this is just happened, i had something i couldn't resist not trying as i had to open the box and wasn't sure if its some sort of gift or what on earth it was doing with me and i just accepted it...

    So even though you received the wrong item (more expensive) you deemed it okay to use and then swap with a college and now they want the item back or you to pay for it!
    vinie wrote: »
    it's not what i wanted to hear but that doesn't mean it's not the truth...
    I can't afford it by any measure and don't have it...going to jail ? I didn't theif it nor its my mistake...I should have returned it but between being busy and subconsciously not wanting to I didn't...ps what is 7 day proceedings?

    Yes you did by keeping something you knew was a wrong item, using it and then swapping it for something else!
    vinie wrote: »
    the item i ordered is 45 pounds, they sent me an 1820 British Pounds.. its just not reasonable for me to sell anything for their error that's if i had a sell-able items. thx :/

    £1820 for £45 and you didn't think it would come back to bite you!
    Everything has its beauty but not everyone sees it.
  • vinie
    vinie Posts: 26 Forumite
    Meadows wrote: »
    So even though you received the wrong item (more expensive) you deemed it okay to use and then swap with a college and now they want the item back or you to pay for it!



    Yes you did by keeping something you knew was a wrong item, using it and then swapping it for something else!



    £1820 for £45 and you didn't think it would come back to bite you!

    It terms of theft.. If I give u a fiva and put it in ur hand when I owe u 2 quids then say u theft it, would that be a valid human logic ?
  • Meadows
    Meadows Posts: 4,530 Forumite
    Mortgage-free Glee! Hung up my suit! Xmas Saver!
    vinie wrote: »
    It terms of theft.. If I give u a fiva and put it in ur hand when I owe u 2 quids then say u theft it, would that be a valid human logic ?


    Put £5 in my hand when you owe me £2 and you will get £3 change ... simples... that's human logic!
    Everything has its beauty but not everyone sees it.
  • vinie
    vinie Posts: 26 Forumite
    That's honest, my hat off to u.. In relation to this case, u gave me five pounds and left 2weeks later u come back and say i stole it!! No I didn't u gave it and left and sorry but i really don't have it and I didnt steal it from ur pocket. It's simple if u expected it right then and I had a chance to give u the change while u stood there ( I had a box to open) .. Also u had 2 pounds in change yet u gave me 5 and took off for 2 weeks..
  • torbrex
    torbrex Posts: 71,340 Forumite
    10,000 Posts Combo Breaker Rampant Recycler Hung up my suit!
    Meadows wrote: »
    that's human logic!
    Logic says that you should walk away from this :wall:
  • vinie
    vinie Posts: 26 Forumite
    edited 29 December 2012 at 8:58AM
    torbrex wrote: »
    Logic says that you should walk away from this :wall:

    Most Likely u won't believe this cos of what i write so far but I'm a very honest person.. However I don't have sympathy for big businesses as their sole goal is to profit, even when having good friendly policies that's investing in their brand.. Any big business will not hesitate in screwing u over if it meant a loss to them if they didn't and can get away with it ( sole goal is profit)
    If I was dealing with a human being it'll be different. That doesn't mean I would steal however if they screw up then I won't be kind
  • withabix
    withabix Posts: 9,508 Forumite
    You are in the wrong.

    You WILL get 'screwed over' because you have been dishonest.
    British Ex-pat in British Columbia!
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