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

vinie

withabix wrote: »

You are in the wrong.

You WILL get 'screwed over' because you have been dishonest.

Cool ok let's say I agree I have been dishonest by staying at my address and accepting a delivery.. What's the details of being screwed over ! What could happen!

DavidF

next day i receive a box with a more valuable item. it had my name and address on it and i signed for it.

The unfortunate thing for you is the highlighted part. This is the part that "may" get you a criminal record (not entirely sure) or more likely credit rating trashed/debt collector/bailiff as many people on here would attest to a whole world of hurt/hell. Some people would even say that a quick prison sentence would have been easier. If you think trashed credit rating is an easy ride then I sujest doing some reading on the debt forums.
Just give back whatever your collegue has given you in exchange. Tell him/her there has been an issue whatever and return the item. Easy.

vinie

DavidF wrote: »

The unfortunate thing for you is the highlighted part. This is the part that "may" get you a criminal record (not entirely sure) or more likely credit rating trashed/debt collector/bailiff as many people on here would attest to a whole world of hurt/hell. Some people would even say that a quick prison sentence would have been easier. If you think trashed credit rating is an easy ride then I sujest doing some reading on the debt forums.
Just give back whatever your collegue has given you in exchange. Tell him/her there has been an issue whatever and return the item. Easy.

this is what I'm after, I want to know the worst case scenario and I won't get it till I argue and find out who's giving the well informed practically experienced opinion here.

May I ask how did u conclude that I will get a prison sentence or a criminal record technically speaking? Thx

terra_ferma

They received an 'unsolicited gift' too...
http://www.dailymail.co.uk/news/article-522549/Four-family-members-jailed-135-000-spending-spree-bank-error.html

theft and handling stolen money... just because something lands on your lap it doesn't mean that it's yours to keep

McKneff

You are not an honest person. You are a thief. Now live with that knowledge.

And when you say 'thief it' you really should be saying 'steal it'

aliasojo

vinie wrote: »

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...

You're not daft, in these circumstances no-one will believe the 'not sure if it was a gift' angle so I'd advise you to not offer that as a 'defence'.

There would have been some sort of paperwork, invoice or the like in the box surely, so it would have been obvious where it came from? It would be very unusual for any item to be delivered completely unidentifiable.

Yes, the company stuffed up but so did you. The thing is, the company have the law on their side, you don't. It really doesn't matter what you may think about this type of circumstance, the law is quite clear on 'genuine error'.

It's very likely the item won't be able to be returned now as it's been used so the resale value has dropped. If the company agreed to it's return, it would be through goodwill only and therefore very unlikely.

The company will look for payment as they are legally entitled to. It's within your best interests to talk to them, be upfront about what has happened and agree some sort of payment plan. (Assuming they wont accept return.) You may not think a trashed credit file is too important right now but you don't know what's ahead and when you may need credit of some sort. Even something simple like a new monthly mobile phone contract could potentially be affected.

The other suggestion is to reverse the swap with your workmate and try to sell the tool on to recover some of the cash.

I fear this may be an expensive lesson for you.

Hintza

This is the 4th thread you have either started or added to and 3 out of 4 have been you trying to pull a fast one!

JethroUK

vinie wrote: »

i'm also guilty of wearing a pajamas...the point is, is it a crime?
I'm clueless about law ....

and morality apparently

lot of the answers you are getting is explaining the morality of what you've done - prolly in the hope that you might then be able to follow the legality

laws evolve in the shadow of morality dont ya know - it should strike you that if its illegal its probably wrong - but it doesn't

all your replies suggest that you think 'the law' is just an obstacle you need to overcome - and figured this would be the place to help you overcome it

you never believed for one second it was a gift - it just suited you to believe it

whilst ever you can satisfy yourself its OK to sell someone else stuff just by virtue of the fact that they let you get your hands on it - there's little advice anyone here can give you

the only thing that could teach you anything about morality is both barrels from the law

George_Michael

vinie wrote: »

I want to know the worst case scenario

A county court judgement issued against you leaving you with a trashed credit record.
You will probably be unable to get any form of credit (Mortgage, hire purchase, loans, credit cards etc) and if by some chance you do get any of the above, the interest rate will be far higher than it would normally be.

If the company concerned do take you to court and win, you will be required to repay the money and if you fail to do so, they can arrange for court appointed bailiffs to chase you for the money.
Even if you don't pay them, every time they visit your property or write to you, you will be getting charged for this and it will be added to the amount that you owe.

StrongWork

vinie wrote: »

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..

Yours. HTH.

You took the gamble that they wouldn't notice they accidentally sent you a more expensive item. It didn't pay off. Now you have to pay them (or return the item).

PS 'whose'. HTH.