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

miduck

visidigi wrote: »

Theres no 'give away' here, I suspect the OP made at least £1k out of this if it was cash paid...

I'd love to be a fly on the wall when his employer realises he has been selling goods he does not own at work!

shaun_from_Africa

vinie wrote: »

tell someone off for receiving the wrong delivery and using it while it hasn't been requested! You call me a thief!!

No one has "told you off" for receiving the wrong delivery, but disposing of property to which you had no legal title is a different matter.

It is not only people on here who think that you are a thief, the law thinks the same as well.

From the Theft act.

1)
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.

appropriates
1)Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.

And most importantly of all:

(4)Where a person gets property by another’s mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds

Everyone I spoke to from a landlord to a stock exchange expert etc said keep it

Your next question to these people should be to ask if they will now be willing to help you pay for legal advice.

arcon5

Jesus op, why didn't you do research BEFORE disposing of the goods? Unsolicited goods act is designed to protect you from companies sending you goods with no prior contact or request and subsequently requesting payment. You made a request for goods which was fulfilled incorrectly, this doesn't fall in to the unsolicited goods act.

You may not be liable for the whole sum though, just damages. So if for example the item cost them £1200 at wholesale they could sue you for this less what you've already paid, so £1165. This is because you have a duty of care.

Disposing of goods in such situation requires you sending 2 letters notifying a company of your intention to do so.

By 7 day proceedings they mean they are giving you 7 days notice that they intend to file a claim in the county court. It's in your interest to negotiate with them. Can you get the item back or something? Then at the very least they can sell it as used and reduce your liability

It's unlikely you will come up against any criminal action, but due to the value a civil action is highly likely.

McKneff

vinie wrote: »

thx for the reply, here among many other places
http://www.adviceguide.org.uk/nireland/consumer_ni/consumer_common_problems_with_products_e/consumer_problems_with_delivery_e/consumer_unsolicited_goods_e/youve_received_goods_or_services_you_didnt_ask_for_distance_sales.htm

That doesnt apply in your case, your delivery was an error in the ordered item.

The link applies to unsolicited goods.

chrissie57

Takeaway_Addict

I don't believe this for a second but anyway, if what hte OP has said is true then you need to be phoning the supplier up, grovelling and offering a payment plan (presuming you can't get the product back and don't have the money to pay the difference).

globetraveller

remember to use your landlord as the expert witness.

pinkshoes

OK, cut Vinie some slack, the guy made a mistake, due to some lousy advice and now needs help sorting it out.

Vinie, you need to speak to your colleague, tell him the situation, and ask him to swap back. If he won't, then just give him back what he gave you in exchange, and then tell him you'll pass his details on to the shop as to the whereabouts of the item.

The fact that it's been used is a difficult one, but I wouldn't get hung up on it. You could just say you used it before realising its value. I definitely wouldn't have sold it, but I certainly would have opened it and had a play!!

You do NOT want to let this go to court. Worst case scenario is that you'll end up with a CCJ, a shocking credit record, and won't be able to get a mortgage or loan for a LONG time.

Ultimately, if they insist on you paying for it, then offer them whatever you can afford i.e. £5 a week. Just cooperate with them!

arcon5

pinkshoes wrote: »

OK, cut Vinie some slack, the guy made a mistake, due to some lousy advice and now needs help sorting it out.

Vinie, you need to speak to your colleague, tell him the situation, and ask him to swap back. If he won't, then just give him back what he gave you in exchange, and then tell him you'll pass his details on to the shop as to the whereabouts of the item.

The fact that it's been used is a difficult one, but I wouldn't get hung up on it. You could just say you used it before realising its value. I definitely wouldn't have sold it, but I certainly would have opened it and had a play!!

You do NOT want to let this go to court. Worst case scenario is that you'll end up with a CCJ, a shocking credit record, and won't be able to get a mortgage or loan for a LONG time.

Ultimately, if they insist on you paying for it, then offer them whatever you can afford i.e. £5 a week. Just cooperate with them!

Would they have any power/rights to pursue the third party though? I know with cars if you are a consumer and buy from trader & didn't know about any outstanding finance on the car then the finance company cannot just take the vehicle back...... not sure if there is anything similar for such situations

miduck

arcon5 wrote: »

Jesus op, why didn't you do research BEFORE disposing of the goods?

But he did, he asked a landlord and a stock exchange expert!