Orange gave me two phones through the post

Luke273

Hi guys,

A couple of months ago, I organised a new contract from Orange for the Samsung Galaxy Note 2, and arranged for the phone to be delivered to my workplace. However, week after week they would say it would be arriving in a few days as it was currently out of stock, but never did.

Eventually after 3 weeks they realised an anomaly in their system that made it so it was always out of stock for me, so they arranged to have a new phone sent. I receive the new phone promptly, but a few days later, the original phone arrived!

Initially, I was going to wait to phone them until I double checked they weren't going to charge me twice for the phones, so I placed the second phone in my drawer. Then christmas happened, I completely forgot about this second phone, until rummaging through this drawer today.

They never charged me and never called me about it. So, I was wondering, legally, what stance am I in to keep the second phone? I think I know the answer to this already, and that is I am obliged to send it back, but was wondering if anyone could give a more detailed answer.

And my second question, what would you honestly do in my situation!? My friends have all been telling me to sell the phone for profit, but I can't help this niggly feeling that it's not the legal (or moral) thing to do. On the other hand, this other niggly feeling is telling me 'free £500!' :rotfl:

McCoy

If you're gauging 'public opinion' on what to do, personally I'd ring Orange and tell them I'd received two phones by mistake and arrange a convenient time for them to collect the second one.

To me doing anything else would essentially be stealing in anything but name, although I appreciate that this may just be my own view.

easy

I assume you have paid by credit/debit card ?? If so, they can charge you later when they realise their stock figures are out, and work out where it has gone. Do you really want to suddenly find an additional £400 (or whatever) charge on your card in a month/6 months/ even 2 years time ?

Not really worth it is it? I'm also guessing that the delivered phone had to be signed for, so they do have a trail to prove it was delivered.

I would contact them and ask them to arrange a collection from you.

Luke273

McCoy wrote: »

If you're gauging 'public opinion' on what to do, personally I'd ring Orange and tell them I'd received two phones by mistake and arrange a convenient time for them to collect the second one.

To me doing anything else would essentially be stealing in anything but name, although I appreciate that this may just be my own view.

Fair point, I'd always thought in these sort of situations I would do the right thing, but when it is placed right in front of you, and as a poor student who would love £500, it's a lot tougher than it seems :rotfl:

easy wrote: »

I assume you have paid by credit/debit card ?? If so, they can charge you later when they realise their stock figures are out, and work out where it has gone. Do you really want to suddenly find an additional £400 (or whatever) charge on your card in a month/6 months/ even 2 years time ?

Not really worth it is it? I'm also guessing that the delivered phone had to be signed for, so they do have a trail to prove it was delivered.

I would contact them and ask them to arrange a collection from you.

Good point, I was wondering even though they haven't called me, they would instantly notice in their system the next time I call them that they have sent two phones to me and two people in my office have signed for them. I don't want to risk a large charge later down the line if they do end up noticing! Think my heart is definitely swaying towards giving it back

DUTR

Luke273 wrote: »

Fair point, I'd always thought in these sort of situations I would do the right thing, but when it is placed right in front of you, and as a poor student who would love £500, it's a lot tougher than it seems :rotfl:



Good point, I was wondering even though they haven't called me, they would instantly notice in their system the next time I call them that they have sent two phones to me and two people in my office have signed for them. I don't want to risk a large charge later down the line if they do end up noticing! Think my heart is definitely swaying towards giving it back

A poor student? Doesn't splash out on a Galaxy Note, when they need to feed and warm themselves, secondly, chances are they will notice and charge you (seen posts similar in the past) .
You have not stolen it, until you attempt to sell it, as it is not yours to sell. On top of that, who is going to pay £500 for a previously owned handset?

Luke273

DUTR wrote: »

A poor student? Doesn't splash out on a Galaxy Note, when they need to feed and warm themselves, secondly, chances are they will notice and charge you (seen posts similar in the past) .
You have not stolen it, until you attempt to sell it, as it is not yours to sell. On top of that, who is going to pay £500 for a previously owned handset?

When I said poor, probably not in the sense of living off beans on toast, but not exactly luxurious either. Probably a bit of an exaggeration! The phone is £26 a month, which for a new phone isn't too extravagant (in my opinion anyway).

The second phone I received is brand new, still sealed in the box so would have assumed it would go for near enough the retail price, which is about £500 last time I checked (may have dropped).

But anyway, I think I'll definitely ring them tonight! Cheers for the help everyone

DUTR

Luke273 wrote: »

When I said poor, probably not in the sense of living off beans on toast, but not exactly luxurious either. Probably a bit of an exaggeration! The phone is £26 a month, which for a new phone isn't too extravagant (in my opinion anyway).

The second phone I received is brand new, still sealed in the box so would have assumed it would go for near enough the retail price, which is about £500 last time I checked (may have dropped).

You may have missed what I'm saying, my next handset will be over £500 sim free, but I wouldn't get from anywhere other than a retailer unless the seller was reducing the price by a good few hundred, like you say many look at the per month price so £26 per month vs £500 is a no 'brainer' for those like like to live on credit.

easy

DUTR wrote: »

You have not stolen it, until you attempt to sell it, as it is not yours to sell. On top of that, who is going to pay £500 for a previously owned handset?

I don't think this is correct.

I think theft occurs at the point when you intend to retain the item, and not return it to the rightful owner. Hence if the OP now chooses to keep it his drawer and not use it, not pass it on to anyone, but never-the-less not return it either, then he is committing theft.

Of course Orange can't actually prove anything unless they ask him for it back and he doesn't return it, so no one would 'charge ' him with theft until that point. But technically, if he knows he shouldn't have it, and does nothing to get it back to it's owner, then he is in the wrong.

McCoy

easy wrote: »

But technically, if he knows he shouldn't have it, and does nothing to get it back to it's owner, then he is in the wrong.

I'll go along with that.

DUTR

easy wrote: »

I don't think this is correct.

I think theft occurs at the point when you intend to retain the item, and not return it to the rightful owner. Hence if the OP now chooses to keep it his drawer and not use it, not pass it on to anyone, but never-the-less not return it either, then he is committing theft.

Of course Orange can't actually prove anything unless they ask him for it back and he doesn't return it, so no one would 'charge ' him with theft until that point. But technically, if he knows he shouldn't have it, and does nothing to get it back to it's owner, then he is in the wrong.

I see what you are saying , and until Orange request it's return then it stays as it is, I fear from other posts , they won't ask the OP for it's return, but simply bill him for it :eek:

smithers1981

Sell it and deny all knowledge :-)