Unsolicited goods or not?

tinkerbell28

It doesn't say that though does it?

It just says goods sent to you, which you didn't order are unsolicited. In both abandoned goods and unsolicited goods

See what I mean? It doesn't actually say that. If it did, I wouldn't of posted here

unholyangel

tinkerbell28 wrote: »

It doesn't say that though does it?

It just says goods sent to you, which you didn't order are unsolicited. In both abandoned goods and unsolicited goods

See what I mean? It doesn't actually say that. If it did, I wouldn't of posted here

It used to! Cant remember the last time I even looked at it. Within the last year definitely.


If you go to https://www.legislation.gov.uk you'll be able to find the actual act iself (which will include interpretation section).

tinkerbell28

That's what I mean. You'd think such a profound "clause" if you like would feature on the cab or ts sites, no?

So many people may not be after a freebie as it is pretty clear on those sites. Goods sent to you are unsolicited with no after thought!

unholyangel

tinkerbell28 wrote: »

That's what I mean. You'd think such a profound "clause" if you like would feature on the cab or ts sites, no?

So many people may not be after a freebie as it is pretty clear on those sites. Goods sent to you are unsolicited with no after thought!

Unfortunately consumer advice has went downhill since CAB took over Consumer Direct but, they only have limited funding.

Perhaps contact them or leave feedback (cant remember if CAB site allows you to)?

You may find they've tried to simplify it to make it easier to understand (that seems to be the "in" thing these days) but in doing so, they've cut out some important information.

The problem is that sometimes the law is vague/complex on purpose to account for different situations (ie reasonable time element in SoGA). But these sites tend to favour a "one size fits all" answer.

tinkerbell28

But say what to them? Mse posters say your information is incorrect? Where is the written legislation that says otherwise? I'm not reading it

I'm playing devils advocate here as I've read threads on it on mse, to see what I have to do to get them to pick it up.

Some people getting quite antsy with caps and categorically stating things aren't unsolicited. In complete contrast to the cab and trading standards. So are these people actually right? Are they still in date. As the advice given is in complete contrast to official organisations. If they read it.

So who am I to question them when I don't know the law? Might be helpful if people knew the actual law and part of the act they were quoting IMO. It causes confusion.

wealdroam

This WhatConsumer thread may be of interest.

Naf

wealdroam wrote: »

This WhatConsumer thread may be of interest.

That response only discusses demands for payment. When goods have been delivered in error, I believe the sender does have the right to request them back.

tinkerbell28

Still no news. So I emailed again, no reply. So I shall leave it 28 days and dispose how I see fit. After another email in 14. Which I thinks fair I'm getting annoyed now with it around the house in its huge box. Just want it collected and responsibility gone.

It's been interesting though. Especially with the contrast in advice given here with the official organisations. To me it looked pretty clear cut. I asked here as I've read on here it wasn't supposed to be as simple as that. Despite all the organisations making out it is.

I'd be interested if those who have said actually have a link to the legislation? A full link/quote to back up what they say. Not wiki as its already been shown cab/ts don't on their sites. Seems some responses have been a bit of crowd response.

As I'm contacting cab Tuesday anyway to check my liability.

wealdroam

Naf wrote: »

That response only discusses demands for payment.

No, the response did say...

The Consumer Protection (Distance Selling) Regulations say you have a right to keep goods delivered to you that you didn’t ask for.

If you receive goods you have not ordered, you can treat the goods as an unconditional gift and you can do what you want with them.

Naf wrote: »

When goods have been delivered in error, I believe the sender does have the right to request them back.

Yes, and I too believe that.
Clearly others do too.

But what Tinkerbell28 is repeatedly asking for is some confirmation that our beliefs are correct.

Both the Unsolicited Goods and Services Act 1971 and The Consumer Protection (Distance Selling) Regulations 2000 do not appear mention goods sent by mistake.

Naf

The act is found here:
http://www.legislation.gov.uk/ukpga/1971/30/enacted

And states:

In the circumstances specified in the following subsection, a person who after the commencement of this Act receives unsolicited goods, may as between himself and the sender, use, deal with or dispose of them as if they were an unconditional gift to him, and any right of the sender to the goods shall be extinguished.
(2)The circumstances referred to in the preceding subsection are that the goods were sent to the recipient with a view to his acquiring them, that the recipient has no reasonable cause to believe that they were sent with a view to their being acquired for the purposes of a trade or business and has neither agreed to acquire nor agreed to return them, and either—
(a)that during the period of six months beginning with the day on which the recipient received the goods the sender did not take possession of them and the recipient did not unreasonably refuse to permit the sender to do so; or
(b)that not less than thirty days before the expiration of the period aforesaid the recipient gave notice to the sender in accordance with the following subsection, and that during the period of thirty days beginning with the day on which the notice was given the sender did not take possession of the goods and the recipient did not unreasonably refuse to permit the sender to do so.

Which I read to mean that they're only unsolicited if they were sent "with a view to his acquiring them" I.e. intentionally sent to the person, intended for them. This wouldn't cover something sent by error. It follows that the recipient "has neither agreed to acquire them nor agreed to return them"; which isn't clear if agreeing to return them after receipt still counts an agreement (I would suggest the act itself means that agreement would have occurred beforehand, but realistically agreeing to return them afterwards is still agreeing to it). It also gives a period of 6 months during which the sender can still lay claim to the goods, so looks like you'll be stuck with it for a while unless you can get Amazon to write relinquishing their claim.

Never trust CAB to do Google's job :-P