2 items delivered - only ordered 1

unholyangel

The purpose of unsolicited goods act was to protect people from being sent items they hadnt asked for then the company billing them for said items.

Goods sent in error remain the property of the sender.


You can discharge yourself from your duty of care but as other posters have said, you need to send them 2 written notices and both written notices need to include certain information.

If you are requesting any fee's (storage fee's for example) then you need to wait a minimum length of time between the first and 2nd notices, otherwise you can send them together. Give them a reasonable deadline - 14 days minimum imo. And remember to keep copies of the notices for your own records since statute of limitations is 6 years.

John_Jizzle

Now i'm even more confused:rotfl:

Does email count as writing to them - i'm assuming not. I cant really be bothered writing and posting letters off. I'll let them do the running around now.

Will stick it in a cupboard for a month or so and forget about it
Or
Sell it now - then if they chase in a month or so i could probably buy it new again for cheaper (is a computer game which drop fast in price)and make some money (admittedly not much for the effort lol)

bod1467

So ..... I was right then. What say you battleborn? Humble pie time?

Agricolae

I'm not sure, as others have states, that this additional item could be considered "unsolicited".

I've had a look at the Sale of Goods Act and, apparently, the OP has the right of partial rejection because a larger quantity of goods was delivered than he had contracted for.

Obviously, the word "rejection" implies that you refuse to accept ownership of the goods and they therefore remain the property of the seller.

The act also states (section 36):

Buyer not bound to return rejected goods.

Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.

This is a bit vague as clearly the item still belongs to the seller. What I would take from this is that the OP is under no obligation to send the item back at their own expense. If the seller wants the item back then they will have to put in the legwork.

If it were me I would offer to send the item back to the seller in return for reimbursement of the postage.

OlliesDad

Toffee21 wrote: »

You brought an item and it was delivered in accordance with the contract of sale, so contract for filled and matter closed.

You then received an additional item that you neither asked nor paid for, which by it's very definition is unsolicited.

Sell it on and keep the money or donate it to charity. They aren't going to waste their time pursuing this and even if they do, it is clearly unsolicited.

PS: Exercise great caution on the MSE forum. You'll have some regular members tell you that you're liable for the pot hole repairs on Tesco car park if you don't following their directional arrow or park outside a marked bay.

I ordered a black iphone and a white was delivered in error. Since there was no contract for the white one does that mean it is unsolicited and I can keep it without paying? Awesome!

tinkerbell28

Toffee you're wrong. See my recent thread unsolicited goods. I did get a parcel addressed to me, with a very valuable item in with no original order.

It met the definition of unsolicited goods...however there is some clause deep down in law about errors, some kind mse'r found the law. Despite it not being featured in the basic consumer help and advice.

bod1467

tinkerbell28 wrote: »

See my recent thread unsolicited goods. I did get a parcel addressed to me, with a very valuable item in with no original order.

This is the thread.

DCodd

wealdroam wrote: »

OP, you would be better advised to read this:
http://www.adviceguide.org.uk/england/consumer_e/consumer_common_problems_with_products_e/consumer_lost_found_and_uncollected_goods_e/how_to_dispose_of_left_behind_goods.htm

The excess goods you have are not in law considered unsolicited goods, and Toffee21's advice will lead you to trouble.

Interesting as that is not what it says here.
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

What your link describes is for goods left behind and not goods delivered.However I would personally allow the Company to collect the Goods delivered in error but not accept any claims from them for any damage to the goods while in your possession.

ThumbRemote

DCodd wrote: »

Interesting as that is not what it says here.
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

What your link describes is for goods left behind and not goods delivered.However I would personally allow the Company to collect the Goods delivered in error but not accept any claims from them for any damage to the goods while in your possession.

Your link is for unsolicited goods. Further up the thread there is discussion as to whether this extra parcel is unsolicited.

tinkerbell28

DCodd wrote: »

Interesting as that is not what it says here.
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

What your link describes is for goods left behind and not goods delivered.However I would personally allow the Company to collect the Goods delivered in error but not accept any claims from them for any damage to the goods while in your possession.

Indeed see the thread posted above. The advice isn't quite spot on. It does not include the law about errors or something. Someone found it in my thread.

As citizens advice and trading standards do not give the full picture, so I found.