After how long after delivery do extra items become mine?

fat-pudding

Sorry, slightly long post, thanks for reading it all!

I recently placed an order with an online store for some clothes, I tried to check out with paypal and got an error message saying the transaction could not be completed. I then tried a couple of days later to place another order for the same items and again got an error message that the transaction could not be completed with paypal, so I finally entered some debit card details and the order completed, I got an order confirmation and I was happy.

Then after a week the goods turned up, and then again the next day a second lot of clothes turned up...

At this point I contacted the online store on the phone to make sure that they'd not sent a third set of clothes and explained what had happened. Somehow the authorisation from paypal had worked but their system wasn't working properly and had given the error messages so they'd seen 3 orders but realised that one of last 2 were a duplicate and cancelled one of them. I explained that I didn't need the second set of clothes and the guy said I could use their returns process and they'd sort out the refund. After getting off the phone I read the included paperwork about the returns process and it involves me sending the items back at my cost and then they'll refund (no mention of if they'll refund the postage!).

So, the next day I think this isn't really fair so sent then an email asking for them to do a pick up using their courier (which is possible but they still expect you to pay for this service!) and I get no reply and then a few days later I mail again but still no response, around this time I notice they've only taken payment for one sets of clothes.

Now it's a couple of weeks later and the paypal authorisation has expired so they can't take extra money and they've not got back in touch with me. I've already chased them at my expense and they want me to fork out to return the items which they've not charged me for so I'm not chasing them any more.

How long until the items can be counted as "mine" I'm not wanting to act fraudulently here but at the same time I've already spent my time trying to sort this out (and it's their mistake) and the seller ignored my mails so I'm not returning their stock at my expense.

neilmcl

I'd say 6 years.

bris

They can never be yours. You can give them a timescale to pick them up and when it expires you can sell them and keep any reasonable expenses doing so, the balance must be paid to them.
You have a duty of care to look after their items, they will never belong to you.

jacques_chirac

Why not pick up the phone and speak to someone?

MamaMoo_2

bris wrote: »

They can never be yours. You can give them a timescale to pick them up and when it expires you can sell them and keep any reasonable expenses doing so, the balance must be paid to them.
You have a duty of care to look after their items, they will never belong to you.

Well, technically the statute of limitations is 6 years.

OP, you can either put the items to one side until they're ready to collect, or send them back yourself, however they can pursue you in court for the item or payment at any point in the next 6 years.

ThumbRemote

If they want the goods back, insist they send a courier (at your convenience) or a pre-paid address label. Don't pay out for any postage yourself.

bris

MamaMoo wrote: »

Well, technically the statute of limitations is 6 years.

It doesn't matter, the 6 year rule just means they can't take you to court for a debt, it doesn't mean you don't still owe the debt.

The statute of limitations does not clear debt, if you owe someone you still owe it until it's paid. It's a personal choice whether you bump someone for money owed after 6 years or not.

fat-pudding

Seems I didn't make myself clear given a couple of response, I already phoned them and told them (and 20 minutes on hold to do so on a non-free number). Then I emailed them twice and they *ignored* my emails with no response.

I'm not following this up any more with the seller as it seems they were ignoring me as they wanted me to pay the return postage, just they didn't realise they forgot to take payment in the first place (due to problems with their ordering system).

I just want to know what my liability is from now on as I'm not paying to return goods that are (at least partially!) unsolicited. I've told them I have the items and that they are free to collect them but they do not respond or arrange a collection.

I'm not sure why people are mentioning the 6 year limitation. That's if you owe someone some money (as far as I am aware, if there are other references then let me know), I don't owe these people any money as the goods were not wanted and they knew this, in fact, it comes down to them owing me money if you want to get silly as you can charge reasonable amounts for storage, after a few years I'm sure this would exceed the cost of the clothes!

Anyhow, if they didn't get in touch or collect they'd have a hard time proving that I didn't send the clothes back anyway when they first asked me to do and that they didn't get lost in the post or that they didn't receive them.

unholyangel

fat-pudding wrote: »

Seems I didn't make myself clear given a couple of response, I already phoned them and told them (and 20 minutes on hold to do so on a non-free number). Then I emailed them twice and they *ignored* my emails with no response.

I'm not following this up any more with the seller as it seems they were ignoring me as they wanted me to pay the return postage, just they didn't realise they forgot to take payment in the first place (due to problems with their ordering system).

I just want to know what my liability is from now on as I'm not paying to return goods that are (at least partially!) unsolicited. I've told them I have the items and that they are free to collect them but they do not respond or arrange a collection.

I'm not sure why people are mentioning the 6 year limitation. That's if you owe someone some money (as far as I am aware, if there are other references then let me know), I don't owe these people any money as the goods were not wanted and they knew this, in fact, it comes down to them owing me money if you want to get silly as you can charge reasonable amounts for storage, after a few years I'm sure this would exceed the cost of the clothes!

Anyhow, if they didn't get in touch or collect they'd have a hard time proving that I didn't send the clothes back anyway when they first asked me to do and that they didn't get lost in the post or that they didn't receive them.

The goods are not unsolicited. They are only unsolicited if a company send goods to you intending for you to use them with no request from you or someone on your behalf. You did make a request, there was just a problem during the ordering process.

The 6 year limitation is not just if someone owes you money.

fat-pudding

unholyangel wrote: »

The goods are not unsolicited. They are only unsolicited if a company send goods to you intending for you to use them with no request from you or someone on your behalf. You did make a request, there was just a problem during the ordering process.

The 6 year limitation is not just if someone owes you money.

They said the order was "incomplete" and don't have a record of them on their system and the order was not completed, therefore they negated the contract before it was formed... Anyhow, nobody has still given an answer with a reference about the 6 year thing so it looks like nobody knows.

unholyangel

fat-pudding wrote: »

They said the order was "incomplete" and don't have a record of them on their system and the order was not completed, therefore they negated the contract before it was formed... Anyhow, nobody has still given an answer with a reference about the 6 year thing so it looks like nobody knows.

An answer to what?

You thought the statute of limitations only applies to debt you currently owe. It doesnt. Its also how long they have to bring actions against you for breach of care/statutory duty.