After how long after delivery do extra items become mine?

wealdroam

fat-pudding wrote: »

Please point me at the relevant statute so I can read it.

As LazyDaisy says, it is simple contract law.

Section 5 of The Limitation Act 1980 says:

5 Time limit for actions founded on simple contract.
An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

You do understand that you will only get opinions on a forum, don't you?
If you want a more detailed factual answer, you may need to pay a professional for it.
It may or may not be worth it.

timbstoke

OK, just to recap the facts so I'm sure I understand:

- You attempted to order goods. At least one of these attempts failed
- You eventually successfully completed your order. This was completed with no issues.
- One of the incomplete orders was delivered to you.
- You have not been charged for any of the unwanted items

If that's all right, then the position is this:

- The goods are not unsolicited. Unsolicited Goods only applies to goods where the sender knew you hadn't placed an order and sent them anyway, hoping that they could then invoice you. In this case, the company believed (albeit wrongly) that you had ordered the goods. Hence, not unsolicited.
- You do not have to return the goods at your cost. You do have an obligation to take care of them and make them reasonably available for collection.
- The goods will never become yours. The company may choose not to bother collecting them, but unless you pay for them, they're not yours.

For your next step, email or write to them once more, outlining the situation and explaining that you have received additional goods which you didn't order. Ask them if they would like to arrange a collection or provide you with a pre-paid postage label for the return, or if they would prefer you to dispose of the goods yourself. It's probably worth adding a time limit of 28 days or so for them to make arrangements.

If they tell you to dispose of them, THEN you can consider them yours.

If they arrange to collect or send you a postage label, then you return the goods to them.

If they ignore you, then chances are they're not going to bother collecting them and you can *probably* keep them. Even so, I'd follow up after 28 days to advise them that, as per your previous mail, you now intend to dispose of the goods. You should then keep them safe for another month or so to be on the safe side. Legally speaking, this won't make them yours, but it will give you enough ammunition that it's probably not worth their time to do anything about it.

tattycath

If they took a card payment from you can they not take another payment if they so wish, using the card details provided?
Also. You can't claim non receipt as you have already notified them by phone and e.mail that you have received them-so they are now definitely aware you have them.
Hope you get it sorted OP.

jacques_chirac

fat-pudding wrote: »

I want an answer over my next steps to take given the situation above

fat-pudding wrote: »

I'm not phoning again

So you only want answers that agree with you?

fat-pudding

dalesrider wrote: »

No idea if they can do the same via PP. Only a call to PP would tell you what their timescales are.

Re. The statute of limitations. I would say you are looking at 6 years.
My basis for this is you owe them money for order placed, which they dispatched.

Paypal quite clearly gives a 30 day window, the authorisation for that expired, hence why I asked the question. If the company had taken money I'd be phoning them and being a bit stern with them.

Anyhow, if the limit for me to look after their stuff is 6 years, that's fine just I won't be doing that for them. The basis of the question was to find out if there is a legal limit of say 12 months then I'd hold on to them until the end of that window.

fat-pudding

jacques_chirac wrote: »

So you only want answers that agree with you?

No, I want answers that don't tell me to phone them up (£3.60 the last call cost me as it's an 0844) or what to do. I just wanted to know the limit that this can be pursued for, people think it's 6 years that's fine. I will hold on to the goods for 6 months and deal with them after this, if it turns out I was wrong, and the vendor takes me to court (yeah, right) I think I can point out that they *CANCELLED* the first 2 transactions and the 3rd transaction, if they want to argue what the word *CANCELLED* means (I guess they can use some people here who don't understand what cancelled means as their lawyers) then I'll quite happily push back and tell them that I also returned the goods 6 months ago... even if I did would they confirm it?

fat-pudding

tattycath wrote: »

If they took a card payment from you can they not take another payment if they so wish, using the card details provided?
Also. You can't claim non receipt as you have already notified them by phone and e.mail that you have received them-so they are now definitely aware you have them.
Hope you get it sorted OP.

They didn't take a card payment, it's 3 orders.

Order 1. Placed with paypal as the payment method, at the end of order process I got an error message telling me that the order had not been completed (and I am 99% certain it said cancelled). (no email confirmation, order number given or account setup on their site)

Order 2. Placed with paypal as the payment method, at the end of order process I got an error message telling me that the order had not been completed (no email confirmation, order number given or account setup on their site)

Order 3. Placed with visa debit as the payment method, at the end of the order process I got an order number, an account setup and an email confirming my order, this is the one that they latterly cancelled.

Order 1. turns up a week later, they debit the amount from paypal, with this transaction they get a 30 day window to take payment.

Order 2. turns up the next day, I call them up (30 minute call on an 0844) and explain and tell them I don't want order 3. they tell me they already cancelled order 3 and I can return the goods. I say OK and then later see this is at my expense.

I then email them twice asking them to arrange a pickup as it's not fair that I will end up out of pocket for their mistake, they ignore these emails. Between sending email 1 and 2 I realise they have not taken any money from paypal.

I wait for the paypal authorisation to expire for order 2 (30 days after placing the order). as I am not chasing them again *unless* they have my money, in which case I would want it back.

Now I still have some items from an order that was cancelled before it was completed... they told me it was cancelled and I'm not in a mood to chase this as I have already spent a bit of time on it. The goods are now going to live in the top of the airing cupboard for 6 months, then I might try again.

somethingcorporate

Who is the retailer? have you tried https://www.saynoto0870.com ?

ThumbRemote

somethingcorporate wrote: »

Who is the retailer? have you tried www.saynoto0870.com ?

Why should they though? The retailer has already been notified (multiple times). If they are too incompetent to deal with that, it's certainly not the OPs job to keep chasing them.

MamaMoo_2

fat-pudding wrote: »

They didn't take a card payment, it's 3 orders.

Order 1. Placed with paypal as the payment method, at the end of order process I got an error message telling me that the order had not been completed (and I am 99% certain it said cancelled). (no email confirmation, order number given or account setup on their site)

Order 2. Placed with paypal as the payment method, at the end of order process I got an error message telling me that the order had not been completed (no email confirmation, order number given or account setup on their site)

Order 3. Placed with visa debit as the payment method, at the end of the order process I got an order number, an account setup and an email confirming my order, this is the one that they latterly cancelled.

Order 1. turns up a week later, they debit the amount from paypal, with this transaction they get a 30 day window to take payment.

Order 2. turns up the next day, I call them up (30 minute call on an 0844) and explain and tell them I don't want order 3. they tell me they already cancelled order 3 and I can return the goods. I say OK and then later see this is at my expense.

I then email them twice asking them to arrange a pickup as it's not fair that I will end up out of pocket for their mistake, they ignore these emails. Between sending email 1 and 2 I realise they have not taken any money from paypal.

I wait for the paypal authorisation to expire for order 2 (30 days after placing the order). as I am not chasing them again *unless* they have my money, in which case I would want it back.

Now I still have some items from an order that was cancelled before it was completed... they told me it was cancelled and I'm not in a mood to chase this as I have already spent a bit of time on it. The goods are now going to live in the top of the airing cupboard for 6 months, then I might try again.

Be very careful. They may well debit the amount from your visa debit card as the authorisation is valid for 6 months.

Why not write to them via recorded delivery?