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Been delivered a mystery pc!
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loza_2
Posts: 14 Forumite
in Techie Stuff
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you could send it to me if you like???0
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Unsolicited goods... !!
Was there an invoce or dispatch note with it ?
Maybe you could charge them storage !
You don't say who the company is .. If it's MISCO -- run like h....!HLK
"Karma - it's a wonderful thing" - Just ask Earl!0 -
Keep it and keep quiet - it's their mistake so it's up to them to find it!
I bet if you phoned and told them about it they would say they no nothing about it and then you will kick yourself.**BERTIE**Did you Know: It costs more than £325,000 a day to run the lifeboat service? (with no government funding) Please donate to the RNLI0 -
see http://www.bbc.co.uk/watchdog/guides_to/consumerlaw/index4.shtml
good news..
CONSUMER PROTECTION (DISTANCE SELLING)
These regulations apply to most contracts made at a distance. They require consumers to be given a certain amount of information before they commit themselves to the deal. They also provide a short cancellation period. The actual length of the cancellation period, however, depends on whether or not the required information has been given. If not it is three months and seven working days.
If you are sent unsolicited goods, you may treat them as an unconditional gift. The rights of the seller are extinguished, and he/she commits a criminal offence if he/she demands payment for them and/or otherwise threatens legal proceedings.
RESULT!!!!! FROM WATCHDOG..
I WANT ONE...HLK
"Karma - it's a wonderful thing" - Just ask Earl!0 -
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You will need to read up on The Unsolicited Goods Act. You have a duty of care for these goods, and should make reasonable efforts to contact them to arrange collection. If they fail to collect, you can, after a reasonable time, do with the goods what you will. If it is a genuine error on behalf of the company, and you refuse to return them, they could instigate legal proceedings to ensure payment or return. That could go either way in front of a judge (worth going though).
TBH, you could say nothing as mentioned earlier, and hope no invoice shows.
Cheap PC on Ebay, anyone?I haven't been asked to tell you that I'm the [highlight]Board Drunk[/highlight] for this board. As the night wears on, my posts will become worse, with simple spelling mistakes, inane ramblings, and a blatant disregard for the truth. I have no authority to do anything, so there's no point asking or telling me. If you see me past midnight, please tell me to get my coat and order me a taxi.
Free Ebay Simple Profit/Loss Spreadsheet. PM me for a download link.0 -
You need to contact the said company ( explain that this is your 3rd email/snailmail/phone call in 3 weeks) to collect the item, and repeat the clause as expressed in the (other 3 emails
) that you intend to scrap the goods (within 30 days of receipt) and charge the company for your time and efforts.
You should end up with a ahem free pc and an appology from said company.£2 savers club = £83.500 -
If you follow my lnk above to the BBC watchdog Consumer Law page it clearly states..
"If you receive something unsolicited, this law states that you are under no obligation to return it."
see my previous post above..HLK
"Karma - it's a wonderful thing" - Just ask Earl!0 -
HLK, this might be what the media say, but in the real world...... the law is NOT black and white. They CAN start legal proceedings, and may have a good case. Deffo worth arguing in court if it came to that, and I would suggest contacting your local Trading Standards Office so that there was a record of you having taken 'advice' on the matter.
I love getting calls like this, I always hope the complainant gets to keep the goods. Doesn't always work out like that though.I haven't been asked to tell you that I'm the [highlight]Board Drunk[/highlight] for this board. As the night wears on, my posts will become worse, with simple spelling mistakes, inane ramblings, and a blatant disregard for the truth. I have no authority to do anything, so there's no point asking or telling me. If you see me past midnight, please tell me to get my coat and order me a taxi.
Free Ebay Simple Profit/Loss Spreadsheet. PM me for a download link.0 -
CRIMINAL_SMILE:
You are a few years out of date, criminal-smile. New regulations came into force on November 1, 2000 and HLK is correct in what he says and the law is unequivocally clear on what it says.
Under the Unsolicited Goods and Services Act 1971, (as amended) someone who receives goods in these circumstances may retain them as an unconditional gift, and does not have to pay for or return any unwanted goods.
Prior to November 1, 2000 the recipient was required to give notice to the sender to collect them within 30 days, or otherwise to wait for 6 months, before being able to treat the goods as their own property, but this requirement no longer applies and so the duty of care you allude to no longer applies.
Even under the old regulations that you mention there was never any requirement to return unsolicited goods; you just had to give the sender the opportunity to collect them!
One problem I see with this particular case is that the sender probably has has the recipient's credit card details and may well have charged him/her!
I do agree that this is probably a genuine mistake and that the law is really intended to trap 'rogue' sellers, so I would give the sender the opportunity to collect the goods in this case.0
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