Been delivered a mystery pc!

criminal_smile

Paul_Varjak wrote:

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.

This is my point exactly. I have no doubt in what the law says, and how it SHOULD apply, but unfortunately in this day and age, the law will still allow for errors. I still feel that that the OP should sit tight and wait for an invoice and then challenge that, but they should also be aware that legal challenges are fought and won all the time on technicaltities.
Time to get rid of all the judicial pensioners, and give some younger minds the chance to rule.

superfurry

Did you sign for the PC ? If not, there is no record of delivery to your home is there !

JayCeeEll

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

The question you have to ask yourself is will a court of law see 'goods sent in error' as unsolicited goods when, as in this case, it is a duplicated order. Not just items sent out of the blue.

The answer is I don't know, opinions?

Paul_Varjak

criminal_smile wrote:

Time to get rid of all the judicial pensioners, and give some younger minds the chance to rule.

Even when the supposedly younger minds get it all wrong?

andy88_2

I ordered a new SIM and contract from a mobile phone dealer. They sent the phone as well by mistake. I rang and asked what happened to phones like this; they sell them separately elsewhere. I asked how often they check stock and did they know where that one was.

In the end I said I had it and didn't want to think that the person who processed the order had made the mistake more than once and might be accused of theft. I kept it and negotiated with the manager a reduced price that allowed for postage and my time if I had had to return it.

I don't imagine you wish to offer to buy it, and PCs are quite often stolen by courier firm employees. Up to you. I'd ring them up.

Edinburghlass_2

Have to agree with andy here as it is not unsolicited goods but a mistake by someone.

Another buyer from this company could well be kicking off about the non-delivery of their pc and someone's job could be on the line.

trickytrolleys

Theyre unsolicited in as far as they were not ordered or requested! I would be very wary of the "may" keep them - thats a legal way of saying - "heres a technicality to be argued!!!!!!!!"

zzzLazyDaisy

HLK wrote:

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..

The law on unsolicited goods changed last year and , AFAIK, the above is now the correct position (before the change you had to give them the opportunity to collect them before you could keep them). I don't have time to check it now - its late and I'm tired :rolleyes:

But I'll have a look tomorrow. Having said that, I am not convinced that this is a straightforward 'unsolicited goods' case - sound more like genuine mistake - but I'll check that out tooo

Daisy

trickytrolleys

This is the text from the act itself: (copied Halsburys)

if unsolicited goods are sent to a person (‘the recipient’) with a view to his acquiring them and the recipient has no reasonable cause to believe that they were sent with a view to their being acquired for the purposes of a business and has neither agreed to acquire nor agreed to return them, the recipient may, as between himself and the sender, use, deal with or dispose of the goods as if they were an unconditional gift to him and the rights of the sender to the goods are extinguished: reg 24(1)–(3). ‘Unsolicited’ means, in relation to goods sent or services supplied to any person, that they are sent or supplied without any prior request made by or on behalf of the recipient; ‘send’ includes deliver; ‘acquire’ includes hire; ‘sender’ in relation to any goods, includes any person on whose behalf or with whose consent the goods are sent, any other person claiming through or under the sender and any person who delivers the goods: reg 24(6).

I dont think you can keep it - Watchdog have conviniently ;left out a very important part!!!

andy88_2

If you get a pen with a letter inviting you to apply for a credit card, that is unsolicited goods.

This is a mistaken duplicate order and may well be duplicate charged. (Perhaps the goods went out of stock and on back order just after the first one was sent.)

I wouldn't even open the box.

The day we rely on Watchdog for consumer law we're in trouble.