Been delivered a mystery pc!

Paul_Varjak

mcelhinney wrote:

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!!!

The arrival of the second computer was unsolicited because only the first was ordered!

andy88_2

Many years ago I mail-ordered a tool, paid in advance direct from the manfacturers, that turned out to be faulty. It was an air-driven random orbital sander; rust was flying out from the beginning and within 4 days use the bearings had failed. The Sales department sent a replacement after admitting that some of these new oil-less motors had had problems. After a couple of weeks I received a letter from the Repairs department that said the tool was beyond economic repair and offering a good discount on a new one. I told them I did not want a new one as this was a warranty replacement. Shortly, I received a bill for the second tool and a repair bill for the first. The Sales tried to correct it. The tech department alleged that I had used the tool without water traps or oil supply in the airline. I said that if so the tool was already faulty and secondhand when I received it. The Sales did manage to sort it in the end, after the credit control had been after me for months for 2 bills.

Whatever the rights and wrongs, legal loopholes and moral niceties, it will very easily be much too much hassle if different departments of your supplier cannot communicate properly (which is why it came to you in the first place) and they start pursuing you for payment. I'd be worried about it on the way back as well. Get some kind of receipt from the courier firm.

GibsonSt19

Well, I must say, I'm utterly shocked.

We have such a good group of people here in the forums, but I've not spotted one suggestion that the OP has a moral obligation to get the goods returned to the retailer (naturally, without cost to the OP).

Should it make a difference that the company who sent it is a large provider of these computers?

Has anyone heard of doing the right thing because it's the right thing to do?

You may be suprised at the response you get if you call the company and let them know that you've recieved a computer that you've not paid for. They may just thank you for your honesty and let you keep it.

We all have a conscience; perhaps it's time we listened to them?

criminal_smile

Paul_Varjak wrote:

The arrival of the second computer was unsolicited because only the first was ordered!

And this constitutes a prior request, therefore ruling out the possibility of claiming the goods are unsolicited as prescribed by the act. If the OP had not ordered a PC, and then received this one, the act would apply as stated above.

g33za

1. check your credit card
2. write to them explaining the situation and state if you do not hear from them in 30 days then you will dispose of the goods. And also state you will not post it back to them and any expense (including your time and cost of posting this letter) you will expect full reimbursement from them and also storage costs.
3. Send this letter recorded.

Paul_Varjak

criminal_smile wrote:

And this constitutes a prior request, therefore ruling out the possibility of claiming the goods are unsolicited as prescribed by the act. If the OP had not ordered a PC, and then received this one, the act would apply as stated above.

It does not constitute a prior request!

Edinburghlass_2

The pc is not identical to mine which was ordered in Jan.

So this means that someone out there is looking for their pc that they ordered and someone could well be in big trouble for this....

trickytrolleys

I dont wish to sound offensive but if you read the extract of the Act it is clearly for times when somebody sends you something that you have in no way requested with a view to getting you to buy it! This would appear not to be the case here and I would be surprised if a judge would allow you to retain the goods, if they start asking for payment then it would be different (although I do think that this is unsolicited) It really appears to be for dodgy companies rather than honest ones who have made a mistake!!

rizla01

Two possibilities here. IMHO.

1) The company knows that they despatched it ( but got the address wrong) and think that the person that ordered it has received it and is chasing them for payment, right now!

2) Return it and probably get someone the sack.

Hmm, Tough call that.








Nah, second thoughts - Keep it. The chap in question might send me one in error too:o

andy88_2

GibsonSt19 wrote:

Well, I must say, I'm utterly shocked.

We have such a good group of people here in the forums, but I've not spotted one suggestion that the OP has a moral obligation to get the goods returned to the retailer (naturally, without cost to the OP).

Should it make a difference that the company who sent it is a large provider of these computers?

Has anyone heard of doing the right thing because it's the right thing to do?

You may be suprised at the response you get if you call the company and let them know that you've recieved a computer that you've not paid for. They may just thank you for your honesty and let you keep it.

We all have a conscience; perhaps it's time we listened to them?

I'm sorry that you anticipated my comments being so cretinously boring that you couldn't be bothered to read them.

andy wrote:

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.

... and I'm only one of several

MrSkint wrote:

... and on the issue of morals I for one would feel guilty about keeping something that was clearly not mine. And the hassle that could come with that guilt.

So GibsonSt19, I and perhaps others will thank you to keep your snooty and patronising insults to yourself next time