Computers x2 when I ordered 1

chocoholic123

I ordered a new computer in December last year.

They delivered 2! I'm an honest person and told the company immediately, they said they'd organise collection of the second computer.

At the beginning of January I rang them to remind them... they said they'd sort it out and not to open it. Which I haven't.

At the end of January I emailed them again, and as such have an email trail, telling them again they still hadn't collected it. Again they said they'd collect it. I've emailed once since and that time had no reply.

Frankly I forgot about the computer, as have they, but have just found the box again at the back of a load of other boxes I was sorting out.

Can I charge them storage? Somebody at work said I could, but I've googled but couldn't find much on what to charge or how to go about it, or if I'm allowed. Frankly they would probably ignore the email requesting any money. I don't think I could ever open the box / or sell it on ebay - it would feel wrong, despite having put in a good effort to get it back to them. But what is the legal position - can anyone advise?

powerful_Rogue

Will be worth having a read of this link > http://www.adviceguide.org.uk/nireland/consumer_ni/consumer_common_problems_with_products_e/consumer_lost_found_and_uncollected_goods_e/how_to_dispose_of_left_behind_goods.htm

These are the important parts:

You can’t keep, sell or get rid of the goods until you have sent two written notices to the owner, if you are able to trace them. The notices can be sent separately or together.


They must be delivered personally or posted to the owner. If you choose to send the notices together, you must send them by registered post or special delivery.
The first notice must include:

• a statement that the owner is responsible for collecting the goods
• details of what the goods are and where they are kept
• the name and address of the person who has them
• what money, if any is owed for the goods. This would apply if your goods are in a shop and the trader has carried out repairs to them that you need to pay for.

The second notice is also called a notice to sell, and must include:

• a statement that you intend to sell or get rid of the goods if they are not collected by a given date
• details of the goods and where they are kept
• your name and address
• what money, if any, is owed for the goods.

If the owner doesn’t collect the goods by the date you gave on the notice and you are sure the goods belong to that person, you can sell the goods. If you sell the goods, they now belong to the new buyer. This is known as having good title.


You must send them the money from the sale. You must also be able to show you got a fair price for the goods.

Must admit that the last part dosent seem overly fair to me.

chocoholic123

Thats very much in favour of the company - I certainly have emails showing I've tried to return it - but can't be bothered with the effort of selling and sending them the money.

Is it possible to charge them storage for the parcel? An invoice may shake them up into collecting it at least - they really don't seem interested as is...

DevCoder

No you can't charge them storage fees as you don't have a contract with them that states that.

chocoholic123

Hang on - I've just spent a bit of time on the AdviceGuide website as linked by Powerful_Rogue - and found this:

http://www.adviceguide.org.uk/wales/consumer_w/consumer_common_problems_with_products_e/consumer_problems_with_delivery_e/consumer_unsolicited_goods_e/youve_received_goods_or_services_you_didnt_ask_for_distance_sales.htm

Although I'm confused by the text on that page too - it seems to contradict itself (aka I'm not clever enough to understand)...

The Consumer Protection (Distance Selling) Regulations say you have a right to keep goods delivered to you that you didn’t ask for. These are known as unsolicited goods. But if goods are sent to you by mistake, you need to contact whoever sent them to let them know and ask them to collect the goods.

and then

You have no obligation to return unsolicited goods to the trader or allow the trader to collect the goods.

Geez - I'm surprised this is such a confusing issue - it must happen all the time to people? I'm thinking I'm going to put the box back at the back of the cupboard again - and forget all about it!

wealdroam

The next sentence after the first bit you have quoted says:

You might get goods sent by mistake if they are meant for someone else or you’ve been sent duplicate or extra items on top of what you ordered.

That is exactly your situation.

Your second laptop is not, in this context, unsolicited goods.

powerful_Rogue

chocoholic123 wrote: »

Hang on - I've just spent a bit of time on the AdviceGuide website as linked by Powerful_Rogue - and found this:

http://www.adviceguide.org.uk/wales/consumer_w/consumer_common_problems_with_products_e/consumer_problems_with_delivery_e/consumer_unsolicited_goods_e/youve_received_goods_or_services_you_didnt_ask_for_distance_sales.htm

Although I'm confused by the text on that page too - it seems to contradict itself (aka I'm not clever enough to understand)...



and then



Geez - I'm surprised this is such a confusing issue - it must happen all the time to people? I'm thinking I'm going to put the box back at the back of the cupboard again - and forget all about it!

The computer wouldnt be classed as unsolicited goods. That relates to companies which send you items such as books to review and ask for payment.

chocoholic123

It sounds very much like unsolicited goods now I've read the legal page.
Or am I missing something obvious?

http://www.legislation.gov.uk/ukpga/1971/30/enacted

In the circumstances specified in the following subsection, a person who after the commencement of this Act receives unsolicited goods, may as between himself and the sender, use, deal with or dispose of them as if they were an unconditional gift to him, and any right of the sender to the goods shall be extinguished.
(2)The circumstances referred to in the preceding subsection are that the goods were sent to the recipient with a view to his acquiring them, that the recipient has no reasonable cause to believe that they were sent with a view to their being acquired for the purposes of a trade or business and has neither agreed to acquire nor agreed to return them
...
Interpretation.
...
" unsolicited " means, in relation to goods sent to any person, that they are sent without any prior request made by him or on his behalf.

I forgot to mention they did try and charge me for the second laptop - but the online order I made clearly stated just one, they refunded me and again said they would collect. I was surprised they tried to charge me for the second as I had pointed out their error BEFORE this had happened.

EDIT - No, now I've read it again - I've changed my mind a bit. Morally I feel like I've done my bit in trying to get the items back to the owner. Legally I'm confused and don't what I'm supposed to do with the thing!

marliepanda

They are not unsolicited. They have been sent in error. You won't win on that way.

Yes it's annoying but they have 6 years to collect (or collect the money if you sell it, and no you can't sell it for £1 to your mate.) just keep bugging them and ask for a gesture if goodwill refund for your time and effort.

unholyangel

chocoholic123 wrote: »

It sounds very much like unsolicited goods now I've read the legal page.
Or am I missing something obvious?

http://www.legislation.gov.uk/ukpga/1971/30/enacted



I forgot to mention they did try and charge me for the second laptop - but the online order I made clearly stated just one, they refunded me and again said they would collect. I was surprised they tried to charge me for the second as I had pointed out their error BEFORE this had happened.

EDIT - No, now I've read it again - I've changed my mind a bit. Morally I feel like I've done my bit in trying to get the items back to the owner. Legally I'm confused and don't what I'm supposed to do with the thing!

For them to be unsolicited goods they must have been sent to you with the view of you using them (ie not sent by mistake) without any prior request by you or someone on your behalf.

You have made a request, just not for that particular item. Ergo there has been a request and the goods are not unsolicited. Goods sent in error remain property of the sender.

unholyangel

marliepanda wrote: »

They are not unsolicited. They have been sent in error. You won't win on that way.

Yes it's annoying but they have 6 years to collect (or collect the money if you sell it, and no you can't sell it for £1 to your mate.) just keep bugging them and ask for a gesture if goodwill refund for your time and effort.

Just to add on to marlie.....you could offer to buy it off them at a reduced rate and sell it on as an alternative. They don't have to agree but may be worthwhile if they reduce it enough.