Unsolicited goods?

charlielow

So about 3 months ago now somebody committed credit card fraud against me and ordered a few electrical items from John Lewis. They were delivered to a neighbour who realised that the person who went to collect them wasn't us, so we ended up with the items.

We phone John Lewis and told them about the situation, and now have been refunded the money, but they said they would get back to us about picking up the items, but it's been almost 3 months now and they still haven't.

Legally, when do the items become ours? I've read a couple of things saying 6 months, but on adviceguide.org.uk it seems to say that unsolicited goods become yours straight away.

Do these count as unsolicited goods?

lincroft1710

charlielow wrote: »

So about 3 months ago now somebody committed credit card fraud against me and ordered a few electrical items from John Lewis. They were delivered to a neighbour who realised that the person who went to collect them wasn't us, so we ended up with the items.

We phone John Lewis and told them about the situation, and now have been refunded the money, but they said they would get back to us about picking up the items, but it's been almost 3 months now and they still haven't.

Legally, when do the items become ours? I've read a couple of things saying 6 months, but on adviceguide.org.uk it seems to say that unsolicited goods become yours straight away.

Do these count as unsolicited goods?

I would have said the goods were stolen. Not by you, but by the person who fraudulently ordered them.

Why not give John Lewis another call, or e-mail them

pinkshoes

You need to contact JL in writing, explaining what has happened, and giving them reasonable time frame to come and collect the items.

Send it with proof of postage.

OlliesDad

No these are not unsolicited goods. Rather than trying to profiteer from somebody elses illegal activity, just contact JL to rearrange collection.

frugal_mike

The goods are not unsolicited. John Lewis sent the goods to you because they were ordered in your name. They would only be unsolicited if John Lewis had no reason to send them to you.

I do not think they ever legally become yours. John Lewis has up to 6 in which they could make a claim against you in court if you refused to give them back (I'm not suggesting you would refuse btw). That comes from the Limitations Act that specifies the statute of limitations for making claims.

In reality John Lewis will probably just forget about them if they haven't asked for them back yet.

bris

You have now become an "Involuntary Bailee" of the goods and as such have a process to complete before you can do anything with them. Google the term for your legal obligations to the goods.

Money-Saving-King

charlielow wrote: »

Do these count as unsolicited goods?

Of course not. John Lewis didn't randomly send them to you hoping you'd be tempted to buy. You know exactly how they got to you.

Unknown

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tomtontom

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moaninggit

give the goods to the police they are evidence in a fraud case.

OlliesDad

moaninggit wrote: »

give the goods to the police they are evidence in a fraud case.

There is no mention of the police even being contacted, let alone a case being opened.