Rights to keep goods that were not ordered?

danp100

Hi,
I recently ordered a bed frame and a mattress which I have received along with a second bed frame which was not ordered. I have emailed the company with all the details and asking them to collect. If I dont hear back from them I am wondering what my rights are? Am I in my rights to get rid of the bed frame which I do not want even by selling it? How long do I need to wait for a response, since it is taking up space in my house?

thanks for the advice,
dan

bris

No, you have no right to keep it.

This was a mistake not unsolicited so you should inform them of their mistake and give them the chance to collect the goods at their expense.

unholyangel

Theres a set procedure to follow. It requires sending 2 written notices (with proof of posting) to them giving them a reasonable time to arrange collection at their expense and your convenience.

If they do not collect it within that time then you are free to dispose of it or sell it. However you must get a fair price for it (no mates rates) and the money from the sale belongs to them (minus any reasonable costs incurred due to the sale - ie postage for example)

After 6 years, the money is still theirs technically but they lose their right to chase you for it (statute barred under the limitations act).

pinkshoes

Did you give them a time limit to collect?

Pinkypants

unholyangel wrote: »

Theres a set procedure to follow. It requires sending 2 written notices (with proof of posting) to them giving them a reasonable time to arrange collection at their expense and your convenience.

If they do not collect it within that time then you are free to dispose of it or sell it. However you must get a fair price for it (no mates rates) and the money from the sale belongs to them (minus any reasonable costs incurred due to the sale - ie postage for example)

After 6 years, the money is still theirs technically but they lose their right to chase you for it (statute barred under the limitations act).

How would they know that you sold it?

Couldn't you just say that you throw it away? As it was taking up too much space.

browneyedbazzi

Pinkypants wrote: »

How would they know that you sold it?

Couldn't you just say that you throw it away? As it was taking up too much space.

You have a duty of care for property left in your possession - throwing it away without first attempting to return it to the owner or sell it so that you can return it's value to the owner would be a breach of that duty. They could sue you for the value of the item.

Pinkypants

I was meaning assuming that you've followed the rules and have contacted them.

This was the bit I was meaning:-

If they do not collect it within that time then you are free to dispose of it or sell it. However you must get a fair price for it (no mates rates) and the money from the sale belongs to them (minus any reasonable costs incurred due to the sale - ie postage for example)

How would they know that you've sold it or thrown it out?

unholyangel

Pinkypants wrote: »

I was meaning assuming that you've followed the rules and have contacted them.

This was the bit I was meaning:-

If they do not collect it within that time then you are free to dispose of it or sell it. However you must get a fair price for it (no mates rates) and the money from the sale belongs to them (minus any reasonable costs incurred due to the sale - ie postage for example)

How would they know that you've sold it or thrown it out?

You'd have to ask the advice.org site. The advice I gave comes from their website on how to dispose of abandoned/uncollected goods.

http://www.adviceguide.org.uk/england/consumer_e/consumer_common_problems_with_products_e/consumer_lost_found_and_uncollected_goods_e/how_to_dispose_of_left_behind_goods.htm

Being honest I think the law just assumes everyone is honest and trustworthy and not liars and thieves!

Pinkypants

Just like no one drives above 30mph in a built up area.

mttylad

Tell them you'll put it out front for collection

unholyangel

mttylad wrote: »

Tell them you'll put it out front for collection

OP has a duty of care. If they done this and it was subsequently stolen or damaged, they'd be liable for the retailers losses as a result of their breach of care.