Rights to keep goods that were not ordered?

malchish

Or,
Unsolicited goods are a gift.

unholyangel

malchish wrote: »

Or,
Unsolicited goods are a gift.

Goods which have been sent in error are not unsolicited goods. They remain property of the sender.

For goods to be unsolicited they must have been sent with no prior request by the recipient or someone on their behalf.

malchish

it is up to the retailer to rpovve that the goods were sent by mistake.

from citizen advice:
You can keep the goods The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say you have a right to keep goods dYou can keep the goods The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say you have a right to keep goodsd

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. If you receive goods you have not ordered and which haven’t been sent by mistake, you can treat the goods as an unconditional gift and you can do what you want with them.
Do you have to return unsolicited goods?

You have no obligation to return unsolicited goods to the trader or allow the trader to collect the goods. However, it would be reasonable for you to contact the trader to explain what has happened and give them a chance to collect the goods from you.

• Write a letter to the trader about the goods you received

If you receive a demand for payment

If you receive a demand for payment for unsolicited goods or services, you can ignore it. If the trader does this, they may have committed a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008. You should report the matter to your trading standards department through Citizens Advice.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.
If you receive goods you have not ordered and which haven’t been sent by mistake, you can treat the goods as an unconditional gift and you can do what you want with them.
Do you have to return unsolicited goods?

You have no obligation to return unsolicited goods to the trader or allow the trader to collect the goods. However, it would be reasonable for you to contact the trader to explain what has happened and give them a chance to collect the goods from you.

• Write a letter to the trader about the goods you received

If you receive a demand for payment

If you receive a demand for payment for unsolicited goods or services, you can ignore it. If the trader does this, they may have committed a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008. You should report the matter to your trading standards department through Citizens Advice.

somethingcorporate

More bad advice malchish - you should really take up a different hobby.

The goods are not unsolicited if they come with an existing solicited order.

Very selective with what you have copied and pasted there, here is the full link (from the consumer rights FAQ): http://www.adviceguide.org.uk/england/consumer_e/consumer_common_problems_with_products_e/consumer_problems_with_delivery_e/consumer_unsolicited_goods_e/youve_received_goods_or_services_you_didnt_ask_for.htm

"You can keep the goods

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 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. 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.

If you receive goods you have not ordered and which haven’t been sent by mistake, you can treat the goods as an unconditional gift and you can do what you want with them."

Direct quote from the CAB link. Only if they were sent deliberately (and unsolicited) are you entitled to keep them, otherwise you are liable to keep them safe for their return.

DevCoder

hmm, yeh, very "judicious" copy and paste, "accidentally" missing parts out there

JimmyTheWig

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?

It doesn't matter whether you've sold it or thrown it out if you've a responsibility to get a fair price for it.
If you could easily sell it for £200 and you throw it out then you owe the company £200.

mattyprice4004

somethingcorporate wrote: »

More bad advice malchish - you should really take up a different hobby.

I agree - might be time to click the 'log off' button with such poor advice that could lead people in to trouble!

usignuolo

Interesting. I was delivered a mobile phone and headphones I had not ordered. But they were correctly delivered to me at my address because they had been ordered by scammers on line masquerading as me.

The scammers phoned me shortly after delivery to say there was a mistake in the delivery and could they send someone round to pick them up. I said I had already sent them back (not actually true but I did not want to hand them over to the scammers.) I contacted the mobile phone company who said they would send me an SAE to return them, but it never arrived. Would I be entitled to keep them?

ThumbRemote

usignuolo wrote: »

Interesting. I was delivered a mobile phone and headphones I had not ordered. But they were correctly delivered to me at my address because they had been ordered by scammers on line masquerading as me.

The scammers phoned me shortly after delivery to say there was a mistake in the delivery and could they send someone round to pick them up. I said I had already sent them back (not actually true but I did not want to hand them over to the scammers.) I contacted the mobile phone company who said they would send me an SAE to return them, but it never arrived. Would I be entitled to keep them?

Although the goods are unsolicited, they are also stolen goods so I very much doubt you are entitled to them.

unholyangel

usignuolo wrote: »

Interesting. I was delivered a mobile phone and headphones I had not ordered. But they were correctly delivered to me at my address because they had been ordered by scammers on line masquerading as me.

The scammers phoned me shortly after delivery to say there was a mistake in the delivery and could they send someone round to pick them up. I said I had already sent them back (not actually true but I did not want to hand them over to the scammers.) I contacted the mobile phone company who said they would send me an SAE to return them, but it never arrived. Would I be entitled to keep them?

No, as I think I said above, goods are not unsolicited where there has been a request either by the recipient or someone on his behalf (that is the interpretation used in the unsolicited goods act itself).

Someone has made a request on your behalf - just without your authorisation.