Sent xbox one by mistake

timbstoke

For the answer to the question you're really trying to ask: If you keep quiet and don't say anything, and the company never notice, then chances are nothing will ever come of it, although the goods will never become "yours"

If the company do notice and ask for it back, you're also unlikely to have any real problems as long as you make it available for them to collect, and it is unopened and unused.

If you've opened and used it, or you refuse to return it when asked, then the company would be within their rights to pursue you for the full cost of it. They could feasibly report it to the police as theft, but chances are they'd just want it paying for. Once you've paid for it, THEN it becomes yours.

JReacher1

With things like this if the parcel says the original item and all paperwork says the original item the chance of them discovering they sent you an Xbox one by mistake is minimal. They'll know they lost one but they will have no idea who got it by mistake.

It all goes down to whether you feel comfortable ripping them off!

FiremanDave

JReacher1 wrote: »

With things like this if the parcel says the original item and all paperwork says the original item the chance of them discovering they sent you an Xbox one by mistake is minimal. They'll know they lost one but they will have no idea who got it by mistake.

It all goes down to whether you feel comfortable ripping them off!

I think we all know the answer to that.

DevCoder

Theft Act 1986

Basic definition of theft.

(1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.

(2)It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.

Now the only slight argument is the dishonestly appropriates part.

FiremanDave

krisdorey wrote: »

Theft Act 1986

Basic definition of theft.

(1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.

(2)It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.

Now the only slight argument is the dishonestly appropriates part.

Have they rewritten it?

Thought it was 68

I'd say he's there when he decides to keep it.

unholyangel

JReacher1 wrote: »

With things like this if the parcel says the original item and all paperwork says the original item the chance of them discovering they sent you an Xbox one by mistake is minimal. They'll know they lost one but they will have no idea who got it by mistake.

It all goes down to whether you feel comfortable ripping them off!

Depends on their process and stock control measures. Some companies are more lax than others. Certainly companies with shareholders will likely be more stringent as it helps improve their share prices/attractiveness.

Some companies pass all parcels over scales. Some scan items at every stage and it doesnt necessarily flag up that its the wrong item, its only taking a note of what item has been picked for availability.

And of course then theres also the possibility if the paperwork is correct and only the item is wrong, that they've gotten confused between 2 orders and the intended recipient of the xbox one will be calling up asking why they've only got a £50 item. I wonder how many orders for that particular item would've been picked on the same day - never mind at the same time or by the same picker as the xbox one order.

I'm not saying one way or another what would happen here. Just I prefer to err on the side of caution when giving advice that could be detrimental to the OP. Especially since (as I said previously) OP remains liable for 6 years. Would OP be happy if 4 years down the line they notice and contact him for payment on a machine that may have broken after 6 months use that couldnt be repaired on warranty or SoGA since he has no proof of purchase?

Of course if he was thinking about buying one anyway - he could perhaps use this to his advantage to negotiate a discount since returning it will incur further costs.

JReacher1

unholyangel wrote: »

Depends on their process and stock control measures. Some companies are more lax than others. Certainly companies with shareholders will likely be more stringent as it helps improve their share prices/attractiveness.

Some companies pass all parcels over scales. Some scan items at every stage and it doesnt necessarily flag up that its the wrong item, its only taking a note of what item has been picked for availability.

And of course then theres also the possibility if the paperwork is correct and only the item is wrong, that they've gotten confused between 2 orders and the intended recipient of the xbox one will be calling up asking why they've only got a £50 item. I wonder how many orders for that particular item would've been picked on the same day - never mind at the same time or by the same picker as the xbox one order.

I'm not saying one way or another what would happen here. Just I prefer to err on the side of caution when giving advice that could be detrimental to the OP. Especially since (as I said previously) OP remains liable for 6 years. Would OP be happy if 4 years down the line they notice and contact him for payment on a machine that may have broken after 6 months use that couldnt be repaired on warranty or SoGA since he has no proof of purchase?

Of course if he was thinking about buying one anyway - he could perhaps use this to his advantage to negotiate a discount since returning it will incur further costs.

If the company had these sort of measures in place then the parcel would have been checked before it was sent out.

It is not realistic to say the company will contact him in 4 years to say that 4 years ago they think they sent him an Xbox one based on historic parcel weight data they have discovered. Now they want him to pay for it.

If the paperwork says the original item and nobody contacts him in the next month he's going to get to keep the Xbox.

robatwork

Perhaps if all the answers you got aren't what you wanted to hear you should create a new username, then post a reply with that name telling your original username that it's completely legal to keep it.

And that the full force of the European Court of Human Rights couldn't make you give it back.

mttylad

Stick it to one side and leave it be - do not use it.

If they get in touch or charge you then you know that they know.
If after about 3 months you have heard nothing - buy some games

unholyangel

JReacher1 wrote: »

If the company had these sort of measures in place then the parcel would have been checked before it was sent out.

It is not realistic to say the company will contact him in 4 years[ to say that 4 years ago they think they sent him an Xbox one based on historic parcel weight data they have discovered. Now they want him to pay for it.

If the paperwork says the original item and nobody contacts him in the next month he's going to get to keep the Xbox.

I can assure you, it happens.

As for it not being realistic, try hanging around on this forum for a few years and you'll see your fair share of companies only starting to chase people/take payment from expired cards etc years afterwards.

The limitations act sets the period OP is liable, it does not vary case to case - and that period is 6 years. The only way to discharge your duty early is by making reasonable attempts to contact the owner.