Advice regards a package that a company wont collect please!

shaun_from_Africa

nanouk77 wrote: »

Thanks for the advice Mark!

His "advice" is totally incorrect.

https://www.citizensadvice.org.uk/consumer/common-problems-with-products/problems-with-delivery/unsolicited-goods/you-ve-received-goods-or-services-you-didn-t-ask-for/

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.

Marktheshark

I do not think you have understood what you have read, goods sent in error are covered by the unsolicited goods act.
Those not sent in error are classed as unconditional gifts.

With unsolicited goods, they have to contact and allow collection at a time reasonable to them or save the goods for six months.
If they do not collect in six months, they are out of luck, as I posted the process earlier.
Good courtesy is to offer them 3 convenient times and dates that do not cause loss to the receiver of the goods.
Good sent in error are unsolicited and subject to the act and its conditions .
If they are not sent in error they are unconditional gifts .

Other than explain this, I am not arguing any further.

bod1467

Marktheshark wrote: »

The law on unsolicited goods (1971) is quite clear.
You have to offer them reasonable access to collect the goods.
Reasonable to you and not having anybody that can collect outside working hours is not your problem.

Inform them you will defend any legal proceedings under Unsolicited Goods and Services Act 1971 + Consumer contracts regulations 2013 and apply for costs from the court of £90 + extraneous payments of £18 per hour for the comapny acting unreasonably by failing to collect the goods when made available by the client at the 3 x 1 hour slots made available.
Supply 3 dates and times convenient to of 1 hour slots for them to collect, at which point if they refuse you will store the goods for six months as per the act before they become your property.
If they dont have anyone who can collect when you are at home that is their problem not yours.
They sent the goods in error, the law is on your side, you do not have to have a day off work for them to collect, they have to do it at your convenience as in after work or a weekend.

nanouk77 wrote: »

Thanks for the advice Mark!

Please ignore the advice - it is incorrect. The goods were sent as part of a contractual relationship between you and the supplier, ergo they were not unsolicited. The fact they were the wrong goods simply means an error has been made.

neilmcl

A simple search on google gives the correct definition:

unsolicited goods are goods delivered to an individual with a view to the individual acquiring them, but where the individual has no reasonable cause to believe that they were delivered for legitimate business and had not previously agreed to acquire them.

The goods in question here, albeit sent in error, have been sent as part of the legitimate business of the existing order.

Sorry but you can argue as much as you like Mark but you are wrong!

shaun_from_Africa

Marktheshark wrote: »

.

With unsolicited goods, they have to contact and allow collection at a time reasonable to them or save the goods for six months.
If they do not collect in six months, they are out of luck, as I posted the process earlier.

Other than explain this, I am not arguing any further.

Absolute rubbish, and I don't blame you for not wanting to argue any further as you don't appear to have the slightest clue about unsolicited goods.
http://www.walthamforest.gov.uk/pages/services/trading-standards-advice-to-businesses.aspx

Unsolicited Goods and Services Act

Under the Unsolicited Goods and Services Act 1971,(as amended) it is an offence to demand payment for goods known to be unsolicited, in other words, they were sent to a person without any prior request made by them or on their behalf. Someone who receives goods in these circumstances may retain them as an unconditional gift, and does not have to pay for or return an unwanted goods

unholyangel

The purpose of the unsolicited goods and services act was to stop companies sending out goods purposely to people who never asked for them with the intention of demanding payment for them.

It was not designed to penalise companies for making a mistake in carrying out contractual duties.

OP is an involuntary bailee - and as such, the company have 6 years to chase them for the recovery of their goods or their value. The OP can discharge themselves from their duty of care - by sending two written notices to the company involved making it clear that they will dispose of the goods if they are not collected by a reasonable date. If they still aren't collected then, OP can dispose of them or sell them. But any money from the sale (after necessary costs involved with the selling) belongs to the company and if it is sold, it needs to be for a decent market price and cannot be sold for "mates rates".

After 6 years has passed, technically the money/goods still belong to the company, but the OP has a defence of any legal proceedings they bring of "statute barred".

pinkshoes

I would get a quote from a courier that can collect either on a saturday or after 5pm, then give the company 14 days to pay for the courier so you can return the goods to them, or 14 days to send a courier on either a saturday or after 5pm.

Tell them that after this time period, you will be selling the goods, then will send them a cheque for the amount raised.

shaun_from_Africa

pinkshoes wrote: »

Tell them that after this time period, you will be selling the goods, then will send them a cheque for the amount raised.

But only after following the correct procedure for disposing of uncollected goods which has been summarised by unholyangel in their earlier post.

If you do end up doing this, you are entitled to deduct any costs that you have incurred in the selling process.