Unsolicited goods??

beansbeansbeans

Hi can anyone help please
I received a competition win yesterday that I didn't win, but it was in my name and to my address
I had won a competition from the company a few weeks before via twitter and received that prize a few weeks ago.
Can anyone tell me what my rights are, can I keep the prize? Is it unsolicited goods?
I have not contacted the company as of yet

naedanger

beansbeansbeans wrote: »

Hi can anyone help please
I received a competition win yesterday that I didn't win, but it was in my name and to my address
I had won a competition from the company a few weeks before via twitter and received that prize a few weeks ago.
Can anyone tell me what my rights are, can I keep the prize? Is it unsolicited goods?
I have not contacted the company as of yet

Is the company expecting you to buy the prize? If not then I doubt it counts as an unsolicited good but is rather just a genuine mistake.

If it is just a mistake I suggest you contact the company and ask them how they want it returned. Obviously I would expect them to be reasonable regarding its return - you should not be put to too much inconvenience and should not be out of pocket as a result of their mistake.

beansbeansbeans

I haven't spoken to the company yet who have sent me this prize by mistake, they had already sent me the prize I won a few weeks ago, however this prize was meant for someone else after a quick google I found the competition, which I hadn't entered.


There is no note in the parcel, only outside packaging to say where it has come from which is why I know it's the same company I won from. But it did have my name and my address on, and nothing to do with the correct winner, whoever that may be.


So what I would like to know if anybody can help is am I in my rights to keep what I've received, or should I contact them and let them know I've got it and arrange for them to sort out it being returned etc? Or should I wait until they realise they've made a mistake and contact me, because unless they have sent another parcel to the correct winner then that winner is obviously going to chase up their prize (which I have)


two minds.

marliepanda

beansbeansbeans wrote: »

So what I would like to know if anybody can help is am I in my rights to keep what I've received, or should I contact them and let them know I've got it and arrange for them to sort out it being returned etc? Or should I wait until they realise they've made a mistake and contact me, because unless they have sent another parcel to the correct winner then that winner is obviously going to chase up their prize (which I have)


two minds.

Two minds, one honest, one dishonest and tacky.

Yes you do have to tell them. They can chase you for the item for up to 6 years (or the cost of it) They will realise their mistake.

It is not unsolicited goods. It is a mistake.

McKneff

No, you are not entitled to it.
You haven't won it
You haven't bought it.


It does not belong to you.


The obvious honest thing to do is contact the company who sent you it.

unholyangel

beansbeansbeans wrote: »

I haven't spoken to the company yet who have sent me this prize by mistake, they had already sent me the prize I won a few weeks ago, however this prize was meant for someone else after a quick google I found the competition, which I hadn't entered.


There is no note in the parcel, only outside packaging to say where it has come from which is why I know it's the same company I won from. But it did have my name and my address on, and nothing to do with the correct winner, whoever that may be.


So what I would like to know if anybody can help is am I in my rights to keep what I've received, or should I contact them and let them know I've got it and arrange for them to sort out it being returned etc? Or should I wait until they realise they've made a mistake and contact me, because unless they have sent another parcel to the correct winner then that winner is obviously going to chase up their prize (which I have)


two minds.

You have no rights to the item. Goods sent in error remain the property of the sender. They have 6 years to chase you for either the return of the goods or for the value of the goods (plus interest). At the end of the 6 years, the goods still dont belong to you, just you have a defence of "statute barred" should the retailer take you to court for it.

Finders keepers, losers weepers is not a principle supported in law.

beansbeansbeans

Thank you for your replies. That is what I thought initially. However a total pain in the backside that I had to go and pick it up from my nearest post office which is 20 miles away due to not being in when it was delivered. I'll get on to the company.

marliepanda

beansbeansbeans wrote: »

Thank you for your replies. That is what I thought initially. However a total pain in the backside that I had to go and pick it up from my nearest post office which is 20 miles away due to not being in when it was delivered. I'll get on to the company.

Chose to.

You could have had it redelivered for free on a day you were home.

shaun_from_Africa

beansbeansbeans wrote: »

However a total pain in the backside that I had to go and pick it up from my nearest post office which is 20 miles away

When you contact them to arrange to get the item collected, there wouldn't be any harm in mentioning that to them and asking if they would be willing to cover your costs.
The worst that can happen is that they refuse.

peanutbutterjellytimex

marliepanda wrote: »

Chose to.

You could have had it redelivered for free on a day you were home.

Some people work 9-5, so finding a convient time isn't always easy.

marliepanda

peanutbutterjellytimex wrote: »

Some people work 9-5, so finding a convient time isn't always easy.

Well that would be the case for all deliveries.

You can also get it delivered to your local post office for a small fee. That I could see being claimed back.

No one has to make a 20 mile trip.