iPhone 7 delivered even though it was cancelled

iPhoneSentInError

Hi all

After some advice really. I've today just been sent an iPhone 7 Plus from Three Mobile UK. Here's the background on the situation:

1. I placed an order on the pre-order date of September 12th
2. I cancelled the pre-order on the very same day and was refunded the £149 upfront cost for the phone
3. I ordered directly through Apple as I could collect the phone quicker & I also got the next model up, 256gb

Now a week or so went past and I received a text from Three saying that my iPhone won't be delivered due to demands etc. I tweeted Three and I was told to ignore it... I got another text, and another and another and then on Friday I received a text saying that my iPhone will be delivered Monday 26th (today!)

Now, I have this iPhone that I did not order & I told them that I was still receiving texts that it was going to be sent.

Under the unsolicited goods act, I am now entitled to that phone?

Thanks!

Tony5101

They'll have a record of the delivery and no doubt you'll have had to sign for it.
It's a mistake rather than unsolicited goods.

victor2

I'm no legal expert, but I don't think you're entitled to keep it.

From https://www.saga.co.uk/magazine/money/spending/consumer-rights/can-i-keep-goods-delivered-to-me-by-mistake:

What if it the delivery was sent by mistake?

It’s a different story altogether if items are sent to you by mistake. That is, if the order wasn't meant for you, if it was sent to you twice, or if there's extra stuff on top of what you ordered.

In all these scenarios, they are not classed as unsolicited goods, they still belong to the trader and you should try to give them back.

Firms can take you to court to recover their goods, if you were to resist.

Oakdene

Just return the phone...

Stevie_Palimo

iPhoneSentInError wrote: »

Hi all

After some advice really. I've today just been sent an iPhone 7 Plus from Three Mobile UK. Here's the background on the situation:

1. I placed an order on the pre-order date of September 12th
2. I cancelled the pre-order on the very same day and was refunded the £149 upfront cost for the phone
3. I ordered directly through Apple as I could collect the phone quicker & I also got the next model up, 256gb

Now a week or so went past and I received a text from Three saying that my iPhone won't be delivered due to demands etc. I tweeted Three and I was told to ignore it... I got another text, and another and another and then on Friday I received a text saying that my iPhone will be delivered Monday 26th (today!)

Now, I have this iPhone that I did not order & I told them that I was still receiving texts that it was going to be sent.

Under the unsolicited goods act, I am now entitled to that phone?

Thanks!

Under the circumstances here this is not unsolicited goods being sent to you and is merely a mistake on the phone providers behalf by not having the original order cancelled properly, If you are seeking keep the item and have it for free then do this at your own risk of being billed down the line, It is simply not your item to keep and use and therefore you need to speak to the network with a view to return this phone.

Jon_01

Clearly not unsolicited goods and those regs will not apply.

All the networks audit what gets sent out, so there is a very good chance that they'll realize what's happened and want to know why you didn't alert them to the error. . .

d123

iPhoneSentInError wrote: »

Under the unsolicited goods act, I am now entitled to that phone?

Thanks!

No

And if you don't want a rather large bill at some time in the future you should get it sent back to them asap.

in_the_Cotswolds

And if they send out a returns label I would pay extra and send it Special Delivery. It is tracked all the way and can't say they haven't received it. Could save you a whole lot of grief.