Unsolicited goods or not?

wave_wave

Was hoping someone can offer some accurate legal advice.

I received a mobile phone that i didn’t order, from a company I have not had any dealings with, addressed to me.

I phoned the company and it turned out to be a case of identity theft but the fraudsters had somehow managed to send the goods to my address? I sent the company an action fraud ref and they have since cleared my name and address of any wrong doings but it has been a bit of a headache and i have to question their security (but that is another matter).

It has now been a few months and they have not been in touch to take arrange collection.
Originally when i contacted them, they told me a member of fraud would be in touch to advise what i have to do but they never bothered to write or contact me.
Presumably they do know i have it as it was all down written on my action fraud report and i also signed for it at my address.

I’m happy to get in touch again to arrange a period of time to arrange collection at their expense but I would like to know beforehand the law as i’m now questioning if it actually falls under the unsolicited goods act?

The consumer Contracts Regs 2013 amendment states the recipient can use or dispose of the goods as an unconditional gift making it an illegal offence for the company to chase the goods.
(to re-terate….I received a mobile phone that i didn’t order, from a company I have not had any dealings with, addressed to me.)

CAB have told me i do not have to send it back but I have since read conflicting advice so it seems to be a grey area and would like to know my rights.

regards

bris

No in no way is it unsolicited goods.


Unsolicited goods is an old outdated practise which this law has all but put a stop too.


It's when a company deliberately send you goods which they then tell you if you don't send it back within a given time frame they will charge you for it.


Fraud doesn't even come close. You are now an "involuntary bailee", the goods will never belong to you but google it to see what you have to do.

wave_wave

Thanks Bris, will see what i can find out.

As i mentioned, more than happy to ask the trader to collect. Just a lot of conflicting advice out there and tbh i'm the innocent party in all of this so just want shove of the items if that's the law.

IAmWales

wave_wave wrote: »

Thanks Bris, will see what i can find out.

As i mentioned, more than happy to ask the trader to collect. Just a lot of conflicting advice out there and tbh i'm the innocent party in all of this so just want shove of the items if that's the law.

Then call them up and ask them to collect, or if it's more convenient ask them to email you a prepaid sticker for RM/ Collect+ etc (often easier than waiting in for a courier that can't give an exact time).

wave_wave

Good shout, will do it in writing to keep a record.