Company sent goods twice even though I told them they had made a mistake?

[Deleted User]

Hi all,

I got an email three weeks ago confirming an order for a bike that I bought in January. When I saw this email, I called the company to tell them they had made a mistake, I already had the item, and that to my knowledge, I had only paid for one . However, the person I spoke to said that my account showed that payment had been processed and the order still had to be shipped.

I requested they look into it, but I didn't hear anything back. Upon checking my bank details, I don't seem to have been charged for a second item. Regardless of me telling them they had made a mistake, the parcel appeared at my door today.

I am now concerned that I did not put my query in writing, and I would like to hear your thoughts on the best course of action? Should I write to them and request they pick the item up? I don't want to have people chasing me for money 6 years from now because one of their staff have made a mistake and didn't look into it properly when I asked.

Chris.

McKneff

Ring them and tell them you want it picked up. If they say just keep it, get this in writing

Pollycat

McKneff wrote: »

Ring them and tell them you want it picked up. If they say just keep it, get this in writing

This ^^^ but email rather than ring.
That way, you have the proof that you've told them about the duplicate shipment.

pinkshoes

Surely it would have been easier to reject the delivery!?

Put it in writing and ask them to collect it at your convenience.

[Deleted User]

Hi everyone. Thanks for the advice. Bit of an update...

Emailed to say I had received this in error and they said they'd arrange pick up. Its now nearly a month later and they haven't been back in touch.

My storage unit is up this month, and since I have moved everything else out, I'm unable to keep it on for the sake of this one item. The only other place I will be able to store it is under a tarp in a shed. Obviously this isn't very secure and I don't want to be liable for any damage.

Should I set them a firm date to collect the item? I'm pretty sure if it was stolen from the shed I'd be held responsible for the cost of it.

[Deleted User]

Pink Shoes, it wasn't me that signed for it, otherwise I would have. I was moving house at the time, so big packages were coming left, right and centre.

its_all_over

You have to take reasonable care of the goods.

If a reasonable time has elsapsed you can sell the goods (get legal advice/advice from CAB of the procedure you need to follow) and you need to either remit the proceeds to the owner of the goods or keep the proceeds for 6 years in case the owner asks for them at a later date.

Items that firms send to you, but you didn't actually order are called "unsolicited goods". You're well within your rights to keep them.
You have no obligation to send them back to the company or to pay for them. If a company demands payment, that's a criminal offence.

But this doesn't apply to items sent to you by mistake (as happened to Robert); if the order was sent to you twice; or if there's extra stuff on top of what you ordered.

If a firm has left goods with you that weren't 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.

That happened last Christmas when online retailer Zavvi sent customers games consoles worth £170, instead of games that cost £20.

So if they were sent by mistake what do I do?

If items are sent to you by mistake, you will need to contact whoever sent them and ask them to collect the goods.

That shouldn't cost you anything or inconvenience you in any way. You should also give the company a reasonable deadline to collect the items.

Can I sell items delivered incorrectly to me?

Yes, but it's quite a process.

You must try to contact the company twice in writing, following a set procedure.

Even after you've sold the items, it'll be at least six years before you can spend the dosh. During that time the original owner can still claim the money back from you.

http://www.bbc.co.uk/newsbeat/article/30294748/can-you-keep-stuff-delivered-by-mistake

unholyangel

its_all_over wrote: »

You have to take reasonable care of the goods.

If a reasonable time has elsapsed you can sell the goods (get legal advice/advice from CAB of the procedure you need to follow) and you need to either remit the proceeds to the owner of the goods or keep the proceeds for 6 years in case the owner asks for them at a later date.


http://www.bbc.co.uk/newsbeat/article/30294748/can-you-keep-stuff-delivered-by-mistake

The bit in bold isn't correct. You can't sell the goods without first sending 2 written notices to the owner telling them if they don't make arrangements to collect by x date, you will be selling it.

The time you should give them to collect should be a reasonable time (perhaps thats where the confusion has came in) but you can't just sell them after a reasonable time if you haven't sent the notices.

OP have a search for involuntary bailee.

its_all_over

unholyangel wrote: »

The bit in bold isn't correct. You can't sell the goods without first sending 2 written notices to the owner telling them if they don't make arrangements to collect by x date, you will be selling it.

The time you should give them to collect should be a reasonable time (perhaps thats where the confusion has came in) but you can't just sell them after a reasonable time if you haven't sent the notices.

OP have a search for involuntary bailee.

If you didn't selectively quote half my sentence there would be no confusion to anyone.

If a reasonable time has elsapsed you can sell the goods (get legal advice/advice from CAB of the procedure you need to follow)

The procedure would include the notifications. I'm not a lawyer and don't think it's correct to give specific legal advice on the procedure to follow that the original poster might have to justify later in court.

Zandoni

Phone them and explain the situation, probably best to talk to a manager. If they are generous in some way ask for that to be confirmed in writing.