Unsolicited goods, does this qualify?

moos_mum

I requested a free SIM card from a well known phone company, didn't need a working SIM just the plastic frames as my last few phones all take different size SIMs. Received this, no charge, thought no more of it. A few days later on returning home I found a parcel shoved through the letterbox containing a refurbished iPhone 7. It was addressed to me, to the correct address (not sure if it should have been signed for but the driver obviously didn't get one). This was 3 weeks ago, not heard a peep about it and on checking my account there is no mention of a handset order, only for the SIM card. Since I did not ask for this (my live chat with the company proves this), had no such discussion about a new phone and my order for the SIM card had already been fulfilled and completed some time before - would this count as unsolicited goods? On an additional point, if I pop in another networks SIM card, will they be able to connect it back to me by tying up the SIM & the activated phone? Glad of any/all suggestions, thanks.

bigisi

No no no no no no no, countless posts on here asking the same and the answer is nearly always "not Unsolicited".

You're not getting a phone for free, let them know and give them chance to come and pick it up. They've got six years to chase you for it (five in Scotland) by which time that shiny phone is going to be all but obsolete.

LilElvis

So you've had it three weeks, looked at your online account with the retailer but haven't contacted them? Instead you've decided to ask on here if you can legally keep something that isn't yours. You seem to have received an expensive phone but lost your moral compass.

unholyangel

Unsolicited goods are goods that are intentionally sent to you without any request being made by you or someone on your behalf with the purpose of billing you later for it.

It doesn't extend to goods sent in error. You are an involuntary bailee and as such have a duty of care.

Gavin83

It's been 3 weeks and you've clearly logged into your account a few times. Why haven't you yet contacted them about the phone?

its_all_over

You should be really careful as the company could come after you a long time after you get the goods and demand payment for the item.

You should write to the company and tell them about their error and give them notice to collect the goods. You should make sure you also safeguard the goods until the company arrange for them to be returned.

Here's a good webpage that explains about goods received in error for you to read https://www.saga.co.uk/magazine/money/spending/consumer-rights/can-i-keep-goods-delivered-to-me-by-mistake

moos_mum

moos_mum wrote: »

I requested a free SIM card from a well known phone company, didn't need a working SIM just the plastic frames as my last few phones all take different size SIMs. Received this, no charge, thought no more of it. A few days later on returning home I found a parcel shoved through the letterbox containing a refurbished iPhone 7. It was addressed to me, to the correct address (not sure if it should have been signed for but the driver obviously didn't get one). This was 3 weeks ago, not heard a peep about it and on checking my account there is no mention of a handset order, only for the SIM card. Since I did not ask for this (my live chat with the company proves this), had no such discussion about a new phone and my order for the SIM card had already been fulfilled and completed some time before - would this count as unsolicited goods? On an additional point, if I pop in another networks SIM card, will they be able to connect it back to me by tying up the SIM & the activated phone? Glad of any/all suggestions, thanks.

Wow, didn't expect such an aggressive response. It was a simple request for guidance as I couldn't find this particular scenario in the many, many threads I had bothered to read BEFORE posting. I feel within my rights to not do anything about it for 3 weeks since as it's not my error I will deal with it when I have time. At no point did I say I was planning to keep it, just wanted to know the facts and the question regarding the SIM card was something that caused a lot of discussion at home, I thought someone in this community might know the answer. Sorry I asked now.

George_Michael

moos_mum wrote: »

At no point did I say I was planning to keep it,

But if you had no intention of keeping it, why did enquire about what might happen if you used the phone?, more specifically, why were you worried about the company who sent it being able to connect the phone to you?
Being worried that the rightful owners could trace the phone to you can IMO, only be interpreted in one way.

moos_mum wrote: »

On an additional point, if I pop in another networks SIM card, will they be able to connect it back to me by tying up the SIM & the activated phone? Glad of any/all suggestions, thanks.

agrinnall

Nothing that you said in your first post suggests that you had any intention of returning the phone, so you can hardly be surprised at replies making that assumption. If your intention was always to return it, you didn't need to post at all, you could simply have contacted the sender and asked them how to send it back at their cost.

Aylesbury_Duck

moos_mum wrote: »

At no point did I say I was planning to keep it

Then why ask this?

moos_mum wrote: »

if I pop in another networks SIM card, will they be able to connect it back to me by tying up the SIM & the activated phone?

If you weren't planning to keep it, what were you planning to do with it after opening it, putting your own SIM in it and activating it? And why would you be concerned about whether it could be "connected back to me"? That's very odd behaviour for someone who supposedly hasn't got time to deal with it and wanted "guidance".

marliepanda

moos_mum wrote: »

Wow, didn't expect such an aggressive response. It was a simple request for guidance as I couldn't find this particular scenario in the many, many threads I had bothered to read BEFORE posting. I feel within my rights to not do anything about it for 3 weeks since as it's not my error I will deal with it when I have time. At no point did I say I was planning to keep it, just wanted to know the facts and the question regarding the SIM card was something that caused a lot of discussion at home, I thought someone in this community might know the answer. Sorry I asked now.

You do know people can read? You clearly wanted to keep it.