Item sent free now company want it back

neilmcl

DoaM wrote: »

I guess it depends if a completed contract can be viewed as a mistake. After all it must have been reviewed by a person prior to the goods being delivered - the seller will have had several "touch points" with the order prior to the consumer receiving the goods.

I very much doubt it, most of the order and fulfilment process is automated these days.

neilmcl

powerful_Rogue wrote: »

I think this is going to be a case of some agreeing and some disagreeing.

Only way we will find out is if lenova issue SCC proceedings and get a result.

What's the betting the OP sends it back long before that.

unholyangel

Some mistakes render a contract voidable, but a unilateral mistake relating to the terms of the contract (as this does) will render a contract void - meaning there was never any valid contract.

Someone reviewing it makes no difference. Acceptance will have occurred because you cannot void a contract that doesn't exist in the first place. Its basically an exception to the general rule that a contract is legally binding once agreed.

It most definitely can be applied to a contract that has been concluded - and this is why the distinction of void versus voidable is important because if they have sold the goods to a third party (and in order for them to do so, the contract with the mistake must have been performed) then a mistake rendering a contract void means title doesn't pass to the buyer and so cannot be passed to the third party. Where as title can pass if its just voidable.

As it stands, OP is pretty much an involuntary bailee - in possession of goods belonging to another. As such they have a duty to take reasonable care of them and make them available for collection. Or they can enter a new contract to purchase them.

DoaM

I think my head just exploded. :eek:

pinkshoes

The OP took advantage of what was cleraly an error.

Yes, the laptop arrived, but again, this was a system error.

Lenovo cannot charge the OP for the full amount.

But... they can ask for it to be sent back at Lenovo's cost and the OP's convenience, or they could take the OP to court if they refuse to return it.

What would the court say? I think they would find that the OP was fully aware they were taking advantage of a mistake and make them return or pay in full.

Will Lenovo bother taking it to court? That would depend how many mistakes they made! So probably, yes!

onomatopoeia99

DoaM wrote: »

I think my head just exploded. :eek:

I found unholyangel's explanation entirely clear.:beer:

Wanderingpomm

powerful_Rogue wrote: »

Lenovo will just charge the full amount to your card should you fail to return the item.

That would be illegal and you could contest with your credit card company.

POPPYOSCAR

It is not simply a case of returning it though is it.

The Op has had it for a month and presumably been using it.

His data is on there and would need to be transferred etc.

How would Lenovo go about providing this for the OP.?

Also the laptop is used goods, how much will it be worth to them now.?

I would put this to them and see what they say.

Personally, ignoring the legalities, I would make them a heavily reduced offer citing all of the above.

powerful_Rogue

Wanderingpomm wrote: »

That would be illegal and you could contest with your credit card company.

Illegal? What law?

George_Michael

powerful_Rogue wrote: »

Illegal? What law?

Possibly this one:
http://www.legislation.gov.uk/ukpga/2006/35/pdfs/ukpga_20060035_en.pdf

2 Fraud by false representation

If Lenovo were to debit the OP's card, they would have to do saying that the OP had agreed to pay the amount being debited, something it is clearly false.
If it wasn't illegal, what would stop any retailer from charging amounts in excess of those agreed by the customer at the time of purchase?