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Item sent free now company want it back

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Comments

  • Undervalued
    Undervalued Posts: 9,778 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 5 December 2018 at 2:35PM
    I disagree. The contract is now void. So the OP needs to return the laptop or pay for it. Lenovo have given him the choice, however should he fail to respond or do either I believe they would be in their rights to charge the original payment method.

    No. They could ask him to pay and if he refuses they could sue him for the money. They may (or may not) win, that is another matter.

    However they have no right to make an unauthorised charge to his credit card. The only charge that has been authorised is the bottom line amount that was showing when the OP made the original card payment.
  • I'd like to see these things as 'what goes around, comes around'. Morally OP knows what he's doing is wrong. Sure he'll be moaning when the boot is on the other foot.
  • Castle
    Castle Posts: 4,956 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    DoaM wrote: »
    £0 can still be a consideration, so that part of contract law has been fulfilled. (IMHO)
    Indeed as confirmed in the Parking Eye v Beavis case at the Supreme Court...Free parking for 2 hours with a promise by Mr Beavis, (the consideration,) to leave within 2 hours.
  • Things have probably moved on since I studied contract law in another lifetime... but I thought the consideration had to have some value. Agreeing to free up a parking space must have some value... to have given rise to the quoted judgement, but where is the value in this arrangement. No axe to grind in this case. Just curious.
  • POPPYOSCAR
    POPPYOSCAR Posts: 14,902 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DoaM wrote: »
    Except this wan't theft in any way, shape or form - it was someone chancing their arm on an offer from a seller for a laptop for £0 consideration plus £4 delivery charge. The seller was complicit in this transaction and equally "guilty".

    I agree.

    The seller should accept some responsibility for their error.
This discussion has been closed.
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