Disputed over whether goods were ordered or not

comeandgo

Fosterdog wrote: »

Only ever trying to get an initial sale or to get me to sign up to something, how often do you get sales calls from companies you already buy from with them trying to get you to buy more?

I know those sorts of sales call are huge in America and they are done on a B2B basis commonly in the U.K. but it's not something that is common with consumers here.

If it's the wine company I think it is then they do regularly phone customers to try and get them to buy an extra box of wine. We had to tell them to stop contacting us by phone as they were getting to be a nuisance.

Fosterdog

comeandgo wrote: »

If it's the wine company I think it is then they do regularly phone customers to try and get them to buy an extra box of wine. We had to tell them to stop contacting us by phone as they were getting to be a nuisance.

In which case they will have phone records like I said that will prove that not only a call was made but that it lasted long enough for a sale to be agreed rather than just long enough for a no thank you.

unholyangel

gettingtheresometime wrote: »

I always thought that if you received unsolicited goods then you had a responsibility to keep the goods in good condition and that the company had 6 months to collect the goods at their expense

That is for uncollected/abandoned goods as a involuntary bailee, not unsolicited goods and the 6 month part only applies if they owe you any remuneration.


As for OP's query, they're not unsolicited. Unsolicited goods are goods that are sent with no prior request. It was intended to stop companies sending goods that no one had asked for with the intention of demanding money for them later, not to punish innocent parties for a genuine mistake. Goods sent in error remain the property of the sender. So let them collect their property.

webbo57

He'd already authorised me to speak with them.

webbo57

z1a wrote: »

Surprised they'll even discuss it with you as you aren't the customer.

My father advised them I'd be dealing with it.

waamo

webbo57 wrote: »

My father advised them I'd be dealing with it.

That's good. You can arrange for them to collect it then and save him the bother.

webbo57

comeandgo wrote: »

If it's the wine company I think it is then they do regularly phone customers to try and get them to buy an extra box of wine. We had to tell them to stop contacting us by phone as they were getting to be a nuisance.

I believe it could be the same company. They never stop calling him...

Paul_DNAP

gettingtheresometime wrote: »

I always thought that if you received unsolicited goods then you had a responsibility to keep the goods in good condition and that the company had 6 months to collect the goods at their expense

Yes, you do.

There is a difference between the sort of "unsolicited goods" that can be dealt with in the way the OP is trying to. That is where unscrupulous companies were sending out cheap tat to random addresses, and then hoping they would not be sent back as "sorry we don't want this" and then following up with an invoice for the goods and legal action when payment was not forthcoming. Those sorts of unsolicited goods can not be invoiced, and you do not need to return them.

But that's not the sort of goods the OP's father has received.

These are better described as goods received in good faith, but my mistake, through a genuine error, and as such the correct response would be, as you note, look after the goods and seek to redress the error and return the goods to the vendor as soon as possible, in a polite understanding manner.

a.turner

Fosterdog wrote: »

In which case they will have phone records like I said that will prove that not only a call was made but that it lasted long enough for a sale to be agreed rather than just long enough for a no thank you.

Yes please and no thanks would be about the same time to say.

I think really you're missing the point, the lack of an itemised call on his bill doesn't prove anything.

Aylesbury_Duck

webbo57 wrote: »

I have further advised them that they have supplied "unsolicited goods" and that The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state that he has the right to keep goods delivered to him that he didn’t order. Additionally, I have informed them that he neither has any obligation to send the wine back, nor to pay for it, and that their demands for payment for unsolicited goods is a criminal offence.

Thanks in anticipation of some legal viewpoint.

Webbo

Well, your advice is wrong.

Stop trying to be clever when you don’t understand the regulations you’re using as an argument. Either pay for the goods or return them. They’re not yours to keep unless the company says so.