Disputed over whether goods were ordered or not

mattyprice4004

The ‘legal viewpoint’ is that you’re trying to scam them out of the wine, and have zero understanding of what unsolicited goods actually means.

KatrinaWaves

If he doesn’t want the wine, ask for it to be collected or send it back at their expense as they cannot prove he did order it, this may cause his account to be cancelled at the wine company as they can choose who they do business with if they feel that they are in the right but don’t have a record.

There is no way you can claim these as unsolicited. As others have stated you have no clue what you are talking about and are making yourself look a fool to them.

Though I do look forward to your response later today saying they agreed they are unsolicited, are letting your father keep the wine and have sent him an additional wine hamper plus a full refund.

Jumblebumble

mattyprice4004 wrote: »

The ‘legal viewpoint’ is that you’re trying to scam them out of the wine, and have zero understanding of what unsolicited goods actually means.

I would assert that any company that sends out goods and then claims not to record calls to back up their assertions deserves everything they get and are in all probability the scammers
The good news is that any small claims court will hopefully agree
The OP should make arrangements for them to collect but does not need to put himself out in the slightest

marcarm

These aren't unsolicited goods.

KatrinaWaves

Jumblebumble wrote: »

I would assert that any company that sends out goods and then claims not to record calls to back up their assertions deserves everything they get and are in all probability the scammers
The good news is that any small claims court will hopefully agree
The OP should make arrangements for them to collect but does not need to put himself out in the slightest

A company that the OP's dad uses regularly and is apparently happy with, as he uses them regularly, are now the scammers because there is a dispute over whether one was ordered or not??

The fact the OP is not willing to give the wine back shows us who the scammer is, and it isnt the wine company.

Recording calls comes with many legal requirements as well as the software requirements. Not recording calls does not mean they are scammers.

Jumblebumble

KatrinaWaves wrote: »

A company that the OP's dad uses regularly and is apparently happy with, as he uses them regularly, are now the scammers because there is a dispute over whether one was ordered or not??

The fact the OP is not willing to give the wine back shows us who the scammer is, and it isnt the wine company.

Recording calls comes with many legal requirements as well as the software requirements. Not recording calls does not mean they are scammers.

This is all true but it does not help to convince me that they are not scamming
Our legal system relies on a little thing called proof and the seller cannot provide this
A call recording system would provide this

KatrinaWaves

Jumblebumble wrote: »

This is all true but it does not help to convince me that they are not scamming
Our legal system relies on a little thing called proof and the seller cannot provide this
A call recording system would provide this

There is no scam. Either the OP's father has ordered the wine, or his details have been confused with another customers and caused the wine to be shipped to the wrong address. Someone has made a mistake, and in the absence of proof of who the law sides with the consumer.

No one is scamming except the person trying to keep the wine for free because of a half baked reading of a law which doesnt apply.

SultanPepper

You should allow them to collect the wine at their expense. They remain their property unless you have refused them to collect them or consumed them then you have accepted their offer.

Rainbowgirl84

Jumblebumble wrote: »

This is all true but it does not help to convince me that they are not scamming
Our legal system relies on a little thing called proof and the seller cannot provide this
A call recording system would provide this

Where is the scam? The wine Company has neither the wine nor the money for it. The OP/father however have a case of wine they want to keep without paying for it.

KatrinaWaves

SultanPepper wrote: »

You should allow them to collect the wine at their expense. They remain their property unless you have refused them to collect them or consumed them then you have accepted their offer.

yeah whose betting this freebie wine no longer exists...