Unsolicited Delivery

HugoSP

Hi

Yesterday we received an unsolicited delivery from a major retailer. The item in question is worth about £500.

We have e mailed a senior manager at their head office as we don't know what area of the organisation is responsible for it. We have yet to receive a reply.

My daughter (14) was asked to sign for it by the courier. She obliged.

What is my legal position here?

dunstonh

You make the retailer know, keep a log of when and whom you speak to and keep the item safe until they pick it up.

dmg24

I would recommend a phonecall too, or at least ensuring that you get proof of delivery of your email.

withabix

Are you sure you haven't won something???

geordie_joe

HugoSP wrote: »

Hi

Yesterday we received an unsolicited delivery from a major retailer. The item in question is worth about £500.

We have e mailed a senior manager at their head office as we don't know what area of the organisation is responsible for it. We have yet to receive a reply.

My daughter (14) was asked to sign for it by the courier. She obliged.

What is my legal position here?

I would say keep it as they may ask for it back if it was sent to you by mistake. Make reasonable efforts to contact them to find out why it was sent, letter by recorded delivery would be good, or get them to reply to any email you send.

If it was sent to you by mistake they should pay to have it returned. They can't make you pay for it, so don't worry about that. In fact you'd be better off if they did try to make you pay for it as it is an offence to do that and you could keep the item as an unconditional gift.

Thomas_Crown

HugoSP, your problem was for many years covered by the 'Unsolicted Goods & Services Act 1971', however a later piece of legislation the ''Consumer Protection (Distance Selling) Regulations 2000'' has largely superceded the old Act. However the 1971 Act has not been repealed.

Under the old act there were two different ways of dealing with the problem.
Basically, one option was to do nothing at all & wait for a designated period of time (6 months?). If the sender did not collect the item within that period of time then the item would be legally yours.

The other option was to contact the seller as you have done (keeping a record of the notification/date etc) & after a shorter period of time than option one, the item would be yours.

You have nothing to worry about. It is illegal for the seller to demand payment from you for unsolicited goods!

Try Googling the above 'Acts'. There is a multitude of information at your finger tips. Let us know how you get on.

HugoSP

Well, thanks to Thomas I have googled.

Since I don't know which part of the organisation is responsible for this delivery I can't be sure that the Distance Selling regs apply here, as the outfit concerned sell over the internet and via retail premesis.

However, I found this clip from the gardian which I would like comments on, I'm not sure that it is correct. The 6 months that Thomas mentions does ring a bell though.

http://www.guardian.co.uk/money/2005/sep/29/yourrights.legal3

geordie_joe

HugoSP wrote: »

Since I don't know which part of the organisation is responsible for this delivery I can't be sure that the Distance Selling regs apply here, as the outfit concerned sell over the internet and via retail premesis.

I don't think that matters as the main point is you did not order the goods.

HugoSP

HugoSP wrote: »

Well, thanks to Thomas I have googled.

Since I don't know which part of the organisation is responsible for this delivery I can't be sure that the Distance Selling regs apply here, as the outfit concerned sell over the internet and via retail premesis.

However, I found this clip from the gardian which I would like comments on, I'm not sure that it is correct. The 6 months that Thomas mentions does ring a bell though.

http://www.guardian.co.uk/money/2005/sep/29/yourrights.legal3

Hmmm...

6 month sounds about right....

http://www.consumereducation.org.uk/laws/english/legalrights/10.htm

dmg24

Could we ask who the company is? It would give an indication of whether it is a genuine solicited goods situation or just an error?

JohalaReewi

As from 1 November 2000, you can treat items received but not ordered as an unconditional gift. Checkout the DTI website...

Under the Unsolicited Goods and Services Act 1971, (as amended) it is an offence to demand payment for goods known to be unsolicited, in other words, they were sent to a person without any prior request made by them or on their behalf.

Someone who receives goods in these circumstances may retain them as an unconditional gift, and does not have to pay for or return any unwanted goods. Anyone who receives a demand for payment for unsolicited goods should report the matter to their local Trading Standards Department.

http://www.dti.gov.uk/consumers/buying-selling/unsolicited/index.html