unsolicited goods through fraudulent activity

halfdan69

My son received a text message out-of-the-blue from PayPal informing him that they had initiated a block on his account due to security reasons. When he checked his PayPal account he discovered that a payment had been made for an Iphone using the payment card linked to his PayPal account. He immediately contacted PayPal through their website to declare that this transaction was unauthorised. He was advised to change his password and remove his payment card from his account. PayPal refunded the money. He also informed his bank who cancelled his card and sent him a new one. Two days later the IPhone was delivered. This transaction was initiated through Ebay. My son has never had an account with ebay nor has he had any dealings with them previously. Neither has he had any prior dealings with the seller. This is obviously fraudulent activity but can this be described as Unsolicited Goods within the meaning of the Act? Or is it “a mistake” due the fraudulent nature of the transaction? To be clear it is my son’s intention to return the goods if the seller asks and makes arrangements for its collection, otherwise my assumption is that if this is not forthcoming it his to keep as it’s unsolicited. Any (legal) advice would be appreciated.

RFW

halfdan69 said:

My son received a text message out-of-the-blue from PayPal informing him that they had initiated a block on his account due to security reasons. When he checked his PayPal account he discovered that a payment had been made for an Iphone using the payment card linked to his PayPal account. He immediately contacted PayPal through their website to declare that this transaction was unauthorised. He was advised to change his password and remove his payment card from his account. PayPal refunded the money. He also informed his bank who cancelled his card and sent him a new one. Two days later the IPhone was delivered. This transaction was initiated through Ebay. My son has never had an account with ebay nor has he had any dealings with them previously. Neither has he had any prior dealings with the seller. This is obviously fraudulent activity but can this be described as Unsolicited Goods within the meaning of the Act? Or is it “a mistake” due the fraudulent nature of the transaction? To be clear it is my son’s intention to return the goods if the seller asks and makes arrangements for its collection, otherwise my assumption is that if this is not forthcoming it his to keep as it’s unsolicited. Any (legal) advice would be appreciated.

First, I wouldn't rely on any advice you receive on here, if it does get to the situation where your son is keeping the phone then I'd suggest getting legal advice that you can use in a court, should it ever come to that. Iphones are easily traced so there are potential comebacks for some time.
I don't understand how the phone was delivered to your son. What kind of fraudster sends an item to the card holder's address. You might want to delve further into that. Was it done by someone your son knows who would have been able to access the phone once it was delivered?

halfdan69

@RFW. Thanks for your rely. We also don't know why the phone was delivered to our son. I can only assume that they weren't very sophisticated fraudsters and perhaps didn't realise that they were unable to change the delivery address on my son's account without going through extra security. It's all very strange. May get some legal advice as you say but was interested in hearing the thoughts of others. Thanks again.

theonlywayisup

I understand your OP but I fail to see the query.

The phone has been delivered and wasn't paid for by your son.  To try to find legislation to cover the fact he may be able to keep it isn't morally right.   I particularly don't feel your statement that  "it is [your] son’s intention to return the goods if the seller asks" sits well.  The seller should be contacted, regardless of the law, this was (as you know) an act of fraud and if you are a good person/parent you will lead by example. 

shaun_from_Africa

RFW said:

I don't understand how the phone was delivered to your son. What kind of fraudster sends an item to the card holder's address. You might want to delve further into that. Was it done by someone your son knows who would have been able to access the phone once it was delivered?

It might be the sort of scam where the goods get delivered to someone then a short while later, there is a knock at the door and the person there states that they were expecting an iPhone and it appears to have been delivered to the wrong address. They take the phone and that's the last you see of them, the phone or your money.

cymruchris

Be careful to anyone that knocks the door to 'collect it' claiming to be from a courier company. If you are going to return it, do it via Royal Mail and the post office special delivery service where you personally hand it over the counter. 

Spoonie_Turtle

tonyhender said:

Did you son want an iphone why does he want it has he opened it. Who name was on package.

I doubt it was sent through the post emblazoned with iPhone on the outside of the packaging! Pretty sure most people open their post whether they were expecting anything or not.

soolin

Just out of interest has the case definitely tell been closed entirely and money returned, or is it pending investigation? It seems odd that your son received an iPhone to his address using his PayPal , and I would be watching the PayPal account carefully to see if they claw back the money later if they decide the payment was authorised. 

halfdan69

soolin said:

Just out of interest has the case definitely tell been closed entirely and money returned, or is it pending investigation? It seems odd that your son received an iPhone to his address using his PayPal , and I would be watching the PayPal account carefully to see if they claw back the money later if they decide the payment was authorised. 

He's had his money refunded and it was PayPal themselves who alerted him to the suspicious activity. I'm going to contact them again for further advice and also report it to ebay (although he hasn't got an account with ebay). Unwilling to contact seller at this point as they could be involved in the scam for all we know.

soolin

halfdan69 said:

soolin said:

Just out of interest has the case definitely tell been closed entirely and money returned, or is it pending investigation? It seems odd that your son received an iPhone to his address using his PayPal , and I would be watching the PayPal account carefully to see if they claw back the money later if they decide the payment was authorised. 

He's had his money refunded and it was PayPal themselves who alerted him to the suspicious activity. I'm going to contact them again for further advice and also report it to ebay (although he hasn't got an account with ebay). Unwilling to contact seller at this point as they could be involved in the scam for all we know.

In that case I would watch out (as mentioned above) for someone knocking asking for their phone. or a fake email purporting to be from paypal saying they are sending a courier for it.

I would also be trying to find out how someone got access to the paypal account, I assume a full scan has been done on any PC or mobile and all passwords changed already? It is useful now to try and work out how access was gained, was it a phishing mail or has someone else been given  or gained access?

RFW

shaun_from_Africa said:

RFW said:

I don't understand how the phone was delivered to your son. What kind of fraudster sends an item to the card holder's address. You might want to delve further into that. Was it done by someone your son knows who would have been able to access the phone once it was delivered?

It might be the sort of scam where the goods get delivered to someone then a short while later, there is a knock at the door and the person there states that they were expecting an iPhone and it appears to have been delivered to the wrong address. They take the phone and that's the last you see of them, the phone or your money.

In that scenario they'd change the name, surely? This seems way too risky for the criminal.
Weirdly it reminded me of something that happened to me. I had a pizza delivery account hacked, that was the fault of the company, not mine. I had a Paypal account attached but the payment card wasn't valid. So the hacker changed the details on my account and paid cash on delivery. Neither myself nor the food company could find any other wrong doing. It's a few years ago now and I've never heard anything more. That always baffled me, so I guess there are dumb villains about.