Golf clubs sent before finance accepted.

jamiewatson84

Hi,
I wonder if someone could help? I ordered a set of golf clubs from American Golf and wanted to use their interest free credit option. So I made the order, and 2 days later the golf clubs were delivered. I recieved an email saying that they made a mistake and that the finance had not been finalised  and they would collect the clubs. I had already used them, and I was obviously very annoyed. They now want me to fill out an application for finance to remove the debt from the order and collect them, or pay by alternative means. Does anyone know if this is classed as unsolicited goods, as on their t&c's it says a contract is not formed for the goods until the goods are paid for, and when they are paid for (or finance agreed) then the order will be accepted and delivered, hence forming the consumer contract. Any advice would be helpful 🙂 

The_Rainmaker

Just answer this question. 

Do you think you should get the clubs for free?

Once you have answered that you will know what to do.  (I'll give you a wee clue a mistake has been made).

Spank

Of course it's not unsolicited goods, just a mistake by them.

Why not fill in the finance paperwork, it's what you were going to go anyway?

davidmcn

jamiewatson84 said:

I ordered a set of golf clubs ... Does anyone know if this is classed as unsolicited goods

Don't be daft. "Ordered" = "solicited".

Aylesbury_Duck

The_Rainmaker said:

Just answer this question. 

Do you think you should get the clubs for free?

Once you have answered that you will know what to do.  (I'll give you a wee clue a mistake has been made).

This.

They are not unsolicited goods.  You committed to buying them, they've been delivered, you've used them.  The only thing left to do is to pay for them.

bris

Unsolicited good is a thing long in the past, no one does it anymore. A mistake is not even close. 

You need to come to an arrangement with them one way or the other as this will not go away and could lead to them chasing you through the courts which they will win as it's an open and shut case.

mattyprice4004

No you can't have a set of free golf clubs. 
Use your moral compass, it's in there somewhere! 

pinkshoes

jamiewatson84 said:

Hi,
I wonder if someone could help? I ordered a set of golf clubs from American Golf and wanted to use their interest free credit option. So I made the order, and 2 days later the golf clubs were delivered. I recieved an email saying that they made a mistake and that the finance had not been finalised  and they would collect the clubs. I had already used them, and I was obviously very annoyed. They now want me to fill out an application for finance to remove the debt from the order and collect them, or pay by alternative means. Does anyone know if this is classed as unsolicited goods, as on their t&c's it says a contract is not formed for the goods until the goods are paid for, and when they are paid for (or finance agreed) then the order will be accepted and delivered, hence forming the consumer contract. Any advice would be helpful 🙂 

Unsolicited goods is when you receive something from a company you have never had contact with before. You ordered these so not unsolicited.

They need to put you back in the same position as you were before, so they are offering a cancellation and collecting the clubs even though they have been used. 

They have also given the option of coming up with your own finance. 

Given the clubs are used and this will have diminished their value, you are in a reasonable position to negotiate. Can you afford them without finance? Why not see if you can get a loan elsewhere, then whatever it would cost you in interest for the duration of the loan, negotiate this as a discount? e.g. if you borrowed £400 over 2 years and the interest rate was 21.9%, the loan cost would be £488, so ask for an £88 discount. 

(no idea on a rate for a loan of £400!! - the above is just an example)

photome

I am confused, you ordered them, you received them , then you used them,  but you don’t want to pay for them? Or is it just they won’t give you the interest  free option now ?

Blackbeard_of_Perranporth

jamiewatson84 said:

Hi,
I wonder if someone could help? I ordered a set of golf clubs from American Golf and wanted to use their interest free credit option. So I made the order, and 2 days later the golf clubs were delivered. I recieved an email saying that they made a mistake and that the finance had not been finalised  and they would collect the clubs. I had already used them, and I was obviously very annoyed. They now want me to fill out an application for finance to remove the debt from the order and collect them, or pay by alternative means. Does anyone know if this is classed as unsolicited goods, as on their t&c's it says a contract is not formed for the goods until the goods are paid for, and when they are paid for (or finance agreed) then the order will be accepted and delivered, hence forming the consumer contract. Any advice would be helpful 🙂 

Question. Do you want the clubs? If so, pay for them! Simple.

JamoLew

I bet they are "not fit for purpose"