Recent order refunded - what if it then arrives 7 December 2022 at 12:17PM in Consumer rights 22 replies 592 views

InTheShadows

I placed a £400 order (26th Nov) with Very which was refunded (6th Dec) after the 24 hour tracked postage (Royal Snail) was deemed "Lost" by Very. 

I always use a tracking app on my phone and while Very have removed the tracking info on my account - Today the app says that package has now moved to a closer mailing centre and is likely to be here in the next few days.

It may even arrive before it's replacmeent order..

Now I know morally I should jump through hoops, call them, arrange a collection at their cost, etc, etc

But I need this item asap, so will be using the first one that turns up, If I them return the second (replacement order) - that could end up refunding me. 

-

My initial thought was to see if 2 turn up, if they do, leave the second unopened until the new year, and see if they contact me. (If they did, I'd more than happily return it).

But if they have already chalked it off as lost, and aren't going to try and retrieve the item, am I legally allowed obliged do that for them?

I know morally, I should contact them and do my best to further inconvenience myself, to return the item to them. 

But legally, what are my obligations

SergeantBaker

InTheShadows said:

I placed a £400 order (26th Nov) with Very which was refunded (6th Dec) after the 24 hour tracked postage (Royal Snail) was deemed "Lost" by Very. 

I always use a tracking app on my phone and while Very have removed the tracking info on my account - Today the app says that package has now moved to a closer mailing centre and is likely to be here in the next few days.

It may even arrive before it's replacmeent order..

Now I know morally I should jump through hoops, call them, arrange a collection at their cost, etc, etc

But I need this item asap, so will be using the first one that turns up, If I them return the second (replacement order) - that could end up refunding me. 

-

My initial thought was to see if 2 turn up, if they do, leave the second unopened until the new year, and see if they contact me. (If they did, I'd more than happily return it).

But if they have already chalked it off as lost, and aren't going to try and retrieve the item, am I legally allowed obliged do that for them?

I know morally, I should contact them and do my best to further inconvenience myself, to return the item to them. 

But legally, what are my obligations

By not telling them you are acting dishonesty, so if you keep the item it's theft. 

Gavin83

Legally you need to allow them to collect it. It's not yours.

If you don't contact them then in the future if they realise they can ask you to return it. If you've already used the item or disposed of it then they can charge you for it. I suspect what'll happen is they'll put in a claim to Royal Mail, they'll turn around to say it was delivered and they'll come and chase you at this point.

Just to be clear there's a 6 year time limit for the above so they could chase you for this in several years time.

easy

In your shoes I'd definitely use whichever items are delivered first,  no problem with that.

Then when the second delivery arrives contact Very and let them know what has happened.  Tell them you need them to arrange collection.  
That's all you need to do.

born_again

https://forums.moneysavingexpert.com/discussion/6408335/retailer-cancelled-order-refunded-item-arrived-afterwards-who-pays-to-return-item/p1

Covers this.

InTheShadows

SergeantBaker said:

InTheShadows said:

I placed a £400 order (26th Nov) with Very which was refunded (6th Dec) after the 24 hour tracked postage (Royal Snail) was deemed "Lost" by Very. 

I always use a tracking app on my phone and while Very have removed the tracking info on my account - Today the app says that package has now moved to a closer mailing centre and is likely to be here in the next few days.

It may even arrive before it's replacmeent order..

Now I know morally I should jump through hoops, call them, arrange a collection at their cost, etc, etc

But I need this item asap, so will be using the first one that turns up, If I them return the second (replacement order) - that could end up refunding me. 

-

My initial thought was to see if 2 turn up, if they do, leave the second unopened until the new year, and see if they contact me. (If they did, I'd more than happily return it).

But if they have already chalked it off as lost, and aren't going to try and retrieve the item, am I legally allowed obliged do that for them?

I know morally, I should contact them and do my best to further inconvenience myself, to return the item to them. 

But legally, what are my obligations

By not telling them you are acting dishonesty, so if you keep the item it's theft. 

On the other side of the coin, once the item was deemed as lost by Very, the original contract was terminated, and any delivery of that item is unsolicited goods, which if kept, is not theft. 

It's not morally right,  but it's not being dishonest, it's just not going out of my way to be honest.

So surely legally it's not theft, especially if returned to them "if" requested.

Obviously because that request might not come for months or years, I think it's best that I call them and offer for them to arrange collection should the second parcel arrive. .  

InTheShadows

Gavin83 said:

Legally you need to allow them to collect it. It's not yours.

If you don't contact them then in the future if they realise they can ask you to return it. If you've already used the item or disposed of it then they can charge you for it. I suspect what'll happen is they'll put in a claim to Royal Mail, they'll turn around to say it was delivered and they'll come and chase you at this point.

Just to be clear there's a 6 year time limit for the above so they could chase you for this in several years time.

Thankyou Gavin, 

I'm aware legally I need to allow them to collect (which I have no problem doing), 

But likewise I'm also not legally obliged to chase after them at my own inconvenience to let them know.

I am aware of the 6 year limit, 
But I wasn't sure of it would be now classed as unsolicited goods, now Very have declared the original order as Lost.

user1977

No, they're not "unsolicited goods" if they have come from someone from whom you had placed an order (even if the goods happen to be wrong or duplicated).

"Unsolicited goods" refers to the laws about intertia selling i.e. where companies send you stuff out of the blue and then ask for payment. Which doesn't really happen now anyway.

MorningcoffeeIV

InTheShadows said:

SergeantBaker said:

InTheShadows said:

I placed a £400 order (26th Nov) with Very which was refunded (6th Dec) after the 24 hour tracked postage (Royal Snail) was deemed "Lost" by Very. 

I always use a tracking app on my phone and while Very have removed the tracking info on my account - Today the app says that package has now moved to a closer mailing centre and is likely to be here in the next few days.

It may even arrive before it's replacmeent order..

Now I know morally I should jump through hoops, call them, arrange a collection at their cost, etc, etc

But I need this item asap, so will be using the first one that turns up, If I them return the second (replacement order) - that could end up refunding me. 

-

My initial thought was to see if 2 turn up, if they do, leave the second unopened until the new year, and see if they contact me. (If they did, I'd more than happily return it).

But if they have already chalked it off as lost, and aren't going to try and retrieve the item, am I legally allowed obliged do that for them?

I know morally, I should contact them and do my best to further inconvenience myself, to return the item to them. 

But legally, what are my obligations

By not telling them you are acting dishonesty, so if you keep the item it's theft. 

On the other side of the coin, once the item was deemed as lost by Very, the original contract was terminated, and any delivery of that item is unsolicited goods, which if kept, is not theft. 

They're not unsolicited as you solicited them.

Transit delays don't make goods unsolicited.

SergeantBaker

InTheShadows said:

SergeantBaker said:

InTheShadows said:

I placed a £400 order (26th Nov) with Very which was refunded (6th Dec) after the 24 hour tracked postage (Royal Snail) was deemed "Lost" by Very. 

I always use a tracking app on my phone and while Very have removed the tracking info on my account - Today the app says that package has now moved to a closer mailing centre and is likely to be here in the next few days.

It may even arrive before it's replacmeent order..

Now I know morally I should jump through hoops, call them, arrange a collection at their cost, etc, etc

But I need this item asap, so will be using the first one that turns up, If I them return the second (replacement order) - that could end up refunding me. 

-

My initial thought was to see if 2 turn up, if they do, leave the second unopened until the new year, and see if they contact me. (If they did, I'd more than happily return it).

But if they have already chalked it off as lost, and aren't going to try and retrieve the item, am I legally allowed obliged do that for them?

I know morally, I should contact them and do my best to further inconvenience myself, to return the item to them. 

But legally, what are my obligations

By not telling them you are acting dishonesty, so if you keep the item it's theft. 

On the other side of the coin, once the item was deemed as lost by Very, the original contract was terminated, and any delivery of that item is unsolicited goods, which if kept, is not theft. 

It's not morally right,  but it's not being dishonest, it's just not going out of my way to be honest.

So surely legally it's not theft, especially if returned to them "if" requested.

Obviously because that request might not come for months or years, I think it's best that I call them and offer for them to arrange collection should the second parcel arrive. .  

You ordered the goods so they're not unsolicited.

Saying nothing and keeping the goods is dishonest and therefore theft. 

SergeantBaker

InTheShadows said:

Gavin83 said:

Legally you need to allow them to collect it. It's not yours.

If you don't contact them then in the future if they realise they can ask you to return it. If you've already used the item or disposed of it then they can charge you for it. I suspect what'll happen is they'll put in a claim to Royal Mail, they'll turn around to say it was delivered and they'll come and chase you at this point.

Just to be clear there's a 6 year time limit for the above so they could chase you for this in several years time.

Thankyou Gavin, 

I'm aware legally I need to allow them to collect (which I have no problem doing), 

But likewise I'm also not legally obliged to chase after them at my own inconvenience to let them know.

I am aware of the 6 year limit, 
But I wasn't sure of it would be now classed as unsolicited goods, now Very have declared the original order as Lost.

How inconvenient is sending an email to say both arrived? After all you've spent more time on this thread than it would take.