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Can I keep this item?
Comments
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Yes - the Theft Act of 1968: https://www.legislation.gov.uk/ukpga/1968/60/crossheading/definition-of-theftJennym254 said:
Dishonestly appropriating goods that you know do not belong to you is theft. That includes goods which have been incorrectly delivered to you.3 -
Jennym254 said:
And also try this: the Torts (Interference with Goods) Act 1977 (legislation.gov.uk)
In particular, pay attention to s12.4 -
yes, if in the days of cash I was given too much change, I would highlight the error. I thought that's what all decent people did. Its a matter of principle.Jennym254 said:
It’s a matter of principle, if you’re given too much change in a shop do you automatically run straight back to the shop?frugalmacdugal said:Hi,why would you want to keep when you had cancelled the original order?16 -
Think the only time I didn't is when I didn't realise what had happened until after I had rushed to the bus and was putting my wallet away and had £10 too much.Jennym254 said:
It’s a matter of principle, if you’re given too much change in a shop do you automatically run straight back to the shop?frugalmacdugal said:Hi,why would you want to keep when you had cancelled the original order?I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe, Old Style Money Saving and Pensions boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
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So your principal is only to your benefit ? Sod everyone else.Jennym254 said:
It’s a matter of principle, if you’re given too much change in a shop do you automatically run straight back to the shop?frugalmacdugal said:Hi,why would you want to keep when you had cancelled the original order?
Granny forgets to pick up her money off the bus seat next to you but you don't go after her with it,you keep it.
Or is only businesses that apply?3 -
Just refuse the delivery
5 -
You seem intent on keeping it, so I'm not sure why you've asked the question. The correct and honest thing to do is to refuse the delivery, or make best efforts to have them collect it. If you want to punish them and/or be greedy, just keep it and deal with the consequences if there are any, but as has been pointed out, legally you're going to be more inconvenienced sorting it out if you don't intervene sooner and the retailer follows it up, so if inconvenience is your problem, the course of action should be obvious.
Oh, and before you ask, whether or not you have a contract, the goods are not unsolicited. You ordered them, so that's not a route you can go down, either.
Take your chances, but if it does come back to bite you, you might want to seek advice elsewhere.5 -
But this isn't a question of contract law so the existence or non-existence of a contract is irrelevant.Jennym254 said:
I note you haven't yet addressed the questions of theft and your responsibilities under the Torts (Interference with Goods) Act 1977 (legislation.gov.uk).
Are they too inconvenient (or possibly too difficult) for you to understand?5
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