Can I keep this item?

JetpackVelociraptor

It's not about whether you have a contract with the seller, it's about whether you have a relationship with the seller. If some random company you've never talked to before sends you goods and then demands payment, you can keep the goods and tell them where to go. If a company you've dealt with before accidentally sends you twenty items instead of two, or posts out an order that you've previously cancelled, it's not unsolicited goods. The goods they send don't belong to you, and they have up to 6 years from their arrival to reclaim either the goods or their cash value from you.

The easiest way for you to deal with this is to refuse delivery if possible, or inform the company on arrival of the goods that you have their stuff and they need to collect it. You could threaten to charge them a reasonable amount for the storage of the goods beyond a certain date, but bear in mind it needs to be reasonable - I doubt you could charge much if anything if the goods are of a size that you could stick the item in a drawer and forget about it, for example. Even if you give them 14 days to collect and hear nothing back for 21 days, you still owe them the goods or the money. This isn't a finders keepers situation. Instead, you've become an "involuntary bailee" which means you are legally responsible for taking care of their stuff, ensuring you get fair market value for it if you sell it, ensuring that the goods or cash value of same is provided to the owner, ensuring that they're kept safe etc etc. It's a pain, and best avoided.

GrubbyGirl_2

Jennym254 said:

GingerTim said:

Jennym254 said:

GingerTim said:

And I think you know that.

I didn’t order it, why should I be inconvenienced by the inability of the seller to actually cancel the order?

Because of the law.

Can you quote that bit of the law please?

It's called theft.  You are retaining something which you know you haven't paid for.  

But if you want chapter and verse:

"Theft is defined by section 1 of the Theft Act 1968 as the dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it."

[Deleted User]

Hi,

Jennym254 said:

frugalmacdugal said:

Hi,

why would you want to keep when you had cancelled the original order?

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?

I wouldn't need to run back, I'd have pointed it out at the time, maybe a young Saturday assistant getting the blame for till being short at the end of day.

You stick to your principles, if that makes you happy.

sheramber

Jennym254 said:

frugalmacdugal said:

Hi,

why would you want to keep when you had cancelled the original order?

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?

Yes, and have done.

GrubbyGirl_2

Jennym254 said:

frugalmacdugal said:

Hi,

why would you want to keep when you had cancelled the original order?

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?

I think this statement speaks volumes about the kind of person you are.  99.99% of people would absolutely give it back or that person would lose there job and most people would not wish to deprive a person of their livelihood because of a simple mistake.

timmy963

OP just trying to justify theft for something they ordered.

I'm sure you would be up in arms if you paid for an item and they sent you an empty box.

LightFlare

OP - just out of curiosity, what is it ?

elsien

Jennym254 said:

frugalmacdugal said:

Hi,

why would you want to keep when you had cancelled the original order?

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?

No.  I check the change at the time I’m given it and query any discrepancy at the time.
Which  particular principle are you referring to? 

GrumpyDil

I've had an item delivered this week from an Ebay seller where I cancelled pretty much as soon as I'd ordered as I spotted whilst ebay vehicle checker said it would fit on zooming right in on one of the images I could see it wouldn't.

I've had confirmation of it being cancelled and the refund so have messaged the seller asking if they would like to collect it/send me a returns label.

I'm not willing to pay for the return but 100% doesn't belong to me. 

Caz3121

If you have changed you mind and now decided that you want the item then contact the seller and arrange payment for it
If you don't want the item then refuse delivery