Item cancelled...it's been delivered-Advice?

Benny24

Sorry this may well be in wrong place... but my OH ordered a home cinema system a couple of weeks ago, online, and then cancelled it the same day, by phoning the company. Cancellation was confirmed.

A few days later he received an e-mail to say item had been dispatched. He called the company again to query and they confirmed the item had been cancelled, and to ignore the e-mail. He double checked his credit card and no money has been taken.

Today OH is at work and said item is at door with delivery man. I tell deliveryman item had been cancelled, and i'm not going to sign for it. Deliveryman tells me easier to sign for it and have the company come and collect the item, they will have to pay for it to be collected. I tell him that would probably be his company so can't he just take it? No you have to do it.

I ring OH at work who typically (!) says i'm not ringing them, their mistake, we'll keep hold of it.

I say no way ring them tell them it's arrived and they should arrange for it to be collected.

So now if they don't collect.....where do we stand?

bobdauilda

Keep it but then- Sell your house, cancel the milk/newspapers,leave no forwarding address, book a face lift at your local plastic surgery centre, change your names by deed poll, cash in all your insurance policies, move your bank account off-shore and move to Panama.
Top tip- don't buy a canoe or have your pics taken with foreign estate agents!

Steve_xx

You ought to have refused delivery in the first place.

Since you have not done so you could be deemed to have accepted the item if you do not write and explain that you do not wish to keep the item within 7 days from delivery. Write and send your letter by Recorded Delivery, explaining that you cancelled before the goods arrived and that you are holding them until they arrange for the goods to be uplifted. Here is some information which governs distance selling:

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/cancellation-periods

Benny24

bobdauilda wrote: »

Keep it but then- Sell your house, cancel the milk/newspapers,leave no forwarding address, book a face lift at your local plastic surgery centre, change your names by deed poll, cash in all your insurance policies, move your bank account off-shore and move to Panama.
Top tip- don't buy a canoe or have your pics taken with foreign estate agents!

LOL :rotfl:

Benny24

Steve_xx wrote: »

You ought to have refused delivery in the first place.

Since you have not done so you could be deemed to have accepted the item if you do not write and explain that you do not wish to keep the item within 7 days from delivery. Write and send your letter by Recorded Delivery, explaining that you cancelled before the goods arrived and that you are holding them until they arrange for the goods to be uplifted. Here is some information which governs distance selling:

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/cancellation-periods

I did say to the deliveryman that I wasn't going to accept it. He said it was easier for me (infact looking back probably for him!) to arrange for the parcel to be returned.

Hindsight is a wonderful thing!

Thanks for you advice I will get OH to get onto it when he gets home.

Steve_xx

Benny24 wrote: »

(infact looking back probably for him!)

That's exactly the case. The driver didn't want to go to the trouble of taking it back.

Poppycat

Yes you should have refused delivery. However you can still send the item back under the distance selling act provided the goods are in perfect condition assuming they arrived in that state.

It would have been far easier to have refused it as now you have the expense of sending it back under DSA, unless you rind the company and ask them to take it back, but tbh its your fault for accepting the item assuming you knew who it was from.

jimmmyc

Cancel the credit card you were going to pay on then they can't charge you and wait for them to ask for it back. After several months use it or ebay it!

Steve_xx

Poppycat wrote: »

Yes you should have refused delivery. However you can still send the item back under the distance selling act provided the goods are in perfect condition assuming they arrived in that state.

It would have been far easier to have refused it as now you have the expense of sending it back under DSA, unless you rind the company and ask them to take it back, but tbh its your fault for accepting the item assuming you knew who it was from.

No, it is incorrect to say that the purchaser has to finance the return of the goods. The receiver only has to make the goods available for the owner to collect.

Steve_xx

jimmmyc wrote: »

Cancel the credit card you were going to pay on then they can't charge you and wait for them to ask for it back. After several months use it or ebay it!

This is not a good idea. In any case, if the goods were paid for using a credit card and the goods were subsequently cancelled in line with distance selling regulations; then the credit card company would actually be liable to sort the matter out. Therefore, you have added protection.

Steve_xx

lakeview wrote: »

I would keep it if they send an item after you`ve cancelled it, they carnt put it back on the shelf unless as second hand becuase its been dispached

You're not actually entitled to keep the item unless the item has been in your posession for 6 years, at which point you would be free to sell it.

It would not be regarded as secondhand until it had been opened up and used.