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

real1314

INAL, but...

1. If you order something and then cancel it before despatch, any contract has been cancelled.
2. If you then get an email saying they are going to despatch, and you phone them and they say - "no, it's a mistake, it won't be sent" - this doesn't create a contract.
3. If they then deliver it and someone signs for the delivery, this doesn't create a contract.

I can't see how either 1. or 2. could be stated to allow any sort of contract to stand, so when 3. occurs, all that has happened is that the OP has signed for unsolicited goods.

This could then possibly be classed as inertia selling, on which the OFT says:

"Inertia selling
The regulations amend the Unsolicited Goods and Services Act 1971 and the Unsolicited Goods and Services (Northern Ireland) Order 1976 to remove any rights of the sender in respect of unsolicited goods and services and any obligations on the consumer.
As such, consumers can retain unsolicited goods or dispose of them as they wish. They are under no obligation to keep them safe or to return them to you. It is an offence for you to demand payment from consumers for unsolicited goods or services."

link here: http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/contract-performance

SallyD

The Distance Selling Regs are great if all goes to plan and not to be confused with the Unsolicitored Goods & Services Act.

You get a 7 day cooling off period and as you say cancelled very soon after placing the order, so you were within the time limit. If you cancelled over the phone you should have really followed it up by an email or posted a letter to confirm cancellation.

If the company despatched immediately and you took in the parcel and they and you have no record of your cancellation you may well be charged for the goods and to return would certainly have to pay the postage but I would say however, that the company must inform you of your rights to cancel in writing and if this information is not on the website or sent to you by letter/email then the contract would void.

Quite simply, if you have cancellation confirmation from the trader I am sure they will collect.

sco0ter

real1314 wrote: »

"Inertia selling
The regulations amend the Unsolicited Goods and Services Act 1971 and the Unsolicited Goods and Services (Northern Ireland) Order 1976 to remove any rights of the sender in respect of unsolicited goods and services and any obligations on the consumer.
As such, consumers can retain unsolicited goods or dispose of them as they wish. They are under no obligation to keep them safe or to return them to you. It is an offence for you to demand payment from consumers for unsolicited goods or services."

link here: http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/contract-performance

Unsolicited goods are things like Books or CD's that companies used to send and then say you had so long to cancell and if not you would be charged. It is basically for goods sent that you have not requested. As the OP DID request the item but then changed her mind I doubt this would hold up if they wanted it back and she refused especially over the christmas period where things could get muddled, lost or confused

Benny24

Thanks for all you replies......OH called the company, and they confirmed the order had been cancelled, and closed, and had no records of the order being 'LIVE' on their system.

They could not understand how we received the item! Infact the lady was surprised that OH had called to tell them we had received it, and said if we hadn't phoned to tell them this, they would have been none the wiser!!! (yeah right!)
OH repied "I'm too honest!"

She said she would send some packing labels and a phone number for us to call to arrange pick up.

What I have just found out from OH this evening, was that he ordered two items at the same time, the other item being a TV, which was also cancelled. That hasn't turned up .......yet!.....:rolleyes:

real1314

sco0ter wrote: »

Unsolicited goods are things like Books or CD's that companies used to send and then say you had so long to cancell and if not you would be charged. It is basically for goods sent that you have not requested. As the OP DID request the item but then changed her mind I doubt this would hold up if they wanted it back and she refused especially over the christmas period where things could get muddled, lost or confused

Unsolicited goods might usually be CDs or Books, but in this case it was a home cinema system. The company had agreed a cancellation, therefore there was no contract to supply. Hence, with no contract or valid request, the goods were unsolicited.
However, the company might have had a chance of recovery under the Common Law area commonly called "Theft by Finding", where someone receives something which they know is not theirs and then keep it.

If the OP contacts the company and tells them they can pick it up at the OPs convenience, but the company fail to do so, they could then keep it.