Goods not ours

lollipop320

We have recently ordered some toys to be delivered direct to a relative which they received. In a separate parcel they also received some other goods. Do we notify the company or do they have to chance us ?

MeteredOut

What you have to do is one thing, but surely the right thing to do is to let the supplier know?

I'd be offering to send them back, but at their organisation and cost (ie. they organise a parcel wrapping and collection service). It's likely they'll just let you keep them, and you can sleep better knowing you're morally aligned with the good side of the universe

DE_612183

well they are not yours, and you know they are not, and you haven't paid for them - so yes you should send then back - to keep them is theft.

However if you are asking - what are the chances of me being found out - I would guess  quite slim....

MeteredOut

DE_612183 said:

well they are not yours, and you know they are not, and you haven't paid for them - so yes you should send then back - to keep them is theft.

However if you are asking - what are the chances of me being found out - I would guess  quite slim....

Is it really theft though?

Mark_d

So you placed an order with a company...and two parcels were delivered to your relative.  Were both parcels addressed to your relative?  Is it possible that someone else sent a parcel to your relative, using the same supplier as you? What makes you think the second parcel has anything to do with you?

DE_612183

MeteredOut said:

DE_612183 said:

well they are not yours, and you know they are not, and you haven't paid for them - so yes you should send then back - to keep them is theft.

However if you are asking - what are the chances of me being found out - I would guess  quite slim....

Is it really theft though?

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. 

That sounds like what the OP is saying they want to do.

Ergates

DE_612183 said:

- to keep them is theft..

As a blanket statement, this is not true.

There are circumstances under which it could be theft to keep them.   There are, equally, circumstances under which is wouldn't be.

lollipop320

We were going to notify them, not steal I did read a while ago that you inform them and it's up to them to arrange collection if they don't after 30 days they are yours. I can't remember where. The goods were not sent by anyone else we have checked but addressed to the relative. The goods sent in error are worth £120+. There is no paperwork with the goods  but it does say where they are from on the delivery label.

powerful_Rogue

lollipop320 said:

We were going to notify them, not steal I did read a while ago that you inform them and it's up to them to arrange collection if they don't after 30 days they are yours. I can't remember where. The goods were not sent by anyone else we have checked but addressed to the relative. The goods sent in error are worth £120+. There is no paperwork with the goods  but it does say where they are from on the delivery label.

That's not true. They have six years to claim the goods.

user1977

lollipop320 said:

I did read a while ago that you inform them and it's up to them to arrange collection if they don't after 30 days they are yours. I can't remember where.

That's a load of nonsense, wherever you read it. The goods never become the property of you or your relatives.

the_lunatic_is_in_my_head

DE_612183 said:

MeteredOut said:

DE_612183 said:

well they are not yours, and you know they are not, and you haven't paid for them - so yes you should send then back - to keep them is theft.

However if you are asking - what are the chances of me being found out - I would guess  quite slim....

Is it really theft though?

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. 

That sounds like what the OP is saying they want to do.

I don't think the appropriation was dishonest and as a result this isn't theft, it's covered under Torts giving rise to a civil claim if the responsibilities of the involuntarily bailee aren't carried out.

OP you need to let them know twice you have them, if they don't collect them then you can either take care of them or sell them for a fair price. Company has 6 years to chase (although a time goes on it gets less likely they will).

It would be interesting to know if a court would award cost in a situation where someone wrote twice as required, the company failed to respond but then later sued, presumably they would have failed to mitigate their loss by not responding to the earlier communication? 

user1977 said:The goods never become the property of you or your relatives.

Never is a long time...