Unsolicited goods?

superscaper

Tozer wrote: »

Completely agree with DMG. Not 'unsolicited' goods. More goods provided by mistake. Technically, they have 6 years to recover them from you and you should take reasonable care of them whilst in your possession - they are the retailers products as you have not paid for them.

I would certainly not dispose of them. I would take all steps to get them to collect. Sounds as though a simple call would be all that is needed!

Not according to the laws of uncollected goods that I provided a link to. You set the date of collection and then you legally have right to sell or keep the goods.

Tozer

superscaper wrote: »

Not according to the laws of uncollected goods that I provided a link to. You set the date of collection and then you legally have right to sell or keep the goods.

Check the whole article...

If you are in possession of another person’s goods you can sell them if they remain uncollected, as long as:-

• the original owner is responsible for collecting the goods. The goods cannot be sold if it is the finder’s responsibility to return them; and
• any money received from the sale is returned to the original owner or, if this is not possible, kept on account for them. The owner only loses their right to the money after six years;

Thats why you can't just get rid of them. The six year period is set down in the Limitation Act 1980.

superscaper

Tozer wrote: »

Check the whole article...

If you are in possession of another person’s goods you can sell them if they remain uncollected, as long as:-

• the original owner is responsible for collecting the goods. The goods cannot be sold if it is the finder’s responsibility to return them; and
• any money received from the sale is returned to the original owner or, if this is not possible, kept on account for them. The owner only loses their right to the money after six years;

Thats why you can't just get rid of them. The six year period is set down in the Limitation Act 1980.

As far as I was aware that's only if you sell the item, but you're allowed to sell it. Yes they may be able to claim the money if you do but they can't claim the item or value of the item if you keep it which was my point. They don't have six years to claim back the item, only proceeds of a sale IF one takes place.

Tozer

superscaper wrote: »

As far as I was aware that's only if you sell the item, but you're allowed to sell it. Yes they may be able to claim the money if you do but they can't claim the item or value of the item if you keep it which was my point. They don't have six years to claim back the item, only proceeds of a sale IF one takes place.

Not sure I agree. Laws of bailment require that legal title does not pass to the custodian of the goods save by means of adversory possession (keeping something where title vests in the original owner) after 6 years.

Selling to a third party is an exception to the "nemo dat quod non habet" rule which (in English!) means that nobody can give title if they do not have title to begin with. Its an ancient rule which goes to the heart of sale of goods law.

To use the goods would defeat the terms of the bailment and would, in my view, lead to the right to sue by the original owner for the recovery of the goods or their recovery. The action would be an action for recovery of goods in the first place or money if they have been sold. To put someone in a better position if they kept the goods rather than selling them would be inequitable.

As I said, a simple call would probably sort everything out!

jonnyd281

Reading your original post you state that only the payment was cancelled due to a problem with the payment system and not the order as a whole. I think crossed wires here mean that you have had two active orders with the company.

Pew_Pew_Pew_Lasers!

Well I emailed them and have given them until 4/2/08 to collect them. This is the second time I have emailed them and asked them to collect.

After that date, I shall dispose of them however I see fit to.

advent1122

Pew_Pew_Pew_Lasers! wrote: »

Well I emailed them and have given them until 4/2/08 to collect them. This is the second time I have emailed them and asked them to collect.

After that date, I shall dispose of them however I see fit to.

.....and then be forced to pay for them.
Why not phone them to arrange collection?

dmg24

advent1122 wrote: »

.....and then be forced to pay for them.
Why not phone them to arrange collection?

Good common sense answer! It does seem that the OP is being pedantic for the sake of it?

superscaper

dmg24 wrote: »

Good common sense answer! It does seem that the OP is being pedantic for the sake of it?

It's like the two examples I gave. Just make a decent effort to get them to do something about it without letting yourself be walked over (i.e. their mistake, they sort out logistics and costs of pickup). In one case it was a simple pickup the next day and in the other I've got a fridge. Neither time did I set out to try and keep the goods at any point. Companies make mistakes, even the fantastic ones, we should try and save money and get the best deal we can but I don't think that stretches to ripping off companies as much as possible, I don't think that really helps anyone in the grand scheme of things.

fwhorn

I am sorry but I dont feel the OP is being pedantic, I have been in the same postion. Goods arriving that wasn't ordered, phoned company up to collect, waited 1 month, phoned company up to collect again, arranged a date and time to collect, courier failed to pick up. Spoke to the company again, they asked for another date, told them they would have to pay for my time and storage of the item, needless to say they wouldn't pay. I kept the item, and the emails to prove that I tried to give it them back.

Mistakes can happen, but it shouldn't cost you to help.

To the OP, if and when you sell the goods you are allowed to take cost of storage out.

To put it another way, if a company delivers a shed or any other bulky item wrongly to you why should you store it and keep it safe after you have givem them notice to collect. The law protects both the company and the customer, in this case.

Op has requested it to be picked up, the company hasn't come back to him.

If I was the OP I would email them again and ask them for payment of storage and when they are going to pick these up, or would they like me to dispose of them.