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  • FIRST POST
    Former MSE Lee
    Money Moral Dilemma: Should I drink the milk?
    • #1
    • 5th Jul 10, 5:05 PM
    Money Moral Dilemma: Should I drink the milk? 5th Jul 10 at 5:05 PM
    This is a real life MMD so please bear in mind the MoneySaver in question will read your responses:

    Please give this MoneySaver the benefit of your advice...

    Should I drink the milk?

    A few weaks ago a bloke knocked to try and talk me into having my milk delivered. Even though I said no, today there were 4 litres on my doorstep. I've rung them, in case its on the wrong doorstep but no answer. In the heat it's obviously going to go off, so should I use it myself or leave it in case they call?

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    Last edited by Former MSE Alana; 06-07-2010 at 8:58 PM.
Page 1
    • billbennett
    • By billbennett 6th Jul 10, 9:48 PM
    • 2,270 Posts
    • 1,623 Thanks
    billbennett
    • #2
    • 6th Jul 10, 9:48 PM
    • #2
    • 6th Jul 10, 9:48 PM
    I'd take it and use it. If he asked for it back, I'd remind him that we have no contract, written or implied, and he should think twice in the future about leaving his property alone on a public street.

    I suspect that would be the end of it, as in order to recoup the cost of 4 bottles he'd have to sue me, without a leg to stand on.
    In "Monopoly", what makes the "Super Tax" so super?
  • Elsinor
    • #3
    • 6th Jul 10, 10:32 PM
    • #3
    • 6th Jul 10, 10:32 PM
    Definately dont use it,as soon as its opened by you in some cases it could be argued that you agreed to the contract by accepting the product-very sticky problem.
    Personally,if their depot is not too far away,I would redeliver to them with a letter saying something along the lines of,I think you made a mistake,trust it wont happen again.Oh and keep a copy of letter and confirmation of redelivery.
    • Lemoncurd
    • By Lemoncurd 6th Jul 10, 11:10 PM
    • 962 Posts
    • 567 Thanks
    Lemoncurd
    • #4
    • 6th Jul 10, 11:10 PM
    • #4
    • 6th Jul 10, 11:10 PM
    This reminds me of the time someone visited and brought with them a bottle of milk. Not wanting to put the empty bottle in the recycling if it could be reused I left it outside our back gate (right next to where the neighbours had milk delivered). The next morning I looked out to see a new bottle of milk at the bottom of the garden!
    Sent the milk company a message saying that we hadn't requested any milk but never heard from them again.

    I checked that it wasn't meant for the neighbour before putting it in the fridge, can't remember if we actually used it,
  • plimsoll
    • #5
    • 6th Jul 10, 11:18 PM
    • #5
    • 6th Jul 10, 11:18 PM
    I would at least put it in the fridge for now to stay cold even tho if they did take it back they probably couldn't redeliver cos of the Safety Elf. Then ring them & make decision based on conversation.

    I recently agreed to try milk delivery (not MSE tho so prob gonna cancel soon plus annoying me that sometimes I'm waiting for it lol) & first day I got left 1 organic semi & 1 normal semi when I'd ordered 2, called depot (well 0845 no grrr) & got told was arranged for it to be collected next morning, so put out, not gone by 9am when left so put back in fridge & left out again with a note 2 days later when next due delivery. I didn't want it argued that I'd "accepted" substitution by drinking it so to be charged, & def didn't want milkman to think that substitution would be acceptable in future.
    • gravitytolls
    • By gravitytolls 6th Jul 10, 11:34 PM
    • 12,997 Posts
    • 23,207 Thanks
    gravitytolls
    • #6
    • 6th Jul 10, 11:34 PM
    • #6
    • 6th Jul 10, 11:34 PM
    Stick it in the fridge, if no one's asked for it by the end of the day, use it, shame to waste it, especially four litres.
    I ave a dodgy H, so sometimes I will sound dead common, on occasion dead stupid and rarely, pig ignorant. Sometimes I may be these things, but I will always blame it on my dodgy H.

    Sorry, I'm a bit of a grumble weed today, no offence intended ... well it might be, but I'll be sorry.
    • Martinslovechild
    • By Martinslovechild 7th Jul 10, 12:17 AM
    • 1,543 Posts
    • 1,641 Thanks
    Martinslovechild
    • #7
    • 7th Jul 10, 12:17 AM
    • #7
    • 7th Jul 10, 12:17 AM
    I hope it's not a pint of Cravendale.

    Apparently, it tastes so good that the cows want it back

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  • Pellyman
    • #8
    • 7th Jul 10, 12:46 AM
    • #8
    • 7th Jul 10, 12:46 AM
    Methinks somebody is trying to milk you! (Sorry)
    Telephone them again in the presence of a witness, ideally from a land line so you have proof if you are connected. Put the milk in the fridge, if you have the space. Leave a note on the doorstep before you go to bed - 'No milk ordered or required - Please arrange to collect yesterday's unwanted delivery'.
    Then you will have done your bit at the cost of a 'phone call.
    Last edited by Pellyman; 07-07-2010 at 12:47 AM. Reason: omission
  • tahariel
    • #9
    • 7th Jul 10, 1:19 AM
    • #9
    • 7th Jul 10, 1:19 AM
    If you didn't sign anything I would take it in as a gift!
    • GraceCourt
    • By GraceCourt 7th Jul 10, 1:20 AM
    • 188 Posts
    • 106 Thanks
    GraceCourt
    Definately dont use it,as soon as its opened by you in some cases it could be argued that you agreed to the contract by accepting the product-very sticky problem.
    Personally,if their depot is not too far away,I would redeliver to them with a letter saying something along the lines of,I think you made a mistake,trust it wont happen again.Oh and keep a copy of letter and confirmation of redelivery.
    Originally posted by Elsinor
    No... this completely misinterprets the legal position. Contract law is complex but in these circumstances there could never be a contract, especially given that where two parties to an imputed contract have differerent understandings of the terms and conditions of the contract, it is void from inception.

    If he even asks for payment in these circumstances, a prima facie criminal offence is committed by him contrary to Section 2(1) Unsolicited Goods and Services Act 1971.
  • dianauni
    Drink and enjoy!
    Just drink it and forget all about it. You have tried to contact them about it so why waste your time and money phoning them again or taking the milk back. They are not going to cause you any trouble over 4 litres, way too much hassle. Anyway it's only your word against theirs - who's to know what happened to the milk? Only us here!!!
  • janaltus
    I think the rule regarding unsolicited goods is that - if they fail to take away their goods after you have advised them to do so - you are entitled to make a reasonable charge to them for storage. [see footnote]

    However, it sounds to me (as an ex-milk round lad) that either:
    a) someone is making an honest attempt to start-up or develop a milk round and has left you a generous sample, in the hope you'll take the bait (that is frequently what happens with start-ups).
    Or:
    b) the milkman (or, more likely, the milk round lad or lass) has accidentally delivered milk to the wrong front door (it happens quite a bit, especially on a new round)!

    In either case, personally I'd put the milk to good use (perhaps make a rice pudding or creme caramel if there is more milk there than you'd usually consume) or a nice mug of hot chocolate.

    Also, either way, why not leave a large, clearly legible note on your front door saying simply "No milk, thank you!" If the cheeky blighter knocks on the door asking for money, you can always tell him to naff off without a worry; reputation is everything to a milkman so he's not going to want you mouthing off to the neighbours that he is litigious or argumentative.

    But ... you could also offer to pay him a fair price for the milk, wish him well in his new venture and firmly ask him, face to face, not to deliver milk to you again (or, at least, not in the forseeable future).



    On the other hand, while it lasts, you might like to take advantage of our perculiar British institution of friendly doorstep deliveries, of milk, cream, butter, eggs, juice, yoghurt, etc.

    [footnote] The Unsolicited Goods and Services Act 1971 makes it an offence for a company to send you goods you have not ordered. The legislation is intended to discourage companies from sending customers unordered goods in the hope that they will be induced by lethargy or ignorance to pay for them. Companies who send out unordered goods in this way do so at great risk since once you receive the goods you do not have to pay for them and they are yours to keep. Source: The Guardian.
    Last edited by janaltus; 07-07-2010 at 6:23 AM. Reason: typo
    • VoucherMan
    • By VoucherMan 7th Jul 10, 7:05 AM
    • 2,506 Posts
    • 5,001 Thanks
    VoucherMan
    I'd use it.

    As you say it would got off in the heat so no point leaving it there.

    You'd be helping anyway as it's possible that if it were collected it could then be redelivered to someone else,and they wouldn't want lumpy milk.
  • Wessex Wanderer
    Dilemma?
    What milk?
    • NSG666
    • By NSG666 7th Jul 10, 8:31 AM
    • 30 Posts
    • 10 Thanks
    NSG666
    Throw it in the bin and forget about it
    • baldmosher
    • By baldmosher 7th Jul 10, 9:02 AM
    • 71 Posts
    • 42 Thanks
    baldmosher
    [footnote] The Unsolicited Goods and Services Act 1971 makes it an offence for a company to send you goods you have not ordered. The legislation is intended to discourage companies from sending customers unordered goods in the hope that they will be induced by lethargy or ignorance to pay for them. Companies who send out unordered goods in this way do so at great risk since once you receive the goods you do not have to pay for them and they are yours to keep. Source: The Guardian.
    Originally posted by janaltus
    How did Britannia Music Club get away with that model for so long?
    • Deanevans
    • By Deanevans 7th Jul 10, 9:04 AM
    • 32 Posts
    • 13 Thanks
    Deanevans
    Free Milk?
    If you drink it you have either bought it or are stealing it. Simples
  • fitshase
    I would leave it out. It's obviously their mistake. However, make sure it's not on your property as some local burglar could take it as a sign you are away on holiday and you could be woken up one night by them breaking in.

    It's similar to the catalogues we get (Avon, Bettaware, etc). They all shove one through the door then knock a week later asking for it back The Avon lady yesterday was extremely rude and impatient while I had to go and hunt for it so I told her that I don't want any more catalogues and if they post it again, it will be put in the recycling as unsolicited mail ;-)
    • minerva_windsong
    • By minerva_windsong 7th Jul 10, 9:22 AM
    • 3,765 Posts
    • 8,672 Thanks
    minerva_windsong
    I agree with the person who said put it in your fridge for now and then ring them again to see what they say. You never know, they might just say to keep it if they can't sell it on.

    Alternatively if you know your neighbours well enough it may be worth asking them if they've ordered any milk in case it's been delivered to you by mistake.
    "A mind needs books as a sword needs a whetstone, if it is to keep its edge." - Tyrion Lannister

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    Loose = the opposite of tight (eg "These trousers feel a little loose")
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  • rose.wyn
    Milk Delivery
    You should certainly leave it outside untouched. I would think that, legally, the minute you take it indoors - even if only to stop it going off - you are non-verbally agreeing to the delivery. You don't want it, you told them you didn't want the delivery - this is another form of cold-call selling. Don't be coerced into something you don't want to do. I know it will be hard to see it going off - but that is the fault of the delivery firm and the only way they will get the message. Be firm and good luck.
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