Goods delivered in error

David_Bedford2018 · 8 July 2018 at 11:50AM

Hi - have seen a number of posts re unsolicited goods and have my own views on this scenario but would welcome feedback:_
I was watching an item on Ebay and was surprised to find that while I was off-line, a 'Buy It Now' transaction had been completed without my knowledge. This was on a saturday evening when the retailer was closed (early evening, no drink had been taken) but I contacted both Ebay and the retailer in writing within an hour of the transaction taking place to confirm that I had not bid and that I wished to cancel the transaction.
The retailer confirmed that the order was cancelled and that they would cancel delivery (item had not yet been dispatched).
However, item was then delivered later in the week and the retailer has not contacted me. Given that they had confirmed cancellation prior to dispatch and therefore knowingly sent me something I did not want, does this constitute unsolicited goods (or !!!! up...). Many thanks.

NB - for info, this is the second time a bid appears to have been made on an item I was watching (not my doing) - which raises some concerns. With over 500+ 100% positive transactions on Ebay I know how it works, but this baffles me.

mije1983 · 8 July 2018 at 12:09PM

David_Bedford2018 wrote: »

does this constitute unsolicited goods

No. Unsolicited goods would be me sending you something. We have had no contact, whereas in your situation someone with access to your account made the bid which was accepted. Whether that was an error at your end or eBay's, the retailer only sees a genuine bid for their item.

It is wrongly delivered goods. Contact the retailer and make them aware. They will need to arrange collection at a time suitable to you.

rhinestonemaiden · 9 July 2018 at 10:16AM

Mije1983 you are wrong I am afraid. You need to read up on your law before posting. It is clear from the post that the goods are unsolicited. The receiver does not have to do anything and can dispose of the goods as he or she wishes. In this case he/she has already been in touch with the retailer and done all that he could and still the retailer delivered, for whatever reason, it does not matter.

So, hard luck on the retailer. Easiest way for those of you interested is to check the legislation wording as shown on Wikipedia. The consumer has more protection than ever before nowadays in this area. Unsolicited goods used to be a blooming nuisance for the consumer, but no longer, thank the Lord

neilmcl · 9 July 2018 at 10:35AM

Why would you watch a Buy it Now item, doesn't make a lot of sense unless there was also an option to bid?

TBH, I've never heard of this happening where a watched item is purchased without your interaction, I suggest you post this on the ebay forum and also possibly raise a dispute if it is the case.

This has nothing to do with unsolicited goods imho.

neilmcl · 9 July 2018 at 10:42AM

rhinestonemaiden wrote: »

Mije1983 you are wrong I am afraid. You need to read up on your law before posting.

I believe it's you that's wrong and maybe you should look at the actual legislation rather than spending time reading on you first search result from Wikipedia.

DoaM · 9 July 2018 at 10:48AM

rhinestonemaiden wrote: »

Mije1983 you are wrong I am afraid. You need to read up on your law before posting. It is clear from the post that the goods are unsolicited. The receiver does not have to do anything and can dispose of the goods as he or she wishes. In this case he/she has already been in touch with the retailer and done all that he could and still the retailer delivered, for whatever reason, it does not matter.

So, hard luck on the retailer. Easiest way for those of you interested is to check the legislation wording as shown on Wikipedia. The consumer has more protection than ever before nowadays in this area. Unsolicited goods used to be a blooming nuisance for the consumer, but no longer, thank the Lord

1. There has already been an interaction between buyer and seller regarding these goods, therefore this is not unsolicited - as already said it is incorrectly delivered goods.

2. As they are not unsolicited then the receiver cannot simply do what they like with them.

rhinestonemaiden · 9 July 2018 at 11:20AM

Neil and Doam. Prove I am wrong with actual quotes from the legislation. No good saying you "believe" I am wrong. The goods are clearly unsolicited

DoaM · 9 July 2018 at 11:35AM

No, they clearly are not unsolicited ...

https://forums.moneysavingexpert.com/showthread.php?t=5840148
https://forums.moneysavingexpert.com/showthread.php?t=5832552

But I really can't be bothered ... it happens too often that someone comes here full of exuberance but little real knowledge, and ends up disrupting the forum.

Filling people with false hope by telling them what they want to hear is NOT helping them.

marliepanda · 9 July 2018 at 11:45AM

https://www.legislation.gov.uk/ukpga/1971/30

“unsolicited” means, in relation to goods sent to any person, that they are sent without any prior request made by him or on his behalf.

Can it get any clearer...

rhinestonemaiden · 9 July 2018 at 11:49AM

DoAM you have not provided proof in the form of legislation, just a couple of Moneysavingexpert threads (and we know how much value is in those, not much lol). You "can't be bothered" you say. Says it all really. And it is you, one of the naysayers on this forum, who is being destructive of people's hopes, not I.

rhinestonemaiden · 9 July 2018 at 11:57AM

I have to say that since coming on to this Consumer Section of the forum I am shocked by the negativity and the willingness and readiness of some regular contributors on here to denigrate people's complaints. It is why I am weighing in here. On principle. It makes me wonder if these naysayers have a hidden agenda trying perhaps to put people off bringing genuine complaints to the Ombudsmen or to court. As I have said elsewhere, we have greater protection for consumers in the UK than almost anywhere else in the world. So great is that protection, that a court will bend over backwards to help consumers against bad companies, even where this consumers are ignorant of the law that applies. I have appeared in court many times with reference to consumer issues and I can safely say, I never saw the company that was stupid enough to fight the customer, actually win. In this thread these were unsolicited goods and any demand for repayment by the retailer is now a criminal offence in the magistrates court. Still waiting for your legislation quotes DoAM, otherwise hold your tongue. And naysayers with an agenda, also please do the same.

Goods delivered in error

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