Ordered item, received different item, told to keep, now they want it back.

Rambolicks
Rambolicks Posts: 30 Forumite
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edited 18 June 2019 at 5:00PM in Consumer rights
Hi everyone, thanks for your time reading my post.

I ordered an item from an online shop, they sent a similar item so we contacted them immediately and explained their error. They then said they will "write it off" and send out our proper item straight away. They then sent an automated email asking for the wrong item to be sent back a couple of weeks later. We contacted them by phone, they said to ignore the email and we don't have to send anything back.

Now a week later we have an email asking us to send the wrong item back again or else we will have to pay for it.

Where do we stand on this? The item is less than £100.

Cheers
«1

Comments

  • DoaM
    DoaM Posts: 11,863 Forumite
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    edited 18 June 2019 at 5:09PM
    Have you received the correct item yet?

    Bottom line - if they want it back they're entitled to it back. However they must bear all costs for the return.

    (You have a phone conversation [presumably? Or was this an email conversation?] saying you can keep it - they have emails [writing] saying they want it back. If this went legal you'd be up a creek without a paddle, unless you had something in writing from them saying to keep it. And of course they're allowed to change their minds).
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,967 Forumite
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    You should send it back, but at their cost. If you don’t and if they pursue the matter, you will lose.
  • Rambolicks
    Rambolicks Posts: 30 Forumite
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    They have acknowledged in their latest email that they have already said we can keep the item. Is there not a point which they can't just come back to you and change their mind to cut their losses?
    :money:
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,967 Forumite
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    Not completely sure, but I think it's six years if you're prepared to sit on the item that long in the hope they won't pursue it.
  • garth549
    garth549 Posts: 486 Forumite
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    Tell them to arrange a courier to collect the item at a convenient time. You shouldn't be inconvenienced and they must bear the cost of returning it.
  • ThumbRemote
    ThumbRemote Posts: 4,621 Forumite
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    Rambolicks wrote: »
    They have acknowledged in their latest email that they have already said we can keep the item. Is there not a point which they can't just come back to you and change their mind to cut their losses?

    The point they cannot change their mind is when they first told you that it was yours to keep.

    Unfortunately it appears that was only told you verbally, rather than in writing. This makes it somewhat trickier as you have no proof.
  • marcarm
    marcarm Posts: 1,205 Forumite
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    The point they cannot change their mind is when they first told you that it was yours to keep.

    Unfortunately it appears that was only told you verbally, rather than in writing. This makes it somewhat trickier as you have no proof.

    Looks like they have proof via email as per #4
  • ThumbRemote
    ThumbRemote Posts: 4,621 Forumite
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    Ah, my mistake. In which case you have two options:

    1. Offer to return the item, if they provide shipping labels and packaging.

    2. Remind them that they've already said you can keep it, and they have no right to change their mind now. I have no idea if they will pursue the matter, but it may not be worth their time to do so.
  • Jumblebumble
    Jumblebumble Posts: 1,807 Forumite
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    Not completely sure, but I think it's six years if you're prepared to sit on the item that long in the hope they won't pursue it.

    Do you realise how absurd what you have written sounds?
    Who does this item now belong to?
    ( Clue the company gave it to the OP !)
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,967 Forumite
    First Anniversary First Post Name Dropper
    Do you realise how absurd what you have written sounds?
    Who does this item now belong to?
    ( Clue the company gave it to the OP !)
    Nothing absurd about it. The item "now" belongs to the company. They've replaced it and the OP has the correct product. OP doesn't own both because they've only paid for one. The company have made a hash of the whole process but they are entitled to the item back if they want it.
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