I recently bought a laptop online and the website failed to deliver on time, they sent the item the following day BUT the day after that they also delivered another one!
My friend told me that after a certain amount of time the company would be unable to reclaim the item and it would legally be mine.
Is this true or is it just cheeky, wishful thinking?
Since 2000, the regulations surrounding this type of occurrence have changed somewhat. Before 1st November 2000, the law stated that the company that sent out any unsolicited goods received before this date had to be notified. The sender was then responsible for collecting the items within 30 days. After six months the receivers would be able to claim the unsolicited goods as their own.
Essentially, because you have not ordered the goods, they could be viewed as unsolicited goods, which is where the changes to the above statement become relevant. The Department Business Enterprise and Regulatory Reform (BERR) states that under the Unsolicited Goods and Services Act 1971, (as amended) it is an offence to demand payment for goods known to be unsolicited”. This basically means that if you have received items without previously requesting them, you cannot be billed for the items. You did not choose to enter into a contract with the seller to receive or pay for this item. Because you had actually ordered goods from the company and they sent you extra items in error, you have a duty to return them as they're not strictly unsolicited
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As the receiver, you have no obligation to pay for the return costs of the goods if they are unwanted. If the company does demand payment for return costs, report them to your local Trading Standards Department.
Inform the company of the mistake, and wait to hear back from them. They should send you details of how to return the item with minimal inconvenience and no cost.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
I ordered a camera but, the parcel was lost and the company reordered me another one accepting all the mistake was on the parcel company. after a few days a parcel arrived at the collection. i went and collected it thinking it was something else. it turns out it was the lost parcel. Now i have 2 camera what do i do now ?
Thanks so much
Will
So because he said that am i entitled to sell it now? I don't want to sell it to then be asked to return it when i no longer have it. Where do i stand with it? It's been sat in it's box under my bed for about a month now and i've heard nothing.
I originally attempted to purchase a desk and pedestal in a certain colour, however the company emailed me asking me to contact them as the desk and pedestal I wanted was not in stock in the colour I wanted. I called the company and I agreed to order another desk and pedestal in another colour, I paid for these items over the phone and received them with no problems i was informed the original order was cancelled this was approx 3 months ago.
They then sent the original desk approx 6-8 weeks ago, I have tried to call them at least two to three times a week asking them to arrange collection of the desk that should not have been sent. These attempts at telephoning them have been useless as no-one answers the phone. I have also emailed them weekly asking for someone to contact me in regards to returning the desk, again no one has answered any of my emails. I then received an invoice for the unwanted desk, so called them hoping to arrange collection, they answered straight away ( guess they thought they were going to get some money )I informed them of the situation but I was informed I needed to speak to another dept, I was giving a number and tried to call them, again no answer. I have had this desk, still in its wrapping sat in my dining room for approx 6 weeks now. What can I do if I cannot speak to anyone either via phone or email. What are my rights in regards to this.
3 months later they are still in the box and starting to get in the way. Can I keep them?? Thank yiu
According to UK law how long do I need to wait until I can get rid of it? (sell it, dump it, whatever)
A big thanks to anyone who can help! Best regards, Peter
Since then the mattress ordered from the second company arrived and was perfect.
The first company also tried to deliver but delivery was refused.
We still have the original (wrong size) mattress, last week we received an email from a courier saying they would collect it on Thrusday, they didn’t turn up. I emailed the courier on Friday and they answered there was a problem at their depot and it would be collected on Monday, once again they didn’t turn up.
How long do I have to keep storing the wrong mattress before I can dispose of it in some way?
A few weeks after on 1st May I received a random text saying we can deliver your chair on Thursday. No name or details of company etc were included so ignored it thinking it was sent to the wrong number or the delivery wouldn't go ahead as I haven't confirmed to deliver anything.
On the Thursday evening there was a knock at the door and the man we spoke to at the garden show had delivered the item to the front of the house.
I explained that I didn't confirm a delivery with him and he said he had text to say he can deliver and I explained that I never confirmed delivery and didn't have payment on me for the goods.
He said not to worry and just call the office to make payment.
We are now 6 weeks on and I cannot get hold of anyone at the company to make payment. I have left quite a few messages for them to contact me but nothing.
What should I do.?
A month later I emailed to say "where is it".
Sorry out of stock. Will take off the website and will issue a refund. A week later no refund.
I phoned "oh sorry" we will issue a refund today and send compensation.
Refund arrived and a "Granny style" book, sold by them as compenstaion (no relevance whatsoever).
Meanwhile the jug is STILL advertised on their website. Is this legal?
Thanms
The thing is, I have then received both parcels within a week. As I have not paid for the item, being a replacement, and being still very angry for the wait, I do not feel correct that I should be the one alerting the company that I received both parcels . Also they have not mentioned that I should tell them if I receive also the first delivery, so I would like to understand if this can be a case where I am entitled to keep both items, as compensation for the stress, or if there is a limit of time for the company to claim one of the parcels back, given that they ever go and see from the tracking page if an item were delivered or not.
Thank you in advance for your answer.
Am I legally required to send it back?
Thanks
In November I received at item ordered which turned out faulty. I returned it and a replacement was sent to me. I ten received a second replacement. I have contacted the company with no response, where do I stand and why should I do??
Cheers
I have received my order but have the following issues:
The size M ladies jacket arrived first and was a little too big - it also has a price tag saying g £19.50 on it, making me wonder if I was going to be over charged in the first place.
When the size L jacket arrived with the hoody it was exactly the same size as the medium jacket- leaving me wondering if the medium was faulty and if it had been correctly sized would it have been a better fit. The two are identical in every way except the size on the inside label is different. I find this disappointing and it makes me question the quality and reliability of your products and sizing.
I have also received an additional parcel which I am going to be honest enough to declare (many people would just keep it and not say anything) - it contains a second red hoody and an additional light blue zip up one in the same size.
I look forward to your response as to what action should be taken.
I have since returned all 3 ordered items but still have the 2 additional items. Should I try to contact the company again? Am I entitled to keep these items?
Many thanks in advance.
I've googled reviews of said site of which numerous complaints are being made as they are irngoing other customers who either haven't received ordered or who have recieved the wrong order like myself.
How do I get a refund if I can't get in touch with the company? I was also wondering Is this classed as unsolicited goods? The wine was bough specifically for a party and I'm now only left with this wine and I was wondering whether they can legally charge me and or ask for me to return said wine?
Thank you!
a week passed and i got sent a tracking number for the items i'd attempted to purchase, I called up my bank to double check the payment wasn't pending and they said no, we declined the payment as it looked fraudulent and we wont be allowing this merchant to take money.
Today, my goods arrived but i still have not been charged nor heard from the company. But the goods that have arrived are also missing 1 item ( i ordered 3 laptops but only received 2)
Where do i stand on this and what can i do?
I ordered two rugs from Asda, one was delivered but the other was apparently not on the delivery van. I rang Asda and they contacted the courier and advised it was lost so they dispatched another.
Later the same day the original rug got delivered to a neighbour. We then also received the second rug but again delivered to a neighbour (so I couldn’t reject it)
I’ve contacted Asda to arrange collection and they advise they can only collect midweek and only give a 8-6pm slot.
I am at work all week so have advised I would need weekend collection, which they’ve said they don’t do. I also don’t have an Asda within several miles.
Is it reasonable to expect them to arrange weekend collection? What are my rights?
Many thanks
I recently ordered some trainers from New Balance which came the following week. I have ran in them and very much intend to keep on using them!
However, I have since received a duplicate order that I have not paid for or requested in anyway. I am happy to get in touch with them for them to pick it up but since I work 6 days a week is there a timeframe I'm allowed to enforce? i.e. As a customer we have "30 days" to return goods - is there something similar from my end?
Thanks.
Quick question, we have recently bought a new TV which had a minor fault, we reported and was given a replacement. However due to issues regarding delivery we now have two TVs. We have contacted Tescos to arrange another pick up but hear nothing in reply. It's been 3 months can we now accept this TV as part of our home?
I ordered (and paid for) the second edition of an item from a website but received version one of it.
After contacting the company they sent out the correct version and said the first would be picked up for return.
They did deliver the correct version but nobody came to pick up the original item. I told the company and they arranged for another pickup for return on another day. Again, nobody came.
It's becoming increasingly inconvenient to wait around for someone to pick up the parcel and I've already spend two whole days aimlessly sitting around at home to no avail.
There's nothing in their terms and conditions about this kind of thing happening - Do I have to keep waiting around for failed pick-ups or can I just get on with my life?
I'm almost spending as much time looking for an answer as I am waiting for the item to be picked up, please help!
Matt :)
I purchased a gas hon online and had it fitted by a Gas hob online and had it fitted by a Gas Safe engineer. On completion he found the one burner was faulty. The company say they will only payoff return postage. This means I will need to re-engage this fitter to reinstall then to reinstall the unit on its return. My question is should I be about 100 pounds out of pocket through no fault on my behalf?
Would appreciate any advice.
Regards,
Ron
Regards
David
I received a confirmation e-mail for the order even though I did not actually place it. No payment has been taken. If the package arrives, am I obliged to pay for it? The company has not contacted me regarding the order yet, aside from the automated order confirmation. If the package arrives, is it considered to be unsolicited goods and can I keep it, or am I legally obliged to pay for it or return it?
I did not receive a thank you for my honesty. Customer service were rude to me and upon putting the phone down said that they loved me.
I reported this and it was handled inappropriately breaching my confidentiality. I did not receive an apology that summed up why it was wrong the apology stated a technical error and that it was a misunderstanding.
IT WAS NOT A MISUNDERSTANDING - When I called A*****n I was on speaker phone and three other members of my family witnessed this call.
The last e-mail prior to pick up was sent to me this evening (less than 24 hours before pick up). The hard drives are being picked up tomorrow and only now have I been asked to print return labels when I don't have access to a printer nor will I have time tomorrow to get anything printed.
Update - day of collection:
The hard drives weren't collected. After everything that I have done for A*****n...am I legally obliged to let them know that there items weren't collected. I have informed them of there mistake already I now see it as there responsibility to contact me.
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