Goods delivered in error

Charlie77

I ordered something online and was promised two day delivery. A week later nothing arrived. I complained and was told I couldn't cancel the order but could return the stuff after it was delivered and get a refund.
Two weeks after I placed my order nothing arrived. I rang their customer services again and was given the same bull about not being able to cancel the order. I then emailed them and got the same story.
Three weeks later nothing had arrived.
So I took to Facebook and aired my opinions on their page. I received a reply the next day telling me I'd get a refund. My credit card was credited with a full refund two days later. Nice one.
32 days after placing my order and 7 days after my refund, a parcel is delivered to my delivery address. I didn't sign for it as I was not there. It was the stuff I ordered.
What happens now? My contract with the supplier was technically terminated as I had received a refund. Can they look for payment? If they don't can I keep the stuff?

ZENER

I suspect you already know the answer to that The goods belong to the supplier so you should arrange for them to be returned or collected by the supplier.

Ken

Charlie77

Morally, yes I should contact them but after all the messing around from them. All I got from them was the computer says no and a mantra about their terms and conditions saying they were not responsible for late deliveries. They hadn't even dispatched the goods!! But they where able to offer a full refund after my opinions were aired on a public forum.
I'll wait for them to contact me. I was wondering what the legal stance is? When do goods become abandoned?

TheDriver

tell them they are available for collection for the next 2 weeks??

tatli_lokma

Tell them that they can come and collect the goods or you will return them at their expense (but wait 32 days to send them back! )

TheDriver

tatli_lokma wrote: »

Tell them that they can come and collect the goods or you will return them at their expense (but wait 32 days to send them back! )

with the way they treated you initially, I wouldn't return them at your expense initially and except refund unless they send you a return prepaid label....

Charlie77

I have no contract with them. The stuff just arrived. I don't see that there should be an onus on me to tell them.

I wouldn't ignore this. Contact them by email, requesting a prepaid return sticker. If you get no reply in 2 weeks, email again saying that if they don't make arrangements to collect goods, that you will donate them to a local charity. Save all emails, printed off with dates showing.

Charlie77

What could happen if I ignore it? Goods are safely put away and will remained unused. I didn't do anything wrong. Is there any legal obligation to do otherwise?

Phoenix3

Simple solution tell them to collect in 3 days or you will dispose of the goods.whether you remember to go to your local dump or not is nobody's business:mad::mad::eek:

Charlie77

That still doesn't answer my question.

foggy_lad

The goods are not "unsolicited" and as such you do have some obligations regarding looking after the goods and informing the company that they are available for colection at your convenience.

Charlie77

Is there any legislation that says this?

wiz569

Regardless of the way it happened,you have received goods you did not pay for,if you keep them its theft

I can understand your point of view and even the temptation but it will probably come back to bite you if you don't return them.

wexie

Look, Charlie, you're obviously angling for someone to come out and say : yes, you are entitled to keep these goods.

Quite frankly I think you're wasting your time. Legally I'm pretty sure they're not yours, morally they're sure as **** not yours.

If you're going to keep them then keep them. I wouldn't be holding my breath for someone to tell you it's the right thing to do though, or that you're in any way doing the right thing.

From where I sit it's theft, plain and simple, the goods aren't yours, you didn't pay for them and you know they aren't yours.
Chances are the only reason you're thinking of keeping them are not, as you say, that you feel mistreated by the company but that you think you can get away with it. As you didn't sign for the goods if the company ever query it you'll have completely deniability. And chances are the company will never query it after such a timeframe and they'll have already written off the loss.

But.....whichever way you look at it, still not the right thing to do.

FWIW : I've been in a similar situation before and let the company know what had happened. Offered them to send the goods back if they paid postage. They came back thanking me for letting them know, told me it wasn't worth their while to pay for shipping and to enjoy my new toys. Having said that, my interactions with the company had been quite pleasant. I suspect you may have had different experiences.

jessiblah

Legally you're required to keep them in a safe place unopened and undamaged for six months. You are not required to pay for the goods. It is up to them to collect the goods and once the six month period is up, you can have them. However if they try to collect the goods and you have used/damaged them then you have to pay for them.

I don't know about this bit, but I'd imagine if they attempt to collect the goods that legally you would have to be co-operative (e.g. If it's been five months and they try to collect them, then you can't keep putting it off until the six month period is up).

Rascasse

Charlie77 wrote: »

Is there any legislation that says this?

I'd imagine this covers it.

The goods aren't yours and your intention to prevent return to their owner is dishonest. Just pick up the phone or send an email with where they can collect.

Charlie77

I'm angling at someone to guide me to consumer legislation regarding this issue. I'm not dodging the bullet. But I'm not going to do anything above what I am required to do legally. Citizens advice web site doesn't seem to cover this.
I know goods are not mine. But if unclaimed when do they become mine? If claimed their stuff is available for collection. Still packaged and unused.
To ring their customer services costs a fortune on my mobile, it's a lottery negotiating their automated system to get to a real person. Why should I tell them they messed up? I couldn't be bothered emailing them. I've done enough of that.

wexie

4.—(1) Subject to section 5 , a person is guilty of theft if he or she dishonestly appropriates property without the consent of its owner and with the intention of depriving its owner of it.

Well then you'd be 'dishonestly appropriating property without the consent of its owner'.

Glad we cleared that up.

pleasant Co.

If I had a bad relationship with a company I wouldn't be inclined to make too much effort in contacting them on this issue, i would send them an email letting them know their items are in my possession and here to be collected at their expense. I definitely wouldn't go through this much trouble in order to not contact them.

smiley_face400

This happened to me before with a magazine I had missed an issue of. Ordered a reprint of the mag but 3 weeks later it hadn't arrived so I called them and they said they'd ship it again but still didn't arrive. About 8 weeks after the original order I contacted them again and received a refund, 3 more weeks later the magazine arrived. I contacted them to let them know and they told me to keep the mag and they wouldn't recharge my credit card as I'd been through so much trouble to get it.

As far as they are aware the goods were lost in transit, never reached you and no body knows where they went to. Morally, you are obliged to tell them, they will probably let you keep the goods due to the hassle but I wouldn't just keep them. If they eventually see that the order was signed for at or near the correct address then you may run into problems. However, this is unlikely as once an order is cancelled it goes off their live system so unless they're looking through cancelled orders for some reason they won't see it. As for any legal procedures/ramifications I'd contact the national consumer agency about it. Good luck

Charlie77

So if something lands on your lap and you know who owns it, you're a thief?

blindsider

Charlie77 wrote: »

I'm angling at someone to guide me to consumer legislation regarding this issue. I'm not dodging the bullet. But I'm not going to do anything above what I am required to do legally. Citizens advice web site doesn't seem to cover this.
I know goods are not mine. But if unclaimed when do they become mine? If claimed their stuff is available for collection. Still packaged and unused.
To ring their customer services costs a fortune on my mobile, it's a lottery negotiating their automated system to get to a real person. Why should I tell them they messed up? I couldn't be bothered emailing them. I've done enough of that.

You'd have an email sent to them in far less time than you've spent posting the query here.

They may have treated you badly, but that doesn't mean you tear up the rulebook.

Send them a 1-line email - it's the right and reasonable thing to do.

Sulla Felix

Charlie77 wrote: »

I have no contract with them. The stuff just arrived. I don't see that there should be an onus on me to tell them.

You don't see why, but that doesn't matter, because there is an onus on you.

smiley_face400

Charlie77 wrote: »

So if something lands on your lap and you know who owns it, you're a thief?

Ridiculous, it's not theft. You paid for the goods and then, as far as you and the company you ordered from knew, they were lost in transit.

You entered into a contract with the company and it wasn't honored so it was cancelled and you got your refund. Then the goods, unbeknownst to either you or the company, were delivered. It sounds more like a case of crossed wires and/or a bad tracking system on their part than anything else but you still shouldn't keep the goods without informing them. Depends on your own conscious really

wexie

Charlie77 wrote: »

So if something lands on your lap and you know who owns it, you're a thief?

No, if something lands in your lap and you know who owns it AND you make no reasonable effort to return it to them, OR at least let them know you have it. That way they can decide if they want them back, OR they can give you their consent to keep the goods.

Charlie77

I've sent this Email sent to their customer care. They'll probably reply telling me to pay for the return post. Well That's my ass covered.

Order number xxxxxxx
Hello,
This delivery arrived yesterday. I don't want these goods. Please arrange at
my convenience and at your expense collection of same.
Kind Regards,
Charlie

wexie

Charlie77 wrote: »

I've sent this Email sent to their customer care. They'll probably reply telling me to pay for the return post. Well That's my ass covered.

Order number xxxxxxx
Hello,
This delivery arrived yesterday. I don't want these goods. Please arrange at
my convenience and at your expense collection of same.
Kind Regards,
Charlie

Good man. Depending on what it is they may well come back to say it's not worth their while. (They should really also have a chat with their shipping partner as that's really who should be out of pocket on this)

On a sidenote, do keep an eye on your credit card statement for a bit, they could decide to be cheeky buggers and charge you again as you've now received the goods.

TheDriver

not great email to be honest, sounds like you ordered and have a change of mind (before they look up the system and see it was cancelled?). anyways, sit and wait and keep that email

Louche Lad

Charlie77 wrote: »

I've sent this Email sent to their customer care. They'll probably reply telling me to pay for the return post. Well That's my ass covered.

Order number xxxxxxx
Hello,
This delivery arrived yesterday. I don't want these goods. Please arrange at
my convenience and at your expense collection of same.
Kind Regards,
Charlie

Yep, that's the way to do it. If they don't respond in 2 weeks, email again saying if you don't hear from them you'll dispose of the goods as you see fit. If still no response after another 2 weeks, bin them/sell them/keep them (or give to charity to keep the moral high ground).

(NB:IANAL)

kc90

Charlie77 wrote: »

I have no contract with them. The stuff just arrived. I don't see that there should be an onus on me to tell them.

Google unsolicited goods and you'll find out all you need to know about this. You don't need to return them but you should contact the sender and let them know they're available for collection.

Louche Lad wrote: »

Yep, that's the way to do it. If they don't respond in 2 weeks, email again saying if you don't hear from them you'll dispose of the goods as you see fit. If still no response after another 2 weeks, bin them/sell them/keep them (or give to charity to keep the moral high ground).

(NB:IANAL)

Don't do this. There's a 6 months period for collection here.

smiley_face400

Google unsolicited goods and you'll find out all you need to know about this. You don't need to return them but you should contact the sender and let them know they're available for collection.

They're not unsolicited goods, they were ordered but, due to a delay in delivery, then cancelled. This does not make them unsolicited as the op had originally ordered them and the company he ordered from obviously did not know where they'd gotten to. It's not like they sent them out after the order was cancelled

dudara

Unsolicited goods are different. That's the kind of case where companies send you products (i.e. books, coins) without you ordering them.

In this case, the OP did order the goods, and they were dispatched from the seller. In between the dispatch and eventual delivery, the order was cancelled and refunded. The company does own the goods and they should get their property back. However, it should be done in a way that is convenient to you. I've heard of many stories like this, where the company simply tells the person to keep the goods, as it is not economic to arrange a return.

It's all about karma ultimately Do the right thing.

Charlie77

smiley_face400 wrote: »

They're not unsolicited goods, they were ordered but, due to a delay in delivery, then cancelled. This does not make them unsolicited as the op had originally ordered them and the company he ordered from obviously did not know where they'd gotten to. It's not like they sent them out after the order was cancelled

The order actually was sent out after it was cancelled. I got an email the day before I got the order saying they were dispatching my order that day and I will have it the next day.

JustAddWater

Charlie77 wrote: »

a parcel is delivered to my delivery address. I didn't sign for it as I was not there. It was the stuff I ordered.

Are they with you or or they with the courier in a depot?

If the courier has them, just dont accept them. They'll go back

Pkiernan

I bet you're going to see you card re-charged for the cost of the goods pretty soon.

Charlie77

Pkiernan wrote: »

I bet you're going to see you card re-charged for the cost of the goods pretty soon.

I don't think so. Credit card was prepay visa and what was on it is now spent.

Shelflife

It will be interesting to see what address was actually on the parcel if the op gets the original parcel delivered to them.

Charlie77

Shelflife wrote: »

It will be interesting to see what address was actually on the parcel if the op gets the original parcel delivered to them.

????

tatli_lokma

Shelflife wrote: »

It will be interesting to see what address was actually on the parcel if the op gets the original parcel delivered to them.

OP *did* get the parcel. That's the whole point of the thread!

Charlie77

Charlie77 wrote: »

I've sent this Email sent to their customer care. They'll probably reply telling me to pay for the return post. Well That's my ass covered.

Order number xxxxxxx
Hello,
This delivery arrived yesterday. I don't want these goods. Please arrange at
my convenience and at your expense collection of same.
Kind Regards,
Charlie

Supplier has emailed me back.
If I wish to return the goods I can post them back using their free post but they recommend I use registered post. No mention of paying for it.

Shelflife

Charlie77 wrote: »

????

tatli_lokma wrote: »

OP *did* get the parcel. That's the whole point of the thread!

Wrong thread, sorry .:o

wexie

Charlie77 wrote: »

Supplier has emailed me back.
If I wish to return the goods I can post them back using their free post but they recommend I use registered post. No mention of paying for it.

So does that mean if you don't 'wish' to return them you can keep them?
Or will they then charge you? Or did it not specify?

dudara

Charlie77 wrote: »

Supplier has emailed me back.
If I wish to return the goods I can post them back using their free post but they recommend I use registered post. No mention of paying for it.

I would reply with something like the following: I am happy to return the goods via your free post, if you will accept the risks therein. I will provide a proof of postage that the goods have been dispatched, but will bear no further liability for the goods. Please indicate if this is agreeable.

runawaybishop

dudara wrote: »

I would reply with something like the following: I am happy to return the goods via your free post, if you will accept the risks therein. I will provide a proof of postage that the goods have been dispatched, but will bear no further liability for the goods. Please indicate if this is agreeable.

Can he not insist they be collected by a courier, as that's how they were delivered?

dudara

runawaybishop wrote: »

Can he not insist they be collected by a courier, as that's how they were delivered?

He could of course do that, but how awkward do you want be? Sometimes, it's easier to give a little and meet them halfway.

Charlie77

They could meet me half way by picking up the phone and ringing me. I replied to their last email saying the order was cancelled and they still sent the order. Told them they should arrange collection of their stuff. Their reply was to post it back.
I'm not taking an hour off work to queue at the post office to send it back.

Jarren

Get that collected from your workplace then

http://www.parcel2go.com/

Charlie77

And who'll pay for the courier? I'm not.

Jarren

Not you , inform the company in question that the goods can be picked up from your workplace but they'll be paying for shipping .

Charlie77

Jarren wrote: »

Not you , inform the company in question that the goods can be picked up from your workplace but they'll be paying for shipping .

Specsavers