Plan to steal 2 mobile phones by CAG user

[iwgunter]

I have an O2 contract and my mum and dad both have O2 PAYG phones and we all live at the same address.

 

Yesterday I got home to find 2 parcels addressed to my dad each with a brand new Sony-Ericsson W880i in it. 1 in black and 1 in silver.

 

My dad presumed they were for me and so left them on the side. I had a look through and it shows that a contract has been opened on them.

 

Neither was sent recorded, both arrived under Standard First Class Royal Mail.

 

Has anyone else experienced O2 sending phones out to people like this?

 

My mum and dad are adamant that they haven't taken out any contracts on phones. I don't want to phone O2 and ask them as that would mean that if they were sent by mistake, they'll know we have them

 

Ian

[ScarletPimpernel]

Are you sure they are from O2, and not some sort of intermediary? A phone company kept making unsolicited calls to my mobile. They knew my name and that my contract (which was with O2) was shortly due to expire. I told them every time that I was not interested.

 

I live in military accommodation, but also own a house (though I'm rarely there). Going to the house for a weekend, I found a courier's card saying 'parcel for you at the pub'. When I collected it, I found it contained a mobile phone, and paperwork in my name which appeared to be a contract. I noticed, however, that although the parcel came to my house, the address on the contract was my father's! Before buying my house, I used my father's address for all credit-related stuff; he confirmed that he hadn't ordered a phone.

 

I contacted the company, who claimed that I must have ordered the phone. I asserted that I had not, not least because it was a Nokia, and since I dislike them I wouldn't have ordered one. They could not explain the address anomaly, then claimed they couldn't discuss it 'for data protection reasons'. Ultimately they demanded I send the phone back, or they would seek full payment. They refused to send a prepaid package until I told them I'd keep the phone as unsolicited goods.

 

 

Here's the detail from DTI's website:

 

Under the Unsolicited Goods and Services Act 1971, (as amended) it is an offence to demand payment for goods known to be unsolicited, in other words, they were sent to a person without any prior request made by them or on their behalf.

Someone who receives goods in these circumstances may retain them as an unconditional gift, and does not have to pay for or return any unwanted goods. Anyone who receives a demand for payment for unsolicited goods should report the matter to their local Trading Standards Department.

[iwgunter]

Cheers for that.

 

In that case, I'll be selling a black Sony-Ericsson W880i brand new in unbroken sealed box and giving the silver one to the girlfriend in exchange for a lovely new Nokia

[tim2718281]

Cheers for that.

 

In that case, I'll be selling a black Sony-Ericsson W880i brand new in unbroken sealed box and giving the silver one to the girlfriend in exchange for a lovely new Nokia

 

Last time I checked, the goods do not become yours immediately.

 

If you inform the company the goods have arrived, they ave one month to collect them. If you do not infom them, they have six months.

 

My own view is that if the delivery appears to be part of an inertia-selling [problem], then I would not tell the company. But if it appears to be a simple mistake, I would tell the company, because there may be some customer somewhere having some hassle with the company about non-delivery of the items that have been delivered to me.

 

Tim

 

Tim

[Guest ian cognito]

Also make sure the sim cards are not used as doing so impies a contract, especially if you plan selling one unopened!

[demon_x_slash]

My first thought here was identity fraud. I'd get a copy of your credit report and check your bank statements for any anomalies.

[ScarletPimpernel]

Last time I checked, the goods do not become yours immediately.

 

If you inform the company the goods have arrived, they ave one month to collect them. If you do not infom them, they have six months.

 

 

My understanding is that the above used to be the case; my earlier quote was taken directly from the DTI website.

[tim2718281]

My understanding is that the above used to be the case; my earlier quote was taken directly from the DTI website.

 

Mmmm, interesting:

 

http://www.dti.gov.uk/consumers/buying-selling/unsolicited/index.html

 

"... However, in the case of unsolicited goods received before 1 November 2000, the recipient is required to give notice to the sender to collect them within 30 days, or otherwise to wait for 6 months, before being able to treat the goods as their own property. "

 

That is strongly suggestive that the one-month and six-month periods no longer apply.

 

Astonishing. however, note the phrase "known to be unsolicited":

 

"Under the Unsolicited Goods and Services Act 1971, (as amended) it is an offence to demand payment for goods known to be unsolicited, in other words, they were sent to a person without any prior request made by them or on their behalf."

 

So perhaps if the sender has made a mistake and sent them to the wrong person, the goods are not "known to be unsolicited" and so do not become the property of the recipient.

 

Which leads to the question: if you receive a couple of mobile phones you have not ordered, how can you tell if the sender knows them to be unsolicited?

 

Tim

 

 

 

[Advoc8]

That is strongly suggestive that the one-month and six-month periods no longer apply.

That chunk of the Unsolicited Goods and Services Act was repealed in 2000 by the Consumer Protection (Distance Selling) Regulations. The regulations on inertia selling now apply:

 

24 Inertia Selling

 

(1) Paragraphs (2) and (3) apply if—

(a) unsolicited goods are sent to a person (“the recipient”) with a view to his acquiring them;

(b) the recipient has no reasonable cause to believe that they were sent with a view to their being acquired for the purposes of a business; and

© the recipient has neither agreed to acquire nor agreed to return them.

 

 

 

(2) The recipient may, as between himself and the sender, use, deal with or dispose of the goods as if they were an unconditional gift to him.

(3) The rights of the sender to the goods are extinguished.

 

In other words the 30 days/ 6 months bit doesn't apply any more.

[iwgunter]

So...

 

I could just say to O2 that I binned then!

 

I gotta remember to double check addresses on things when I send stuff out!

 

Cheers for the info guys

[BankFodder]

What you are proposing here is theft.

 

It is a criminal offence and carries a maximum sentence of 7 years imprisonment.

 

I am afraid that you are visiting the wrong kind of forum for this kind of thing.

 

We deplore this kind of behaviour.

 

You are not welcome here and nor is anyone else who supports you, encourages you in what you are planning to do.

[iwgunter]

Changing the title of a thread, making it sticky and making sure he/she has last word by insinuating that I am currently, or thinking about, breaking the law when it was a simple jokey statement when, according to the DTI, I don't even have to do anything, the phones are mine due to O2's cock up.

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/78366-plan-steal-2-mobile.html

 

I'll see how long this post lasts for. 5 mins?

[bed32]

Lighten up guys - we're all supposed to be on the same side here:)

 

While I can't now post to the original thread I think you are both in error here.

 

On your part I don't think you can necessarily rely on the "unsolicited" nature of the phones as it could equally well be (and probably is) a genuine mistake.

 

On BFs part I really don't see how this could ever be criminal but if you sold them you could be liable to the sender for their value.

 

Just send them a letter asking them to pick them up

[BankFodder]

Believe me, if respect of the proposed course of action - we are not on the same side.

 

 

Just to add: - what makes it unacceptable and what makes it dishonest is that you feel that you have to lie to the company in order to acquire the goods