Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

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Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1

    Cool Unsolicited Goods - Guitar

    A company with whom I hold an account and have made purchases from in the past have sent me a guitar I didnt order.

    The guitar was added to my account with a price of 0.00.
    The guitar duly arrived Addressed to me at my address, it came with an invoice that listed the guitar and a price of 0.00.

    2 weeks pass and the company have now emailed asking for the guitar back.

    Im fairly certain that although they may have made an error, I am covered by the unsolicited goods act and am under no legal obligation to return it.

    Can anyone help me clarify this ?


  2. #2
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    Default Re: Unsolicited Goods - Guitar

    I'm fairly certain that because they have made an error and because you are aware of it, that you are not covered by the unsolicited goods act or other related legislation.

    I'm not in a position to look up the detail of the moment that I would say that you are not only under a duty to return it, but also until you do you are under a duty to take reasonable care of it.

    The sender of it would be required to make arrangements to collect it or to refund you any costs of returning it to them.

    What's the value?


  3. #3

    Default Re: Unsolicited Goods - Guitar

    Quote Originally Posted by Ibanez1070 View Post
    A company with whom I hold an account and have made purchases from in the past have sent me a guitar I didnt order.

    The guitar was added to my account with a price of 0.00.
    The guitar duly arrived Addressed to me at my address, it came with an invoice that listed the guitar and a price of 0.00.

    2 weeks pass and the company have now emailed asking for the guitar back.

    Im fairly certain that although they may have made an error, I am covered by the unsolicited goods act and am under no legal obligation to return it.

    Can anyone help me clarify this ?
    Firstly, did you contact them pointing out their error, and offering to return the goods (at their cost). If so: they are yours provided they didn't ask for them back within 2 weeks of that letter.

    If not, then it will depend on if a court would decide these were truly unsolicited / sent as a marketing gimmick or s*c*a*m (where they will be yours), or if it was a genuine error by the company (who you have had previous business dealings with) where they can require them back, or for you to pay.

    I suspect that legally (as well as morally!) the latter applies. Do the right thing, though you shouldn't be out of pocket for returning it, it should be at their cost and by a suitably insured method.

    https://consumerarbitration.co.uk/20...s-your-rights/

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  4. #4

    Default Re: Unsolicited Goods - Guitar

    Thanks for your reply and input.
    It may well fall outside the scope of the unsolicited goods act. (which can be quite a grey area)
    That does not mean I have a legal obligation to return the item or that this situation is not covered "by any other related legislation".
    It was not misdelivered, it was sent in my name with a covering invoice.

    The value is irrelevant at this point as it is supplied to me with an invoice stating its value is 0.00.
    The invoice I possess and the entire electronic audit trail show that the goods were sent to me at 0.00 cost, ergo I am currently in legal possesion of the item in my understanding.

    Be happy to hear your further thoughts.


  5. #5

    Default Re: Unsolicited Goods - Guitar

    Thank you kindly.

    Morally im not interested in doing the right thing with regards to commerce and legally I have a bill of sale so I would "suspect" that they dont have a leg to stand on.


  6. #6

    Default Re: Unsolicited Goods - Guitar

    You've had 2 replies explaining why you can't just keep it. You haven't explained why you believe they are wrong.

    It seems that you aren't actually after advice, but only validation of your (incorrect views). Legally, you are wrong. The fact that you are also morally wrong, and aren't interested in 'doing the right thing' either: I hope they sue you, and win. Good luck.


  7. #7

    Default Re: Unsolicited Goods - Guitar

    Thread moved to the appropriate forum....Online Stores...please continue to post here to your thread.

    Regards

    Andy


  8. #8

    Default Re: Unsolicited Goods - Guitar

    Quote Originally Posted by Ibanez1070 View Post
    Thank you kindly.

    Morally im not interested in doing the right thing with regards to commerce and legally I have a bill of sale so I would "suspect" that they dont have a leg to stand on.
    Youre wrong. Totally, and if the company wanted to chase it up, theyd be quite right to go for legal action to recover it.

    I dont think theres anything more to say as you have been given the correct advice regarding the law, but y ou want to completely ignore it. The law says that if the company is aware of their mistake and notify then they can recover. Youre just choosing to ignore that hoping for a free item.

    Whatever you choose to do, good luck. Youll need it.


  9. #9

    Default Re: Unsolicited Goods - Guitar

    Just because the invoice says zero charge does not mean the item has zero value. You have had previously dealings with the company so they are classed as goods sent in error, not unsolicited goods
    It may be a replacement for someone else and by human error sent to.you.
    Send it back, at their expense.
    Stop looking for a freebie.

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  10. #10

    Default Re: Unsolicited Goods - Guitar

    they were sent by mistake and you were a previous customer so NOT unsolicited goods.
    Nothing to do with morals, it isnt yours and you must make it availbale for them to collect. they have a year to sort this out, not a fortnight.
    a bill of sale merely includes the details of the transaction and it is correct, you havent paid for it and that is not the same as saying that it is of no value nor that monies are not expected. I suspect what you have been sent is actually an advice note or packing note and these are not part of the contractual terms. That makes it even harder to claim that the item is unsolicited.


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