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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Paid for one item but got two

cdrsilver

By cdrsilver
in PCWorld

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cdrsilver

cdrsilver

Posted
Posted

Hi guys

 

Today i went to my pc world store to buy some ram for my pc. I told the assistant that i wanted 2gb 1x1gb. so he went off and got me the right stuff. I paid then went home. When i got home i realise that he had given me two boxes of the same stuff but there was a white tag which was wrapped around the two boxes holding them together. The item was £60. What should i do?

 

thanks

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RufusA

RufusA

Posted
Posted
What should i do?

 

I think you already know the answer to that one.

 

Legally it is very shaky ground and you could argue in both directions as to whether the "invitation to tender" was for the package, or for the verbal description of the contents of the package. I would suspect that both you and the shop had tendered on a stick of ram, and the other item of memory was taken in error.

 

If you are unclear on the legalities what would the position be if you took the item home and discovered the package empty?

 

Morally you should contact the shop and infrom them of the error, and give them the opportunity to remedy it. They could collect the memory, or provide a means for you to return it which doesn't cost you anything.

 

In reality if you kept quiet about it, then you could probably just keep it without anyone noticing. If you were cheeky you could return one of the sticks with a receipt and get a full refund. However both these options would open you to legal action by the shop, and as you have posted the information on a public forum I assume you don't want to keep quiet about it!

 

I'm not really sure what you were hoping for?

 

HTH - Rufus.

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cdrsilver

cdrsilver

Posted
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Posted

Thanks for your reply. I want to keep it just thinking whether they will be able to find out that it was me they gave the extra box too.

 

I can see why I was given two boxes by mistake tho as on the front it says 1gb x 2 and as there was 2 boxes sealed together thats what i was given.

 

Thanks again

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cdrsilver

cdrsilver

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Well maybe it was buy one get one free then seeing as the dude held it in his hand for like 5 mins then spent about 5 mins trying to put it through the till. So i havent intend to steal anything

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gyzmo

gyzmo

Posted
Posted

I think if the situation was reversed - they had charged for two items when one was purchased, there would be a right furore. I cannot say that there was even a contract. The moral, as well as the law, is to return the item.

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barracad

barracad

Posted
Posted

You need to return the item. You already know the answers to the questions which you are asking, so it is pointless trying to seek justification on here for your theft.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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cdrsilver

cdrsilver

Posted
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Ok i just dont see how i can be the same as someone who intentionaly walks into a shop and steals something. When i went there with the intention of buying the product and they made a miatake which i havent realised until later on

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gyzmo

gyzmo

Posted
Posted

1. it shouldn't be stolen in the first place

2. the deprived should not have to ask for it back - common decency requires that you hand it back anyway.

 

As to the last one - if they are not aware of the mistake then they cannot ask for it since they do not know that the situation has arisen. That is the difference of your argument to being charged twice - you know you have been charged and will ask for the refund. If the shop knew of this they would undoubtedly ask for its return.

 

You haven't intentionally gone in to steal, but you know you have something that you ought not to.

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heidi83

heidi83

Posted
Posted

It's a bit different when the shoe is on the other foot though - Morrisons recently did me out of £20 on a bungled cashback transaction which I only found out about by viewing a statement and could I hell get my money back of them as "it was my mistake for not checking the till receipt amount before leaving the store" this was despite me having an option of them phoning my bank and having a switch reference number for them to phone at the store - they said I would have to write to head to claim etc etc etc.

 

In short I'll never get my money back unless a go through a long drawn out process - So in light of this I suggest to Cdrsilver that he keeps the item of a set period without using it and wait for them to contact him - it was their mistake, why should he do all the leg work?

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barracad

barracad

Posted
Posted
Ok i just dont see how i can be the same as someone who intentionaly walks into a shop and steals something. When i went there with the intention of buying the product and they made a miatake which i havent realised until later on

 

It's clearly not the same thing, I don't think anybody thinks that you obtained the item dishonestly.

 

However, now you are aware of the mistake, if you intend to keep the item then that would be theft.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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gyzmo

gyzmo

Posted
Posted

And, oh I'm sorry but that has annoyed me if it wasn't said in jest.

 

Honesty is something that should be expected and not done for reward. Can I have a tenner if I don't smash your face in / rob your house / mug your granny? The principle is exactly the same. I have found several wallets / purses (full of money) in my life but I have always contacted the owner where poss or handed it in to the police. If I'm given too much change in a shop I hand it back. Not saying I'm a saint - but there is a reason why people think society is horrible nowadays, and that last remark is a good examle of why.

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cdrsilver

cdrsilver

Posted
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Yea but thats abit differnt, if its someone wallet then fairenough thats theirs, But this item was given to me by a money grabbing shop. I agree with heidi if it was your money the shop wouldnt be so fast to give it back to you.

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heidi83

heidi83

Posted
Posted
Yea but thats abit differnt, if its someone wallet then fairenough thats theirs, But this item was given to me by a money grabbing shop. I agree with heidi if it was your money the shop wouldnt be so fast to give it back to you.

 

 

 

Exactly - you would have a murderous time trying to get your money back and they certainly wouldn't go out of their way to help you or alert you so why should you?

 

When they do a stock check the mistake will be realised and they can contact you - until then do nothing, just don't use it.

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cdrsilver

cdrsilver

Posted
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Exactly - you would have a murderous time trying to get your money back and they certainly wouldn't go out of their way to help you or alert you so why should you?

 

When they do a stock check the mistake will be realised and they can contact you - until then do nothing, just don't use it.

 

Ok thanks, Im sure they wont even realise they gave it to me, as they stored it out back as its not a popular product. I dnot see how i should run around for them when they have made a mistake when they wouldnt do the same for me.

 

Thanks again!

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heidi83

heidi83

Posted
Posted
Ok thanks, Im sure they wont even realise they gave it to me, as they stored it out back as its not a popular product. I dnot see how i should run around for them when they have made a mistake when they wouldnt do the same for me.

 

Thanks again!

 

Yup - but if they do realise it then just hand it back.

TBH I bet if you phoned the store right now they probably wouldn't be interested in you telling them the mistake.

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patdavies

patdavies

Posted
Posted

I would calm everybody down for a moment.

 

Before taking it back and before people start ranting about theft, I would install it into your PC and try it.

 

You originally asked for 2 Gbytes of RAM; the packaging shows 1 x 1 Gbyte. You may well have 2 x 1 Gbyte RAM 'sticks' to make up your 2 Gbyte requirement. This may be correct, your PC motherboard may not be able to handle individual RAM 'sticks' greater than 1 Gbyte.

 

If you install both and it shows as an extra 2 Gbyte; then all well and good - that is the end of it.

 

Of it shows an extra 4 Gbyte, then you need to remove one and return it to PC World the next time you are in the area.

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