Goods delivered by mistake??

[karlZuk]

I ordered an item from littlewoods by visa card i later cancelled this item but they still sent me the item , i already had a refund for this item....

 

It then happened a second time a month later when i cancelled another item , they refunded my card but still sent the item.

 

Where do i stand on this , could i be done for theft? as i have not returned the goods and i have not been asked for them back but now im worried about it and its stressing me out.

 

I did ask for the item to be cancelled which they did , i also had the refund put back on my visa card which was done...so now i have 2 goods delivered which have not been paid for....is this classed as a criminal offence?

[Conniff]

You should let Littlewoods know that they have been delivered by mistake and then it is up to them to arrange collection.

 

It's obviously an error so I don't think the unsolicited goods regs will come into it.

[MrShed]

There is certainly no criminal offence at all.

 

I actually think that the unsolicited goods regs do come in to it, as when the order is cancelled, it legally acts as if there was no order at all.

 

How long after cancellation did the goods come?

[Conniff]

Why would you thing the unsolicited goods regs would come into it?

 

I can see what your saying, but it could already be on the transport so no real time to call it back.

It's not stuff that has come out of the blue in the hope that you will purchase or with a demand for payment.

[karlZuk]

There is certainly no criminal offence at all.

 

I actually think that the unsolicited goods regs do come in to it, as when the order is cancelled, it legally acts as if there was no order at all.

 

How long after cancellation did the goods come?

 

A month ,l was surprised at first as i thought it was something else i ordered , i totally forgot about the order until it came ,the goods they delivered were £500

[karlZuk]

Why would you thing the unsolicited goods regs would come into it?

 

I can see what your saying, but it could already be on the transport so no real time to call it back.

It's not stuff that has come out of the blue in the hope that you will purchase or with a demand for payment.

 

 

So would it be classed as criminal then , i dont want to be arrested , its happened twice now with them both times i didnt bother to inform them ....nobody has contacted me so far

[Conniff]

Having read the time of delivery after cancellation, I can see that the unsolicited regs might come into it, that is a long time.

[Conniff]

It's certainly NOT criminal and you have done nothing wrong, but in this situation I think you should inform them and that is the end of your responsibility.

[karlZuk]

I think i will thanks , i feel to much guilt about it now , being laying awake thinking about how much trouble i would be in+

[Conniff]

I can't remember the timings off hand, but if they are made aware that they are there and they fail to collect, then you will be able to dispose or sell them after a set time.

You will find that on the web somewhere.

[Conniff]

This is from the government site:

 

 

Unsolicited Items

 

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.

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.

[karlZuk]

See i did request them at first so not sure if the above applies....but i no longer wanted them so i did cancel

 

I think it was a mistake as when they had a sale on they were really busy as had hard time ringing to make an order had to do it on internet so think this is why mistake happened on 2 summer sale items

 

I also did inform them the very next day after i ordered

 

btw thank you for your replies its really helpful and put my mind at ease

[MrShed]

Lets be completely unequivocal about this - there is NO criminal offence, nor will there be regardless of your actions.

 

The only question is whether you become obliged to pay at some point.

 

Personally in this situation, I would stick them in a cupboard for 6 months and forget about them. If they have not re-contacted in 6 months, use em - if they do, instruct them to collect them. I realise this is perhaps not the most "honest" of answers, but as littlewoods are rip off merchants anyway, I think its their own stupid fault that theyve delivered such a long time after cancellation.

[Conniff]

See i did request them at first so not sure if the above applies....but i no longer wanted them so i did cancel

 

I think it was a mistake as when they had a sale on they were really busy as had hard time ringing to make an order had to do it on internet so think this is why mistake happened on 2 summer sale items

 

I also did inform them the very next day after i ordered

 

I think you are right having read the regs.

 

I don't think this will come under the unsolicited goods regs as there was a previous order.

 

I think you need to be careful before assuming that these were unsolicited goods.

 

The definition is " in relation to goods sent to any person, that they are sent without any prior request made by him or on his behalf."

 

There has been a prior request so 'without any' does not apply.

 

As you are going to contact them, I don't think you need to dig any deeper into the regs to find out the exact meaning.

[MrShed]

Also, how much are the goods, and did you sign for the delivery?

[Conniff]

Personally in this situation, I would stick them in a cupboard for 6 months and forget about them. If they have not re-contacted in 6 months, use em - if they do, instruct them to collect them. I realise this is perhaps not the most "honest" of answers, but as littlewoods are rip off merchants anyway, I think its their own stupid fault that theyve delivered such a long time after cancellation.

 

I don't think that is the right way to go, 2 wrongs don't make a right and if they are not classed as unsolicited, then they will always remain the property of Littlewoods.

[karlZuk]

I didnt sign personally but they were signed for , both goods sent come to about £620

 

I most likely will contact them though as im also worried that my visa card will be charged say in a months time when im not expecting it , also i feel guilty ...it would be nice to have them but i guess its wrong and imoral#

 

just wanted to find out really that if i didnt inform them would it be criminal but it seems not

[Weird Al Yankovic]

I ordered an item from littlewoods by visa card i later cancelled this item but they still sent me the item , i already had a refund for this item....

 

It then happened a second time a month later when i cancelled another item , they refunded my card but still sent the item.

 

Where do i stand on this , could i be done for theft? as i have not returned the goods and i have not been asked for them back but now im worried about it and its stressing me out.

 

I did ask for the item to be cancelled which they did , i also had the refund put back on my visa card which was done...so now i have 2 goods delivered which have not been paid for....is this classed as a criminal offence?

 

Yes, it would be a criminal offence, it's theft. You know you have these items without paying for them and you have not sent them back.

 

You ordered goods via Littlewoods, you then cancelled but in the meantime Littlewoods sent the item and refunded your card and you kept the goods.

 

It appears you then did this a second time and no doubt Littlewoods would point this out should they get wise and inform the police.

 

When buying from Littlewoods the T&C's state that you should return the goods in the event of the above, that is where they have asked for their goods back. You are ignoring this.

[karlZuk]

Yes, it would be a criminal offence, it's theft. You know you have these items without paying for them and you have not sent them back.

 

You ordered goods via Littlewoods, you then cancelled but in the meantime Littlewoods sent the item and refunded your card and you kept the goods.

 

It appears you then did this a second time and no doubt Littlewoods would point this out should they get wise and inform the police.

 

When buying from Littlewoods the T&C's state that you should return the goods in the event of the above, that is where they have asked for their goods back. You are ignoring this.

 

they didnt ask for the goods back , i was away when this stuff was delivered i got home to find them in my home ....i opened them to see what they were

 

thanks for scaring me its worked

[MrShed]

I don't think that is the right way to go, 2 wrongs don't make a right and if they are not classed as unsolicited, then they will always remain the property of Littlewoods.

 

I agree legally. But realistically, if they dont realise after 6 months they arent likely to. But yes, I agree that action is possibly not the best way to go.

 

Wholly disagree with Al that it is classed as theft however. At best by his argument, its breach of contract.

 

The Theft Act 1968 Section1 (1) states that a person is guilty of theft if: he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

 

There has been no "dishonest appropriation" here.

[karlZuk]

Im sorry but yes i ashamed to say i was tempted to keep them , but im sure others if they think about it got goods delivered like this would be slighty tempted to keep them no?

 

yes i know its immoral and shameful but i feel i have not broken the law as i did ask them to cancel i even checked my account online on littlewoods and it stated it was cancelled so i wasnt expecting them to turn up like they did

 

now if my home get raided because of this i will feel terible , as i didnt go in a store and just walk away without paying , the company charged me for the goods and then i cancelled they refunded and then they still sent me the goods so for all i know its a gift , no ? lol

Edited June 14, 2008 by karlZuk

[Weird Al Yankovic]

they didnt ask for the goods back , i was away when this stuff was delivered i got home to find them in my home ....i opened them to see what they were

 

thanks for scaring me its worked

 

When you order the goods in this way the T&C's will state to return the goods if you cancel.

 

And I'm not scaring you, you know you ordered goods which you paid then cancelled.

 

You know you still have them. What is it you are asking?

[Weird Al Yankovic]

 

Wholly disagree with Al that it is classed as theft however. At best by his argument, its breach of contract.

 

 

 

There has been no "dishonest appropriation" here.

 

I'm sorry MrShed but I disagree.

 

The OP knows he has goods he has not paid for as he was refunded but is asking if he can keep them!

 

When ordering the goods his account T&C's state he should return in the event of cancelling. He hasn't.

 

If that is not intending to deprive Littlewoods of their property I don't know what is!:grin:

[MrShed]

So? you cannot take PART of the theft definition and apply it to the entire offence.

 

Theres been no dishonest appropriation, therefore no act of theft - end of!

[karlZuk]

Woudnt they have to just sue me for them? not sure if Police would get into as like i said i did pay for them , i did inform them to cancel , is it not littlewoods fault for sending them to me?

 

no worries though as im going to call them and ask them to collect as i really dont want any hassle and i dont want my card to just suddenly get charged , i dont really even need the goods and yes i guess its just greed on my part.

 

Ill probably charge littlewoods £50 for storage fees though LOL

 

btw thank you to everyone who replied , i guess i just needed telling what is the best thing to do and what would you do