Returned Goods

[wilb]

Hi

I hope someone here can help with a problem I am having with the london mint.

I sent for a Free coin from them when it arrived there was a second coin with an invoice for 32 pounds. As I didnt order it I phoned the company and told them I didnt want it and they sent me a return label with instructions on how to return the item which I did along with the free coin.

This was months ago yesterday I got a final demand for payment even though I returned it I phoned again and they said unless I had proof of posting I would still be liable. As it was so long ago I no longer have proof Where can I go from here.

thanks in advance for any help on this.

[Conniff]

Do you want the good news or the good news:

 

Unsolicited Goods and Services Act 1971

 

 

The Unsolicited Goods and Services Act 1971 makes it an offence for a company to send you goods you have not ordered. The legislation is intended to discourage companies from sending customers unordered goods in the hope that they will be induced by lethargy or ignorance to pay for them. Companies who send out unordered goods in this way do so at great risk since once you receive the goods you do not have to pay for them and they are yours to keep.

 

So it's yours to keep, shame you returned it.

 

 

 

 

• 
  (1) A person who, not having reasonable cause to believe there is a right to payment, in the course of any trade or business makes a demand for payment, or asserts a present or prospective right to payment, for what he knows are unsolicited goods sent after the commencement of this Act to another person with a view to his acquiring them for the purposes of his trade or business, shall be guilty of an offence and on summary conviction shall be liable to a fine not exceeding level 4 on the standard scale,
  
• 
   
   
   
  (2) A person who, not having reasonable cause to believe there is a right to payment, in the course of any trade or business and with a view to obtaining any payment for what he knows are unsolicited goods sent as aforesaid:
  
  • 
    (a) threatens to bring any legal proceedings; or
    (b) places or causes to be placed the name of any person on a list of defaulters or debtors or threatens to do so; or
    
  • © invokes or causes to be invoked any other collection procedure or threatens to do so, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
     
    

 

You should send them the above in a recorded delivery letter.

Edited October 15, 2009 by Conniff

[blitz]

Send them a letter with the above quoted, that the item was received and they will not receive any further communication or payment from yourself. Then chuck all further letters you receive into a drawer. The likelihood of it going further is slim to none.

[wilb]

Thanks to replies so far.

This is the Email I responded to is this still classed as unsolicted goods.

Exclusive offer for registrants for the Quest for the Undated 20p: The National Emblem Britannia Penny

YOURS FREE - a £39.95 value. You only pay £2.50 P&P

EVENT: It has been announced that our circulating currency designs have changed. From 2009 Britannia is being removed from the 50p.

GENUINE COIN: The Britannia Penny, last minted in 1967 - this coin is over forty years old.

HIGH SPECIFICATION: Intended as a collectors’ item this genuine penny is layered with pure gold and the main design motif is accented in Rhodium-Platinum, the world's most valuable precious metal.

 

 

The Britannia Penny can be yours FREE:

All you pay is £2.50 postage and packing.

To apply now, simply press the button below.

Apply Now

 

GUARANTEE OF OFFER DETAILS

1: You may apply now to secure the National Emblem Britannia Penny, free of charge, you pay just £2.50 P&P.

2: Limit one coin per household - UK mainland households only.

3: Applications should be made within seven days.

4: Successful applicants will be sent further coins in the Changing Face of British Coinage National Emblems Edition, a collection of our coinage that is no longer being struck, and along with the National Emblems Britannia Penny successful applicants will be sent the next coin, the Portcullis Threepence, at the privileged price of just £39.95 (saving a further £2.95 on the postage and packing) to view on approval. It too will be layered with pure 24 carat gold and have its design details accented in rhodium-platinum.

5: Future coins will be sent entirely on approval and without obligation at approximately monthly intervals and can be cancelled at any time.

6: This offer is only open to UK mainland households and all applicants must be 18 years of age or over.

[blitz]

It changes the outcome on things after posting the T+C, as the item you did receive (the additional coin) would not be unsolicited as it is mentioned in the agreed upon terms.

 

Do you remember what the return instructions stated? Did they ask for proof of postage?

[wilb]

It said to obtain proof of postage but my other half threw it away because it was months ago now dont know if I should just pay it or ignore and hope they go away

[Conniff]

I'm afraid it does change the whole thing as you said in your original post

I sent for a Free coin from them when it arrived there was a second coin with an invoice for 32 pounds.

 

Which reads that the second coin was unexpected where it clearly states that this coin would be sent with the free one. I fear you have no choice but satisfy the invoice unless you can come up with proof that you did in fact return it.