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alyousha

wrong order and more valuable made in error by them, unsolicited gift?

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Hi, thank you in advance for your advice, I will try to make my question concise and clear.

 

made an order by telephone and paid for it with my debt card from a uk retailer which has stores nation wide.

 

next day i receive a box with a more valuable item. it had my name and address on it and i signed for it.

 

no communications were made for 2 weeks by either me or them then i started receiving a campaign of calls where i was mostly at work and unable to speak.

after a few days of me ignoring the issue the operations manager as he stated calls me from yet another mobile number and left me a voice mail saying if i don't call back by the end of today they will start 7days court proceeding.

 

now I did not ask for that item and i still have not received my original much lesser in value item (im happy to forget it and this issue just to end) but i have used the item they sent then i lend it to someone in the same profession as i am as its a tool for work.

 

I wasn't sure what to make out of the item sent to me but it was hard to resist not using it.

 

I read a lot about this kind of issue and almost all forums says i have the right to keep it as its an unsolicited gift but in couple of places it says its not unsolicited gift as its made in error and its still their property (couldn't paste the link but look up wiki, obligations imposed upon the supplier, consumer protection, distannce selling) there is one line where it says wrong delivery is not unsolicited gift) but that's their prospective not mine..

 

I'm really getting stressed about this and did not wish for this upon myself,

and would appreciate an advice, however please advice if you are well informed

with legal backing with my sincere gratitude :) thx.

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Ok, so you ordered item "A" economy item and they sent "B" valuable item.

 

Did you - contact the company and advise the mistake ?

 

If not, why not ?

 

This could have been a genuine error in their packing department or, it could have been a ruse whereby they didnt have the lower priced item and hoped that, having received it - you wouldnt want the hassle of sending the more valuable item back and either having to wait or go without. As you didnt contact them then you will never know.

 

Agreed, it is their error - but what exactly are they trying to achieve. Do they want you to pay the difference between the two items or return it?

 

As it was their error, then I guess you could suggest they send you the one you ordered and collect the one they sent at their expense. They might consider that it would not be cost effective.

 

Is there any visible signs of use/damage to the item you have used.

 

IMHO, I dont think you are going to get away with saying the item was unsolicited.


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CB is right - but also you should understand that you are probably responsible for keeping it in good condition - although they would have to pay for its return


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Your (valid) options would have been either:

1) to contact the seller, tell them you have received unsolicited goods, give them a reasonable period to arrange to collect them & then only at the end of that period treat them as your own, or

2) Not contact the seller, and wait for 6 months, after which the unsolicited goods become yours.

 

Since the seller has asked for them back within 6 months, you can't claim they are yours ; even if you MIGHT have considered them unsolicited goods.

(If they were unsolicited if you had placed an order for similar but not identical goods would be a different question : but doesn't arise here as you still can't keep them given the seller requesting them back within time).

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You need to speak to them and sort something out; what is the price difference?

There must be a middle ground that you can negotiate around to save hassle of returning if you want and have used what they ahve sent.

they may even try debiting your account for the difference, but doubt it.

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All you can really do is ask for the correct item to be delivered and a return slip for the one sent in error. If the 2 items do the same job it might not be worth the hassle for the company to chase up but they need to know that you only have the 1 item. It is certainly not unsolicited goods so claiming that will only get the suppliers back up and they probably will resort to taking action to recover. Better off offering to keep the item as a substitute of equivalent value.

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Have a look at the regulation here: http://www.legislation.gov.uk/uksi/2000/2334/regulation/24/made. The definition is "in relation to goods sent or services supplied to any person, that they are sent or supplied without any prior request made by or on behalf of the recipient." You did make a prior request, so it is not an unsolicited good. I don't think it matters that you requested something else.

 

Unfortunately I think you were under a duty to take reasonable care of the product until they could collect. You should not have decided to use the product yourself. If the product is still in a saleable "as new" condition you might be able to return it, otherwise you should pay for it.


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