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Unsolicited goods query.

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Hello,

 

I wonder if anyone could advise me on my situation and whether it classifies as unsolicited goods.

 

Several months ago I purchased an external hard drive from maplins, a seagate model. It broke and the store replaced it for another seagate(different model). This was faulty on day1 and was replaced again for a hitachi drive that works fine.

 

Before replacing the items in store I enquirer about an rma with seagate but decided my best option was an In store replacement. Fast forward to today and I have just taken delivery of FOUR hard drives from seagate. All the original model that I had returned to maplins.

 

I have a receipt in my email account detailing the goods to be sent, with a cost of zero, and the tracking details. However, I at no point asked seagate for any kind of replacement and wonder if that puts these items as unsolicited? My rma 'attempt' went so far as to see if the serial number was valid for warranty and a phone call to tech support. They didn't receive a drive from me so they should never have sent anything and even so it is now months later.

 

Advice appreciated!

 

Jay

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I don't think they are. The Unsolicited Goods Act 1971 defines unsolicited as follows: "in relation to goods sent to any person, that they are sent without any prior request made by him or on his behalf".

 

I've underlined the word any. You have made a request, even if you didn't request the four hard drives, so I don't think these are unsolicited. You should offer to send the hard-drives back at Seagate's cost.


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or just wait and see what happens, if they request them back, you must send them, at their cost, but if they dont?

or as SP says contact them, email, and ask what they want you to do with them.

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Thanks for the replys.

 

@steampowered you have highlighted the exact area I was unsure over, did I request anything? I checked the serial number was valid by there online tool and I called them once to discuss technical issues and potential remedies. I didn't submit an rma of any kind and never sent anything to seagate. Arguably, no request was made by me?

 

I have been in touch with seagate yesterday but was a bit guarded about what I said, being blunt my moral conscience sits fine with keeping the drives as long as it is legally, and there systems tell them that I sent them 2 drives. The customer sales rep then surprised me by saying that he can see four have been sent and alluding (not very subtly) to the fact that I my as well just have them!

 

I suppose I could just wait it out then, as I have at least confirmed with seagate they sent me some drives in error, they have my contact details etc. Any idea what is the required time to wait before claiming them as my own? Again, my understanding is that if they are unsolicited that they become mine from day one?

 

I'm aware that this is a bit self serving and I would be more inclined to remedy the situation to a smaller company or business but the reality of this situation is that seagate won't miss the drives (as confirmed by their oh so helpful CS rep!) and I can certainly put them to good use. I am not gonna break the law over it however!

 

Thanks.

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the choice is yours,tell them outright they have sent them to you and if they want them back to come and get them in 14 days or you dispose of them, or just wait for about six months and they would be yours ( nobody woulld expect you to keep them longer than that ).

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