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Wrongly delivered item


aburobert
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I usually buy my dog food in bulk through eBay and have had no problems with my orders. BUT this time I received two packages instead of one from my supplier. 

 

One was correctly named and addressed and the second had a name unknown to me and my address on it. Yodel, the delivery company, simply dumped both packages outside my front door despite someone being in and they were discovered several hours later. Through the eBay messaging system I informed the seller about his mistake with my telephone number so he could arrange collection and deliver to the correct person. So far - and it has been over a week now - a deafening silence!

 

We all make mistakes from time to time but this seller seems to have a reputation - looking at his feedback - of not responding to his customers inquiries or concerns. This dog food is not cheap at about £50 a bag so my question is how long do I have to wait before I can safely dispose of this wrongly delivered item? I myself do not want it and I can quite easily donate it to one of our local dog rescue centres.  

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Items that firms send to you, but you didn't actually order are called "unsolicited goods". You're well within your rights to keep them.

You have no obligation to send them back to the company or to pay for them. If a company demands payment, that's a criminal offence.

But this doesn't apply to items sent to you by mistake (as happened to Robert); if the order was sent to you twice; or if there's extra stuff on top of what you ordered.

If a firm has left goods with you that weren't unsolicited goods, they still belong to the trader and you should try to give them back.

Firms can take you to court to recover their goods.

 

http://www.bbc.co.uk/newsbeat/article/30294748/can-you-keep-stuff-delivered-by-mistake

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Many thanks for the reply and link - much appreciated. I have absolutely no problem the trader collecting or arranging collection of his goods. They are his and not mine which I understand.

 

My problem is he is not responding to my messages and has, so far, not bothered answering his telephone. I have told him I have his goods and I have given him my contact details to arrange collection of which there is a record in the eBay messaging system.

 

Now I cannot wait forever for him to contact me as I spend a great deal of time traveling. At the moment I am at home for the next few weeks then there is only my son at home in the evenings.

 

How long is it reasonable to wait for the seller to make contact before I can dispose of his package. I am not going to pay to return something that I did not order and do not want - or am I being unreasonable here?

 

For me it is a bit of a dilemma as the goods are not mine and I do not want to break any laws in disposing of something that does not belong to me particularly if the seller wakes up in a few weeks and reads my messages trying to contact him - and then starts making noises about his package.  

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Well you have informed the seller/ebay so not much more you can do...you didnt order it therefore its  unsolicited  and as per my previous post.When and if they collect is his problem not yours.....

We could do with some help from you.

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The BBC page Andyorch linked says this. The link from "set procedure" goes to Citizens Advice website but the page it linked to is no longer there, it might be elsewhere on the CA site if you search.

 

So if they were sent by mistake what do I do?

If items are sent to you by mistake, you will need to contact whoever sent them and ask them to collect the goods.

That shouldn't cost you anything or inconvenience you in any way. You should also give the company a reasonable deadline to collect the items.

Can I sell items delivered incorrectly to me?

Yes, but it's quite a process.

You must try to contact the company twice in writing, following a set procedure.

Even after you've sold the items, it'll be at least six years before you can spend the dosh. During that time the original owner can still claim the money back from you.

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  • 1 month later...

A quick update.

 

The seller did eventually make contact blaming his error on the couriers used. This was wrong as the courier did deliver to the address on the package which was mine - it was the name that was wrong.

 

Anyway I informed him I was around for a week or so and to arrange collection in that time. But no contact was made again and I disappeared abroad for several weeks. Lo and behold the package is still here and my son informs me there has been no contact from anyone attempting to collect or arrange collection of it.

 

Anyway I have decided to dispose of it as I doubt it will ever be collected or collection will ever be arranged now. If he does come back at a later date I will direct him to the municipal dump informing him his goods were time expired and he can, if he wishes, sue me for the loss.  

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  • 1 month later...

 

One option could have been to open a  not as described case.  but you might have ended up with an automated return label and automated refund. : ? (another karma issue)

 

( just to note: that hyper link in my message above is created automatically by this forum . i can not remove it)

Edited by peacebee
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We dont want you to remove it ....its intended to assist others and expand on not as described  meaning within the Consumer Rights Act :rolleyes: 

We could do with some help from you.

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