Goods received in error - obligations?

Goods received in error - obligations?

Author
Discussion

mcflurry

9,079 posts

252 months

Friday 30th September 2016
quotequote all
If you work from 7 to 7, can't the company hire a courier to pick up the watch from your workplace?

_dobbo_

14,321 posts

247 months

Friday 30th September 2016
quotequote all
Well quite, the company could do that but they aren't which is the point of the thread I suspect.

Can't believe the OP is getting st for posting this - but then again this is SP&L so what did I expect?

blindswelledrat

25,257 posts

231 months

Friday 30th September 2016
quotequote all
Hol said:
Yes OP, you are definitely a victim.
All this thread is missing is a picture of you and your son, with your arms crossed and grumpy face.
Have you tried a lawyer for compensation yet??
Its not as though you have the time, to come on a forum for reasons to keep the watch, when someone else in your family could have spent less time taking it to the post Office.

God forbid, you ever leave anything on a bus, plane or train and the person finding it thinks its beneath them to hand it in.
Either you didn't bother to read his post or are a bellend.

Hol

8,356 posts

199 months

Friday 30th September 2016
quotequote all
blindswelledrat said:
Either you didn't bother to read his post or are a bellend.
The totally transparent one that started off well (obviously not my watch), but seemed to go south when the compensation and discounts were not forthcoming (like the previous oil deal).



Don't throw that soap on a rope you got from a forward thinking relative away.





Lopey

258 posts

97 months

Friday 30th September 2016
quotequote all
I'm curious as to how the original faulty watch was returned, and can the same method be used to return this watch?

C70R

17,596 posts

103 months

Friday 30th September 2016
quotequote all
kowalski655 said:
They should be getting it without inconvenience to OP

http://www.thecomplainingcow.co.uk/all-you-need-to...
Probably the only useful reply in this thread.
Certainly the only one that relates to actual, you know, law and stuff.

Should we rename this section "Speed, Plod & PHers' Opinions"? laugh

OP - If you want the watch, pursue them for a discount. If you don't want it or they won't offer the terms you seek, quote the above and give them the details required to arrange a courier within 14 days. Be clear about what you are saying, which should prompt them to react/respond.

JustinP1

13,330 posts

229 months

Friday 30th September 2016
quotequote all
C70R said:
kowalski655 said:
They should be getting it without inconvenience to OP

http://www.thecomplainingcow.co.uk/all-you-need-to...
Probably the only useful reply in this thread.
Certainly the only one that relates to actual, you know, law and stuff.

Should we rename this section "Speed, Plod & PHers' Opinions"? laugh

OP - If you want the watch, pursue them for a discount. If you don't want it or they won't offer the terms you seek, quote the above and give them the details required to arrange a courier within 14 days. Be clear about what you are saying, which should prompt them to react/respond.
For the avoidance of doubt, and so people don't get the wrong idea, whilst that website link is headed "All You Need to Know About Unsolicited Goods", in this case the goods are NOT unsolicited.

johnfm

13,668 posts

249 months

Friday 30th September 2016
quotequote all
You're an involuntary bailee of their property.

You have obligations to keep the watch safe. Google Bailment.

You cannot just keep it or sell it without following the necessary notice requirements of the Torts (Interference with Goods) Act.




C70R

17,596 posts

103 months

Friday 30th September 2016
quotequote all
JustinP1 said:
C70R said:
kowalski655 said:
They should be getting it without inconvenience to OP

http://www.thecomplainingcow.co.uk/all-you-need-to...
Probably the only useful reply in this thread.
Certainly the only one that relates to actual, you know, law and stuff.

Should we rename this section "Speed, Plod & PHers' Opinions"? laugh

OP - If you want the watch, pursue them for a discount. If you don't want it or they won't offer the terms you seek, quote the above and give them the details required to arrange a courier within 14 days. Be clear about what you are saying, which should prompt them to react/respond.
For the avoidance of doubt, and so people don't get the wrong idea, whilst that website link is headed "All You Need to Know About Unsolicited Goods", in this case the goods are NOT unsolicited.
Absolutely. I thought it was relatively clear in the linked bit that we're talking non-unsolicited here, but it definitely bears repeating. smile

Nigel_O

Original Poster:

2,858 posts

218 months

Friday 30th September 2016
quotequote all
johnfm said:
You're an involuntary bailee of their property.

You have obligations to keep the watch safe. Google Bailment.

You cannot just keep it or sell it without following the necessary notice requirements of the Torts (Interference with Goods) Act.
Lifted from t'internet

Baiment - "The temporary placement of control over, or possession of Personal Property by one person, the bailor, into the hands of another, the bailee, for a designated purpose upon which the parties have agreed"

It seems to fit the bill, apart from the fact that I didn't agree to be the bailee - in fact I specifically requested that they didn't send the watch.

To address earlier comments:-

It might be debatable whether the watch is unsolicited - I didn't order THIS watch, I ordered a previous one, and that order was fulfilled - this is an inadvertent duplication of the order. Def: "Given or supplied without being requested or asked for". I didn't request it or ask for it, in fact I specifically requested NOT to receive it when I became aware that it was on its way.

The earlier faulty watch was returned by them sending a pre-paid postage bag, which I then had to arrange for someone else to take to the Post Office. I'm not averse to doing this again, but when I advised the company that the watch had been delivered, I asked them to arrange a courier collection, to which they agreed. They seem to have forgotten to actually arrange it though.

Nigel_O

Original Poster:

2,858 posts

218 months

Friday 30th September 2016
quotequote all
Hol said:
The totally transparent one that started off well (obviously not my watch), but seemed to go south when the compensation and discounts were not forthcoming (like the previous oil deal).
You've missed the point, or are choosing to mis-interpret my OP

Let's try to clarify:

I got a watch I didn't order
I might have kept it if they'd offered a discount
They didn't offer a discount, so I asked them to collect it
They haven't collected it
I'd like to know my obligations

There - make sense?

The "previous oil deal" was merely anecdotal evidence of the behaviour a reasonable person might expect when being totally honest to a company that has made an error. The oil company's commercial nous ensured my continued custom. The watch company's lack of it has ensured I'll go elsewhere for my next watch. Had they offered a discount, even one that I later decided wasn't enough, I'd probably be on PH now saying "XXX watch company have decent customer relations" and they'd be getting very low-cost PR as a result. Thankfully, I'm not naming & shaming, as I have no need to. I just want to know what I should be doing (or not doing...)

kowalski655

14,599 posts

142 months

Friday 30th September 2016
quotequote all
Nigel_O said:
.....
It might be debatable whether the watch is unsolicited - I didn't order THIS watch, I ordered a previous one, and that order was fulfilled - this is an inadvertent duplication of the order. Def: "Given or supplied without being requested or asked for". I didn't request it or ask for it, in fact I specifically requested NOT to receive it when I became aware that it was on its way.
....
From the link I posted earlier:
Not unsolicited goods
1) If you have been sent items by mistake; such as a duplicate order or additional items

Just await a prepaid envelope or courier,their problem not yours

rigga

8,727 posts

200 months

Friday 30th September 2016
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Ordered some bathroom fittings for a renovation we were carrying out, waited for confirmation of delivery, which stated not all the order could be fullfilled due to stock issues after we had paid, fair enough, we cancelled and purchased the items elsewhere. Few days after we had obtained what we needed, the original order arrived complete from the company we cancelled from, had confirmation of cancellation, and had full refund, cost of items was £95, contacted the company and asked them to collect, they refused and stated we had to send them back or our cost (large heavy item) and then claim coat back, which I declined as I didn't think I should be out of pocket even for a short while for something I shouldn't have received, much to and froing between departments, eventually they agreed a courier would be in touch to arrange collection.





Three months later they are still here and have heard nothing.

CubanPete

3,630 posts

187 months

Friday 30th September 2016
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You have informed the company. It is their responsibility now.

I'd be keeping it safe for a few of months until my conscience was clear...

steve-5snwi

8,592 posts

92 months

Friday 30th September 2016
quotequote all
Ah the joys of mail order, for us when we had our own warehouse if we had a faulty product or sent out the wrong item we would ask the customer to return it to us (at their cost) then email or post the receipt for the return costs and we would refund it by cheque.

99.9% customers were happy with this, for the ones that weren't we would arrange collection. However this is where it got expensive, it could cost £4 to send it by next day courier but £20 to arrange a collection.

Nowadays there are a lot more drop off points do it might be worth seeing if they can arrange for it to be dropped off at one of those, that's what I had to do when I returned some Bose headphones.

sim72

4,945 posts

133 months

Saturday 1st October 2016
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I ordered a laser printer for my home, it was about £200. They sent me a bloody great office-type colour laser with all the bells and whistles (looked up the price, it was about £500). I phoned up and explained the situation, they said they'd send me a return postage label. I pointed out that the thing weighed a bloody ton and if they thought I was lugging it into town they needed to think again and send a courier. They said they'd get back to me ASAP. That was two years ago, I've still got the big printer. Very good it is too.

jan8p

1,722 posts

227 months

Saturday 1st October 2016
quotequote all
My apologies if this has already been covered.....but why couldn't you have just refused the delivery of said watch and the courier would have returned it to the merchant?

Nigel_O

Original Poster:

2,858 posts

218 months

Saturday 1st October 2016
quotequote all
jan8p said:
My apologies if this has already been covered.....but why couldn't you have just refused the delivery of said watch and the courier would have returned it to the merchant?
I wondered if anyone would ask this - I work in a big office and the receptionists sign for all deliveries and then advise the recipients. In hindsight, I could have advised the receptionists to refuse the delivery, but of course I was under the impression that the watch company was going to stop the delivery, as they said they would.

Nigel_O

Original Poster:

2,858 posts

218 months

Tuesday 11th October 2016
quotequote all
Update

Three weeks after I last emailed the watch company, they've got in touch to ask if they can arrange a collection in mid November....

I'm just glad they don't have any of my money while they're taking their time to collect a watch I didn't want!

The Surveyor

7,576 posts

236 months

Tuesday 11th October 2016
quotequote all
Nigel_O said:
Update

Three weeks after I last emailed the watch company, they've got in touch to ask if they can arrange a collection in mid November....

I'm just glad they don't have any of my money while they're taking their time to collect a watch I didn't want!
I think you've done more than enough here. Just out of interest, what is the approx. value of the watch?

If it was £50 - £100 or so, then it's not really worth the company re-stocking it. If it was £500 plus, they seam far to relaxed about getting it back!