Goods received in error - obligations?
Discussion
Short version of the story...
1) Ordered a nice watch in early June for my son's 25th birthday in mid-July
2) Had to "remind" them of the order after a few weeks, as it had "gone astray" - eventually arrived on time - given to very chuffed son
3) found fault after a couple of weeks - returned the watch - company accepted fault and offered to fix it with a seven-week turnaround...
4) very short discussion ensued and the watch was replaced - new one received after three weeks or so
A couple of weeks ago, I got an email saying "your watch will be delivered tomorrow" - I contacted the company and informed them of their mistake (which they were completely unaware of). They said they would contact the courier and prevent the delivery. The next day, the watch turned up. I again contacted the company to inform them of their error. I said I would consider buying the watch (for my other son) if they gave me sufficient discount for my honesty - they politely refused and asked if I would send it back. I told them that as I work from 7:00am to 7:00pm, I don't get near a post office and I asked them to arrange a courier collection.
That was the last I heard - the watch is still un-opened in its original packaging, awaiting instruction from the company that they will be collecting it
FWIW, I know its not my watch - I'm not looking to "claim" it if they don't collect within X days - after all, I offered to buy it. I reckon if I hadn't told them, they'd still be none the wiser, but that's not in my nature. This isn't a "what would YOU do? question, its more of a "what should/ must I do?". Am I obliged to rectify their mistake and return the watch and reclaim the postage costs? Do I just hang onto it indefinitely?
1) Ordered a nice watch in early June for my son's 25th birthday in mid-July
2) Had to "remind" them of the order after a few weeks, as it had "gone astray" - eventually arrived on time - given to very chuffed son
3) found fault after a couple of weeks - returned the watch - company accepted fault and offered to fix it with a seven-week turnaround...
4) very short discussion ensued and the watch was replaced - new one received after three weeks or so
A couple of weeks ago, I got an email saying "your watch will be delivered tomorrow" - I contacted the company and informed them of their mistake (which they were completely unaware of). They said they would contact the courier and prevent the delivery. The next day, the watch turned up. I again contacted the company to inform them of their error. I said I would consider buying the watch (for my other son) if they gave me sufficient discount for my honesty - they politely refused and asked if I would send it back. I told them that as I work from 7:00am to 7:00pm, I don't get near a post office and I asked them to arrange a courier collection.
That was the last I heard - the watch is still un-opened in its original packaging, awaiting instruction from the company that they will be collecting it
FWIW, I know its not my watch - I'm not looking to "claim" it if they don't collect within X days - after all, I offered to buy it. I reckon if I hadn't told them, they'd still be none the wiser, but that's not in my nature. This isn't a "what would YOU do? question, its more of a "what should/ must I do?". Am I obliged to rectify their mistake and return the watch and reclaim the postage costs? Do I just hang onto it indefinitely?
paintman said:
365 days a year/366 days a leap year with no days off ever?
I think you'll find that Post Offices are only open for 312/313 days a year, and 52 of those are half-days.Yes, I get holiday, although my last day off when a Post Office was open was mid-June. I work all day Monday to Friday and half of Saturday. Last time I needed to post something on a Saturday afternoon, I walked the mile and a half from my workplace in Birmingham to the only Post Office that's open after 1:00pm - I queued for over an hour to be served, then walked the mile and a half back to my car and went home - about two hours later than usual.
I expect they'll remember eventually, but I was curious to know what my obligations were (it would appear I've already fulfilled them)
I have to say, I was fairly surprised when they couldn't find it in themselves to offer any discount at all for me to buy the watch. If I was the company, I'd have offered £50 off just to save the hassle of organising a returns package, then a courier, and then an inspection / re-stocking task. Bit short-sighted really, and slightly puts me off buying from them again.
Last time it happened, I ordered 1 litre of very high quality gearbox oil - probably about £25-£30. The company sent me 10 litres! I told them and they quickly collected it and sent me the 1 litre for free. Funnily enough, I've ordered from them several times since....
paintman said:
365 days a year/366 days a leap year with no days off ever?
I think you'll find that Post Offices are only open for 312/313 days a year, and 52 of those are half-days.Yes, I get holiday, although my last day off when a Post Office was open was mid-June. I work all day Monday to Friday and half of Saturday. Last time I needed to post something on a Saturday afternoon, I walked the mile and a half from my workplace in Birmingham to the only Post Office that's open after 1:00pm - I queued for over an hour to be served, then walked the mile and a half back to my car and went home - about two hours later than usual.
I expect they'll remember eventually, but I was curious to know what my obligations were (it would appear I've already fulfilled them)
I have to say, I was fairly surprised when they couldn't find it in themselves to offer any discount at all for me to buy the watch. If I was the company, I'd have offered £50 off just to save the hassle of organising a returns package, then a courier, and then an inspection / re-stocking task. Bit short-sighted really, and slightly puts me off buying from them again.
Last time it happened, I ordered 1 litre of very high quality gearbox oil - probably about £25-£30. The company sent me 10 litres! I told them and they quickly collected it and sent me the 1 litre for free. Funnily enough, I've ordered from them several times since....
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'internetYou 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.
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.
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 OPLet'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...)
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.The Surveyor said:
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!
Over £650 - I agree, they have been rather tardy in reclaiming itIf 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!
update - still got the watch, in the un-opened parcel that it was originally delivered in
I'm really staggered that a company can be so casual with a £650 item, especially as I've alerted them to their error
Beginning to wish I'd said "collect it in XX days or I'll dispose of it as I see fit..."
I'm really staggered that a company can be so casual with a £650 item, especially as I've alerted them to their error
Beginning to wish I'd said "collect it in XX days or I'll dispose of it as I see fit..."
Amazing - absolutely amazing....
Now that the watch company has had the watch back, they've refunded me the money that I didn't pay for the watch that I didn't order....
They seem to be hell bent on giving me a watch and now I've sent it back, they have given me the money instead...
I know the law about retaining money credited in error, so I'll be calling them in the morning, but I wonder how much profit is lost for companies due to admin cock-ups
Now that the watch company has had the watch back, they've refunded me the money that I didn't pay for the watch that I didn't order....
They seem to be hell bent on giving me a watch and now I've sent it back, they have given me the money instead...
I know the law about retaining money credited in error, so I'll be calling them in the morning, but I wonder how much profit is lost for companies due to admin cock-ups
I've spoken with the head of customer services at the watch company - she was staggered that they had managed to cock up so many times and was very apologetic. She has said that she will organise the reclaiming of the erroneously paid £660, but that she will only reclaim 70% of it as compensation for the inconvenience
Yes, I could have kept quiet about the watch and kept it, but I'd have felt dishonest
Yes, I could have kept quiet about the money, but they would probably have sussed it by the end of the year, by which time it would have been spent...
I'm now a couple of hundred quid up for my honesty and more importantly, I feel that I've done the right thing
Yes, I could have kept quiet about the watch and kept it, but I'd have felt dishonest
Yes, I could have kept quiet about the money, but they would probably have sussed it by the end of the year, by which time it would have been spent...
I'm now a couple of hundred quid up for my honesty and more importantly, I feel that I've done the right thing
amancalledrob said:
If he can buy one he likes for £198.00, then yes
A further update - wrongs have been righted!As a return gesture for their very kind offer of allowing me to keep some of the funds they sent me by error, I asked if I could "recycle" their gift into buying a watch from their clearance range AND for them to honour the discount voucher (now expired) that they gave me with the very first watch.
It was a pretty cheeky request, but to their credit, the company has agreed to honour the voucher code, which means I've got a great Christmas present for my eldest son at a bargain price (the original watch was for my youngest son's 25th birthday).
Seems everyone's happy now
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff