Returning a parcel that I did/did not order.
Discussion
Hi All,
I'm wondering where I stand on the following.
I ordered an item (worth about £90) online. The company took the money from my CC, the next day they rang me and said "we've no stock and don't plan to restock this item" so said they'd refund me. Fine, I think. Two months pass, a ring at the door, and there is a delivery guy with a box, I sign for it thinking it's something for my wife, but no, it's the item that I initially ordered back in June '18. I look at the invoice and it appears to have come direct from a supplier, rather than the company I ordered from. At this point I was meaning to drop them a line to explain, but TBH I put the box in the garage and then forgot about it. We're now 11 months on from that (so about 13 months since I tried to buy the item).
So the question is, can I keep it or not really? I'm not sure where this would fall in terms of unsolicited goods, as we agreed on the phone that they'd refund me as they had no stock and no plans to restock the item, so although I'd initially purchased the item, I'd then agreed not to. Likewise, the counter argument could be that as I initially ordered the item, irrespective of what was said or happened in between times, it is solicited and thus I should have to pay for it.
My instinct is I should probably ring them and explain it all, but equally I'd feel a bit aggrieved if I've got waste time chasing up and explaining their errors and potentially waiting around for them to collect the item if they don't want to sell it to me.
I'm wondering where I stand on the following.
I ordered an item (worth about £90) online. The company took the money from my CC, the next day they rang me and said "we've no stock and don't plan to restock this item" so said they'd refund me. Fine, I think. Two months pass, a ring at the door, and there is a delivery guy with a box, I sign for it thinking it's something for my wife, but no, it's the item that I initially ordered back in June '18. I look at the invoice and it appears to have come direct from a supplier, rather than the company I ordered from. At this point I was meaning to drop them a line to explain, but TBH I put the box in the garage and then forgot about it. We're now 11 months on from that (so about 13 months since I tried to buy the item).
So the question is, can I keep it or not really? I'm not sure where this would fall in terms of unsolicited goods, as we agreed on the phone that they'd refund me as they had no stock and no plans to restock the item, so although I'd initially purchased the item, I'd then agreed not to. Likewise, the counter argument could be that as I initially ordered the item, irrespective of what was said or happened in between times, it is solicited and thus I should have to pay for it.
My instinct is I should probably ring them and explain it all, but equally I'd feel a bit aggrieved if I've got waste time chasing up and explaining their errors and potentially waiting around for them to collect the item if they don't want to sell it to me.
Edited by dasbimmerowner on Friday 5th July 15:28
Edited by dasbimmerowner on Friday 5th July 15:28
Surely it has to be theft to keep something that you know isn't yours, especially as you clearly know the sequence of events that led to it being delivered (ie some human error - it is definitely not unsolicited goods)
Do the right thing, although the seller is going to wonder why you took a year to get round to it....
Do the right thing, although the seller is going to wonder why you took a year to get round to it....
A similar thing happened to me with next. Too long and boring to explain.
Anyway, when I tried to do the right thing and return the refunded money they couldn’t fathom how to rectify on the phone or in the shop.
End of story is I have the goods and my money and they had no interest in the situation.
Chalk it up to a bank error collect £200 and pass go. If you can’t sleep make a suitable donation to charity or whip yourself with barbed wire.
Anyway, when I tried to do the right thing and return the refunded money they couldn’t fathom how to rectify on the phone or in the shop.
End of story is I have the goods and my money and they had no interest in the situation.
Chalk it up to a bank error collect £200 and pass go. If you can’t sleep make a suitable donation to charity or whip yourself with barbed wire.
dasbimmerowner said:
Hi All,
I'm wondering where I stand on the following.
I ordered an item (worth about £90) online. The company took the money from my CC, the next day they rang me and said "we've no stock and don't plan to restock this item" so said they'd refund me. Fine, I think. Two months pass, a ring at the door, and there is a delivery guy with a box, I sign for it thinking it's something for my wife, but no, it's the item that I initially ordered back in June '18. I look at the invoice and it appears to have come direct from a supplier, rather than the company I ordered from. At this point I was meaning to drop them a line to explain, but TBH I put the box in the garage and then forgot about it. We're now 11 months on from that (so about 13 months since I tried to buy the item).
So the question is, can I keep it or not really? I'm not sure where this would fall in terms of unsolicited goods, as we agreed on the phone that they'd refund me as they had no stock and no plans to restock the item, so although I'd initially purchased the item, I'd then agreed not to. Likewise, the counter argument could be that as I initially ordered the item, irrespective of what was said or happened in between times, it is solicited and thus I should have to pay for it.
My instinct is I should probably ring them and explain it all, but equally I'd feel a bit aggrieved if I've got waste time chasing up and explaining their errors and potentially waiting around for them to collect the item if they don't want to sell it to me.
I'm wondering where I stand on the following.
I ordered an item (worth about £90) online. The company took the money from my CC, the next day they rang me and said "we've no stock and don't plan to restock this item" so said they'd refund me. Fine, I think. Two months pass, a ring at the door, and there is a delivery guy with a box, I sign for it thinking it's something for my wife, but no, it's the item that I initially ordered back in June '18. I look at the invoice and it appears to have come direct from a supplier, rather than the company I ordered from. At this point I was meaning to drop them a line to explain, but TBH I put the box in the garage and then forgot about it. We're now 11 months on from that (so about 13 months since I tried to buy the item).
So the question is, can I keep it or not really? I'm not sure where this would fall in terms of unsolicited goods, as we agreed on the phone that they'd refund me as they had no stock and no plans to restock the item, so although I'd initially purchased the item, I'd then agreed not to. Likewise, the counter argument could be that as I initially ordered the item, irrespective of what was said or happened in between times, it is solicited and thus I should have to pay for it.
My instinct is I should probably ring them and explain it all, but equally I'd feel a bit aggrieved if I've got waste time chasing up and explaining their errors and potentially waiting around for them to collect the item if they don't want to sell it to me.
Edited by dasbimmerowner on Friday 5th July 15:28
Edited by dasbimmerowner on Friday 5th July 15:28
Pica-Pica said:
I am curious as to why you need to ask on here for moral guidance.
It wasn't a moral guidance question, more a what's the law around this as it doesn't fall into a package which is wholly solicited or wholly unsolicited. That's what I was getting at, if they'd just sent the item twice I'd call them, but as both parties agreed to the cancellation does it then become unsolicited? If the latter is true I can keep it in law, if not, they can come calling for the money up to 7 yrs later IIRC. I was hoping someone with a little more knowledge on these things could advise. It's only a cheap item, but I was interested in the legal standpoint. I've had a very similar thing. Ordered a load of plumbing gear to do underfloor heating and the company sent me the wrong pump. I contacted them about sending me a cheaper pump and they said they'd send the one I actually ordered and 'may' send someone to collect the other.
Needless to say 9 months later the pump I didn't order is still sat in its box in my garage.
It sometimes just isn't worth them paying £10 to get something collected and returned to them as chances are they'd be out of pocket on that product.
Needless to say 9 months later the pump I didn't order is still sat in its box in my garage.
It sometimes just isn't worth them paying £10 to get something collected and returned to them as chances are they'd be out of pocket on that product.
This has happened to me 10+ times now, I never get in touch with the companies, I keep my money and the goods. I'm happy to give them the money if/when they realise the error if its within a reasonable timeframe. It never has.
Biggest items was over £1000 pc, ordered it online, went and collected it, 6 weeks later money refunded. Clearly a computer error at their end perhaps due to me collecting it and the item not being delivered.
Biggest items was over £1000 pc, ordered it online, went and collected it, 6 weeks later money refunded. Clearly a computer error at their end perhaps due to me collecting it and the item not being delivered.
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