Question about Consumer Laws (i think that's right read on!) - HotUKDeals
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Question about Consumer Laws (i think that's right read on!)

DannyBres Avatar
8y, 5d agoPosted 8 years, 5 days ago
A friend of mine recently ordered a new HDTV for around £450, he paid by bank transfer. They sent him 2 televisions by mistake, is it illegal to keep quiet and not tell them? What should he do?!
DannyBres Avatar
8y, 5d agoPosted 8 years, 5 days ago
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banned#1
i would think its deception or stealing he knows he didn't pay for 2 so therefore should do ........

saying that i would keep it and see what happens wait and see if they contact him about it
#2
He should send one to me for safe storage!

Just kidding, if it were me I would say nothing at all and keep it, however what I would probably do is stick it in the spare room in it's box for a month or 2 and see if they come back for it, if not then I would have sweet TV in my room too :)
#3
He needs to tell them that he has 2 TVs. If they don't collect after several months then it's his to keep
#4
He is supposed to contact the company to get them to fetch it, whether it is illegal or not is something you should ask the Police, or consumer direct etc. Do not take the word of someone on the interweb.

Shall I expire this thread now you have your answer, or is it another "What would you do" thread?
banned#5
Their mistake, but no you can't keep it. It's known as unjust enrichment

http://en.wikipedia.org/wiki/Unjust_enrichment
#6
Under the Unsolicited Goods and Services Act 1971 (as amended), it is an offence to demand payment for goods known to be unsolicited and someone who receives goods in these circumstances may retain them as unconditional gift, and does not have to pay for or return any unwanted goods.

Early christmas pressie me thinks.

You'd be best leaving it boxed for 6 months, then they can't do anything I don't believe.

As above, you're best asking consumer direct or someone similar.

Was this a DSG company?
banned#7
adambaz
Under the Unsolicited Goods and Services Act 1971 (as amended), it is an offence to demand payment for goods known to be unsolicited and someone who receives goods in these circumstances may retain them as unconditional gift, and does not have to pay for or return any unwanted goods.

Early christmas pressie me thinks.


Unjust enrichment is a legal term in English law and in several other jurisdictions, denoting a particular type of causative event in which one party is unjustly enriched at the expense of another, and an obligation to make restitution arises, regardless of liability for wrongdoing.he has a free tele , the company are out of pocket the law is clear
#8
How many did he sign for on delivery? If only one, then keep it. They have no proof he has two.
#9
fragaliciousbob
Unjust enrichment ....


Depends on how you look at it bob.

Imagine if you had to pay for everything that everybody sent you.

You'd get items every day on the proviso that they had to be paid for.

The 2nd TV can be classed as Unsolicited Goods.

If the company contact you, they may well request their TV back, but I don't think you are obliged to tell them.

People saying otherwise seem to be talking about morals rather than law.
banned#10
adambaz
Depends on how you look at it bob.

Imagine if you had to pay for everything that everybody sent you.

You'd get items every day on the proviso that they had to be paid for.

The 2nd TV can be classed as Unsolicited Goods.

If the company contact you, they may well request their TV back, but I don't think you are obliged to tell them.

People saying otherwise seem to be talking about morals rather than law.


dont get me wrong i'd be keeping it until i was contacted as its their error
#11
oh if only law was that easy!!
The entry concerning unjust enrichment is valid but if the poster of that would read further down it does state that a legal defence can be put forward, if the OP can think of one.
The un-solicited goods act could be used but this would depend on the OP feeling confident in arguing that to a judge, in this case I wouldn't as he definitely ordered a TV but not 2 and that is where the 6 month limit comes in.
Best scenario available to OP is contact supplier and inform them they have a reasonable time to collect item(say 2 wks) or it will be disposed of, OP is not responsible for storing after this event, make sure it is sent rec deliv .
or as has been stated, sit on it and don't sleep for the next 13 months because they can come after it if the mistake is noticed, say after the next stock check for example.
#12
If the client receives goods s/he has not ordered, s/he can treat the goods as an unconditional gift to her/him and can deal or dispose of the goods as s/he wishes. S/he has no obligation to return the goods to the trader or allow the trader to retrieve the goods .

If the client receives a demand for payment for unsolicited goods or services, s/he can ignore it. S/he should report the matter to her/his trading standards department as the trader may have committed a criminal offence.
banned#13
thesaint

Shall I expire this thread now you have your answer, or is it another "What would you do" thread?


Don't abuse the expire function son.

I can think of several theads that get an answer. Maybe you should practice what you preach there.
#14
Unsolicited Items (BERR website)

Under the Unsolicited Goods and Services Act 1971, (as amended) it is an offence to demand payment for goods known to be unsolicited, in other words, they were sent to a person without any prior request made by them or on their behalf.

Someone who receives goods in these circumstances may retain them as an unconditional gift, and does not have to pay for or return any unwanted goods. Anyone who receives a demand for payment for unsolicited goods should report the matter to their local Trading Standards Department.
However, in the case of unsolicited goods received before 1 November 2000, the recipient is required to give notice to the sender to collect them within 30 days, or otherwise to wait for 6 months, before being able to treat the goods as their own property.


So.........unless the company recognises their err within 6 months........the goods are your mates to keep legally. But he must ensure they are kept unused in their original packaging :thumbsup:
#15
ahh but the OP did order the goods (not 2 granted but which is which?). this is a major technical pitfall that the company would argue, mistakes happen.
the berr quote above is very vague and very out of date now as demonstarted by the mention of goods rec'd before 2000
#16
diabeticguy
If the client receives goods s/he has not ordered, s/he can treat the goods as an unconditional gift to her/him and can deal or dispose of the goods as s/he wishes. S/he has no obligation to return the goods to the trader or allow the trader to retrieve the goods .

If the client receives a demand for payment for unsolicited goods or services, s/he can ignore it. S/he should report the matter to her/his trading standards department as the trader may have committed a criminal offence.


is this a quote of a law or anything?!
#17
guys i came across an interesting entry in the SOGA, doesn't look good for OPs m8,
section 30 SOGA1979 as amended to 2003
"(3) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell and the buyer accepts the whole of the goods so delivered he must pay for them at the contract rate."

now acceptance could be where he does any act which is inconsistent with NOT owning the item

must look see if this has been used by any retailer because the time limit on claims under SOGA is 6 YEARS, worrying

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