Posted 7th Apr 2020
I ordered some bullion from royal mint and received my order yesterday to my surprise there was two boxes and they had sent a duplicate order (value over £2000) so I contacted them explained the situation and asked them to collect the items.
Today they got back in touch and thanked me for notifying them and asked me to post it back to them through the post office I replied to this email stating what days I’m off from work and that can they send a courier to collect on one of those days they have responding to this saying they need me to post it back then they will refund me the postage once they get it.
I’ve replied stating they need to collect as I don’t drive and I’m not walking into town with valueable goods.
Have any of you been in similar situations? Or do you know my rights on this matter.
I believe I’m being flexible by giving all my available dates for collection and packaging the parcel back up however I’m not willing to pay anything and then try and get money off them
Today they got back in touch and thanked me for notifying them and asked me to post it back to them through the post office I replied to this email stating what days I’m off from work and that can they send a courier to collect on one of those days they have responding to this saying they need me to post it back then they will refund me the postage once they get it.
I’ve replied stating they need to collect as I don’t drive and I’m not walking into town with valueable goods.
Have any of you been in similar situations? Or do you know my rights on this matter.
I believe I’m being flexible by giving all my available dates for collection and packaging the parcel back up however I’m not willing to pay anything and then try and get money off them
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28 Comments
sorted bySeriously though, that’s some honesty shown by you
Just keep the "unconditional gift" until collected, or keep the gift permanently. Check if qualiftying conditions within Unsolicited Goods and Services Act 1971 Section 1 P2b have been met to permit recipient to keep after 30 days of come&collect notification. If so, the recipient can:
"deal with or dispose of them as if they were an unconditional gift to him, and any right of the sender to the goods shall be extinguished... not less than thirty days before the expiration of the period aforesaid the recipient gave notice to the sender in accordance with the following subsection, and that during the period of thirty days beginning with the day on which the notice was given the sender did not take possession of the goods and the recipient did not unreasonably refuse to permit the sender to do so."
legislation.gov.uk/ukp…ted
I think it's up to them to arrange collection now that you've told them about their error and leave it at that. (edited)
Not your goods so up to the goods' owner to ensure/insure the safety of his/her goods prior to the owner collecting goods, or not collecting.
I honestly think your been perfectly reasonable and they should be thankful you were honest and informed them of their mistake.
Now of all times you shouldn’t be having to make a trip out it to the post office it certainly isn’t essential.
If they had any sense they would work with you and arrange a courier for the next available convent time for yourself and offer you a discount on your next purchase as a thank you for your honestly and apologise for the inconvenience (edited)
Not a challenge, but until credibly shown otherwise by some other dot gov dot uk reference rather than some unqualified web ramble, the definition of "unsolictied goods":
"...means, in relation to goods sent to any person, that they are sent without any prior request made by him or on his behalf..."
and as OP did not order two sets(?) of whatever was ordered, the second set may be interpreted by a reasonable layperson as "unsolicited" as defined at legislation.gov.uk/ukp…ted
The semantics may not matter as the OP has already notified the supplier and received a direct response to that notification so OP can show that the recipient has satisfied any obligation for the recipient to tell the sender to get off their Rs and collect theirs hit.
Tell them to wait to lockdown is over now otherwise they can do one. Royal Mail is a rip off but you also need to insure the parcel too
Sorry
To answer some questions I was only charged once with royalmintbullion you have to put the money in your account before you can purchase.
I would also class a journey to the post office as non essential so I'm not to sure what the police would say to me in that situation (in the event they stopped me)
In my last email I've stated for them to collect it within 30 days which I think is fair I don't actually like having goods that aren't legally mine in my house not to sure where I would stand if I was to get robbed or house burnt down etc
saga.co.uk/mag…ake
I like it a lot.
Doesnt mean you have to go down to the post office because of this, especially these days and if you don't drive, but I have a feeling you'll be left with an extra £2k worth of bullion.
As you say, a moot point for this OP, but any future person stumbling across this might need it clarifying.
Often the case with law it is not what is said but what is not said and I am not going to wade through all the amendments to that act but as far as i can see there is no need, your own quote "without any prior request made by him or on his behalf.."
Clearly this is not the case as the OP did place an order for those goods.
Having actually discussed this issue with a CC judge many years ago, that is the way most of them would go without specific statute to the contrary.
Just keep it !! Im sure they can afford the loss.
It's designed to stop scams where someone sends you an item and then turns up at the door days later demanding an inflated payment for it. Often the item would be perishable or something that you wouldn't be able to return if it was 'used'. These scams are almost non-existent now thanks to the law but in cases where the line between what is a mistake and what is unsolicited is vague, judges are likely to fall back to the intent of the law and rule with the store.
That aside, in the case of a mistake returns should not impose any significant inconvenience on the person on the receiving end so if getting to a post office is difficult, they should send a courier.