[Closed] Monday Conundrum

Any ideas what I should do?

[i]Any ideas what I should do?[/i]

the right thing.

[i]Any ideas what I should do?[/i]

Keep it. I hate retailers that say they have stuff in stock when they haven't. Make them ask for it back. 😀

This is a company that has already caused me a lot of inconvenience, now they're going to cause me even more! I'm not really in any mood to go out of my way to "do the right thing"...

Two options IIRC under consumer legislation

1) you contact them and tell them to collect it. If they do not after a shortish time period it becomes yours.

2) you do not tell them - after a longish time period it becomes yours

I would take option 1

[i]I'm not really in any mood to go out of my way to "do the right thing"[/i]

so why did you even post the question in the first place?

I agree with TJ

edit - would ensure that you make it clear the ONLY option is for them to arrange collection at a time convenient to you. You must make it clear that you do not want to keep it and that they don't have the option of billing you

Do they have a right to bill my credit card?

This is a company that has already caused me a lot of inconvenience, now they're going to cause me even more! I'm not really in any mood to go out of my way to "do the right thing"...

No

There is no contract between you - you cancelled the contract when you cancelled the order. Therefore they have no right to money from you

do check up carefully tho.

Don - it is not theft.

The company have sent unsolicited goods to the OP. there is legal guidance on the rights of this situation which is as I state above IIRC

google unsolicited goods for more info

Don - it is not theft.

google unsolicited goods for more info

I'll buy it off you cheap and we don't have to tell anyone about it.

Do they have a right to bill my credit card?

TJ, thanks for the helpful advice. I wouldn't waste your breath on Don Simon, he has a bit of a chip on his shoulder when it comes to me. He must be seething at the thought of me getting a free hifi!! 😀

He must be seething at the thought of me getting a free hifi!!

I'm an arse with a brand new FREE hi-fi! 😀

From the government website...

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.

Looks like I got an unconditional gift! Happy days, eh Don? 😀

Looks like I got an unconditional gift! Happy days, eh Don?

[i]in these circumstances[/i]

what circumstances does the government define?

Sorry Waswas, here's the full text:

Unsolicited items

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.

Shibboleth - given the circumstances you outline I would not be 100% confident of that. hence I would tell them that you have it and that they have to arrange return and yo have to be reasonable about the arrangements for return

they weren't unsolicited originally, albeit you cancelled the order.

Just do the decent thing and phone them;

"I've got a stereo I didn't want, you can collect it from my home/workplace on these days and between these times."

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.

Happy days indeed.

Just do the decent thing and phone them;

Take the new unboxed one back to Richer Sounds with your receipt for a full refund...

😉

I think I'll just wait and see if they get in touch. If they've not asked for it back in the next few weeks, I'll ebay it...

I think I'll just wait and see if they get in touch.

*can't work out if he's just winding don simon up or is genuinely amoral*

give it to me.. as one of the tribe of tattooed losers, I stand no chance in hell of ever bettering myself, so a luxury item like this is the stuff of fantasy..
make a dream come true for someone less able than yourself

*can't work out if he's just winding don simon up or is genuinely amoral*

Maybe I should email them thanking them for their unsolicited gift and see what they do... What do you think Don?

Just out of morbid curiosity, how do you define "theft"?

I think you should find a dictionary to help you understand what an unsolicited gift is before you do anything.
Theft- taking another person's property without their permission. You are withholding money or property that belongs to someone else. Theft.

You're getting your "unsolicited goods" and "unconditional gifts" mixed up Donk. As far as the dictionary definition of "theft" is concerned, theft is not on the agenda when a company sends "unsolicited goods".

Are you forgetting about the order you placed?
Of course you are.

[i]Theft- [b]taking[/b] another person's property without their permission[/i]

❓

Two options IIRC under consumer legislation
1) you contact them and tell them to collect it. If they do not after a shortish time period it becomes yours.

" i put it to you, mi-lud, that the items have not been in the defendants possession for a shortish period of time but he has in fact had them for yonks."

I cancelled the order in writing and here's the response:

I understand what you are saying, we are currently in a difficult position with our website as it does not have the capability to be directly linked to our stocking system, which means it has to be manually updated meaning not all products are updated ‘as it happens’ but we do try to keep as up to date as possible. The system also takes payment straight away when the order is placed online, [b]your payment has been refunded.[/b]

I've checked, and they refunded my credit card.

They sound nice. Do you really want to shaft them?

Nice? Hmmm... They took an order for an item that wasn't in stock and took money for Next Day delivery. I waiting in all day for the parcel and then, the following day, they contacted me to say it wasn't in stock.

To be honest, they really dicked me about, so no, I don't think they're "nice".

Well, it seems they've sent you a free HiFi. Perhaps you feel a day of your time is worth more than the HiFi and that this is suitable compensation.
Personally, I would send it back, and I am a Very Important Man™.

Spend the time you are posting on here emailing them instead, trying to resolve the situation.

Don't worry about it, I just googled the company number in your photo and emailed them a link to this thread.

You don't have to thank me, you're welcome.

I'm not over impressed with the glimpse creative website, tbh 😉

So Don Simon has never once taken anything that wasn't his? Never has a pen or post-it note from work been found at his home? Never has he done something that should have resulted in a payment or fine (eg: speeding) for which he paid nothing?

To the OP. Store the new hi-fi in the garage, if they don't contact you in a month or two, keep it. The retailer should be more organised - they shouldn't send out goods to people without an order/payment.

What kind of emergency requires a hifi in time for the weekend? Do the vendors market themselves as suppliers of urgent radiograms for time sensitive weekend listening?

You put yourself in a corner that they were unaware of, then got stressed about it. Sending it back is no hardship whatsoever you big pansy.

Terry Wrist - what a guy.

maccruiskeen - Member

Intrigued as to what the statutory definition of "shortish" might be

I cannot remember and can't be bothered to look it up. 🙂

Perhaps you feel a day of your time is worth more than the HiFi and that this is suitable compensation.

That hifi costs £149. I get billed out at £650 per day. If the OP is billed out at a similar rate, maybe he should be asking for speakers as well...

... Or at least some quality cables, they're what makes all the difference. 😉

Morally, there's no question - you should let them know they've made a mistake. But I don't think you're obliged to put yourself out so they can pick it up.

I had this happen with a bed years ago and they told me to keep it.

Don't worry about it, I just googled the company number in your photo and emailed them a link to this thread.

🙂

Morally, there's no question - you should let them know they've made a mistake. But I don't think you're obliged to put yourself out so they can pick it up.

Never has a pen or post-it note from work been found at his home?

That hifi costs £149

Shibboleth - Member
TJ, thanks for the helpful advice

Carefull Shibby, you never know when the old giffer's going to pull one of these.........

TrollJeremy - Member
On this thread I have been taking the piss

That hifi costs £149

Just mailed my bro in law who's a consumer protection guy & he says...

'Unfortunately the goods would not be yours.
There's nothing laid down as what is a reasonable time (for them to pick the goods up) but if it went past that point then you'd be looking at damages only i.e. compensation for the inconvenience, that sort of thing.
It only becomes yours if its unsolicited which it isn't.'

Thanks esseletc, to be honest, I wasn't really expecting to keep it, I'm more annoyed that a company that's already wasted my time has been so incompetent and wasted even more of it!

You placed an order then cancelled it. Subsequent to that they sent you something, unsolicited. You keep it.