Just Received an iPhone I Didn't Order

[AndyCr15]

Nope... nothing. I have wondered (did I post this already?) if it could be an error on their end? Maybe they have my name and address from something else and the salesman clicked the wrong name on a list?

 

[fezster]

According to ChatGPT:

In the UK, if you receive goods that you did not order, they may be considered unsolicited goods. Under the Consumer Protection from Unfair Trading Regulations 2008, unsolicited goods are items that were sent to you without your request or agreement. In such cases, you have specific rights.

Key Points:​

1. You Do Not Have to Pay: You are not legally obligated to pay for unsolicited goods.
2. Time to Return: Generally, under UK law, you must notify the retailer within 6 months of receiving the unsolicited goods. The retailer then has a reasonable period (often 28 days) to collect the item, or they may ask you to return it. If the retailer does not collect the item or ask you to return it within a reasonable time, you may be able to keep the goods without further obligation.
3. If the Retailer Doesn't Collect: If the retailer does not make an effort to collect the goods or you don’t hear back from them within a reasonable time, the goods may be considered yours to keep after the 6-month period has passed.
4. You Should Notify the Retailer: While you are not required to return unsolicited goods, it’s advisable to inform the retailer of the situation, as they may wish to arrange a collection. If you do not notify the retailer, they may claim that you kept the item unlawfully.

Summary:​

• Notify the retailer of the unsolicited goods within 6 months of receipt.
• The retailer should arrange collection within a reasonable period (usually around 28 days).
• If the retailer doesn’t collect the item or communicate within a reasonable time frame, you may legally keep it.

If you're unsure, it's always best to check with the retailer or consult legal advice to ensure you're following the proper procedure.

 

[Haggisman]

Well, I've called them twice now, that's enough for me to feel I've done my bit. I honestly don't know how long I would wait... at least a year. I wouldn't feel too bad if someone from Sky called me in 13 months asking where it was. Maybe legally I would still be liable though and they send me a 4 figure bill...

Mind you, the definition of theft from a shop is taking something and making no effort to pay. I could probably argue I've made an effort to return it. Them not acting on that is on them?

As above, 28 days seems to be a reasonable timescale, so I'd drop their customer services an email outlining the situation, including the dates/times you've contacted them, and explicitly state they have 28 days to collect it or you will be disposing of it as you see fit. You could follow this up with a call to confirm they've received it, but definitely make sure you have a written "paper" trail.

Fairly sure you're entitled to charge them storage fees for looking after their item as well, so maybe mention that.

 

[AndyCr15]

Wow, all interesting information, thanks.

I wonder if the unsolicited goods rules/law is different if it's done via identity theft? As in, someone did ask them to send the item to this address. Still, the same might apply for the reasonable time frame for them to arrange collection.

I asked Gemini and it gave this as it's source. I think 2a and 2b are saying I have 30 days to let them know, but they have 6 months to collect? It does they have no right to ask for money though... I think? (I'm not gonna lie, I don't understand 95% of that legal legislation)

 

[AndyCr15]

Update: I got back from holiday yesterday to find I had a letter from Sky Mobile telling me I owed them £1,128. I called customer service and explained, he was quite relaxed and said he would fill a complaint out and I should hear from someone within 48 hours...

 

[SpellowHouse]

Well, I've called them twice now, that's enough for me to feel I've done my bit. I honestly don't know how long I would wait... at least a year. I wouldn't feel too bad if someone from Sky called me in 13 months asking where it was. Maybe legally I would still be liable though and they send me a 4 figure bill...

Mind you, the definition of theft from a shop is taking something and making no effort to pay. I could probably argue I've made an effort to return it. Them not acting on that is on them?

I didn't read the rest of the thread.

Do not try to hang on to the phone. It's tempting, but you are taking a gamble if you do. The phone does not belong to you.

Write to them explaining what happened and allow them to collect the phone. You should do that twice, a month apart and give them a third month on top to reply. Keep a copy of the letters.

In theory you should wait another three months.

In the mean time, watch out for monthly payments disappearing from your bank.

 

[JamesH85]

Update: I got back from holiday yesterday to find I had a letter from Sky Mobile telling me I owed them £1,128. I called customer service and explained, he was quite relaxed and said he would fill a complaint out and I should hear from someone within 48 hours...

Incredible, after your efforts to chase them and return it, they then want to bill you

is it possible for you to seek info on exactly HOW this account was opened in your name?

 

[AndyCr15]

I didn't read the rest of the thread.

I appreciate your post, but it might have been quicker to read the thread

Incredible, after your efforts to chase them and return it, they then want to bill you

I know. I read dates and times of my efforts thus far to the guy, to make it clear I was recording all my efforts...

is it possible for you to seek info on exactly HOW this account was opened in your name?

I think I did ask during one of the early calls. Was it online? Were they in a shop? Did the phone up? I don't think he could tell me.