Just Received an iPhone I Didn't Order

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?
 
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.
Click to expand...
 
AndyCr15 said:
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?
Click to expand...

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.
 
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)
 
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...
 
AndyCr15 said:
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?
Click to expand...

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.
 
Last edited:
AndyCr15 said:
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...
Click to expand...

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

is it possible for you to seek info on exactly HOW this account was opened in your name?
 
SpellowHouse said:
I didn't read the rest of the thread.
Click to expand...
I appreciate your post, but it might have been quicker to read the thread :p
JamesH85 said:
Incredible, after your efforts to chase them and return it, they then want to bill you :cry: :cry: :cry: :cry:
Click to expand...
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...
JamesH85 said:
is it possible for you to seek info on exactly HOW this account was opened in your name?
Click to expand...
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.
 
To update further. On Saturday I received a letter from a debt collection company saying I owed £64 (one or two months line rental perhaps? If so, what happened to the cost of the phone?) I called them and the lady was very helpful and asked me to report the issue to Action Fraud. They would give me a Crime Reference number which I should feeb back to the debt collection company, who would then go back to Sky and hopefully close this all off.

I can imagine Sky might reply 'Don't close anything, he has our phone!' Yes, I bleedin' do! Come get it please!
 
That's not good. What about your credit, what if it gets to court and CCJ etc? This getting sorted is reliant on Sky, Debt company etc.

What a crap situation through no fault of your own.
 
Id contact sky and request all phone recordings they have with your interactions and if they continue playing silly buggers with you and wanting to charge you for something that they have said they would collect you will take them to court if they take any actions against you.
 
AndyCr15 said:
To update further. On Saturday I received a letter from a debt collection company saying I owed £64 (one or two months line rental perhaps? If so, what happened to the cost of the phone?) I called them and the lady was very helpful and asked me to report the issue to Action Fraud. They would give me a Crime Reference number which I should feeb back to the debt collection company, who would then go back to Sky and hopefully close this all off.

I can imagine Sky might reply 'Don't close anything, he has our phone!' Yes, I bleedin' do! Come get it please!
Click to expand...

Did you ever do extensive credit history checks? In theory the fact it's in your name and they're coming after you for it means there must be an entry on your credit file for it.

I do wonder if the correct course of action when you first noticed the phone delivered to your name was to log a case with action fraud - might have at least given you some strong evidence that you tried to do something about it as soon as it happened.
 
alphaomega16 said:
Id contact sky and request all phone recordings they have with your interactions and if they continue playing silly buggers with you and wanting to charge you for something that they have said they would collect you will take them to court if they take any actions against you.
Click to expand...
An interesting idea. Even maybe the GDPR angle as they're not allowed to store incorrect info on me?
Semple said:
I do wonder if the correct course of action when you first noticed the phone delivered to your name was to log a case with action fraud
Click to expand...
I did say to them, why in two months had no-one told me about this? It took a third party to tell me I needed to do it.
 
Finally had a call from Sky Mobile Risk (again, during work hours, which I'd asked them not to do... just as I was starting my annual review no less, but took the call as I didn't want to wait another 2 months) and they were very apologetic and say they are sending a package out to me to use to send the phone back. Apparently, they are rushed off their feet as this scam has been a pretty huge one.
 
Fingers crossed that's the last of it. If not, I'd start invoicing them "admin fees" for every contact you need to deal with. Make sure you document everything, and if it does end up going to court, you should have a good case for a counter claim to compensate you for the time you've had to waste resolving it.
 
You must log in or register to reply here.
Back
Top Bottom