Odd situation with online retailer (John Lewis)
- Thread starter ZXSpectrum
- Start date
Soldato
Exactly, stolen phone is a stolen phone. If it doesn't get refunded, just do a chargeback with the email as proof
Appropriate username is appropriate.
No, the OP did order the phone and it's clearly a mistake that it has been sent out after they tried to cancel it. No judge is going to rule in the OP's favour if they try to claim unsolicited goods in this case
If they don't refund you, keep it and use it. You bought it at the price advertised.
If they do refund you, i would probably not open it and keep it for a good few months and wait to hear from them ( I wouldn't contact them). If you don't hear anything for ages, then i'd just use it or sell it.
It is entirely their problem if they have refunded you but still sent you the item, and i'd be expecting them to contact me and arrange collection of it if they want it back.
If they do refund you, i would probably not open it and keep it for a good few months and wait to hear from them ( I wouldn't contact them). If you don't hear anything for ages, then i'd just use it or sell it.
It is entirely their problem if they have refunded you but still sent you the item, and i'd be expecting them to contact me and arrange collection of it if they want it back.
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No, the OP did order the phone and it's clearly a mistake that it has been sent out after they tried to cancel it. No judge is going to rule in the OP's favour if they try to claim unsolicited goods in this case
But if they did refund him and still send him it, it would surely be entirely on John Lewis to sort it all out, contact the OP and arrange a free collection when convenient for him.
It isn't his problem in the slightest that they ****** up.
It isn't even like it was even that obvious a price mistake either. Prices for everything these days change like the wind and are fairly nebulous (especially for consumer electronics and phones etc). I'd think absolutely nothing of an old gen £300 phone being £70 cheaper than other places in a promotion.
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From my position, i wasn't aware it was a pricing mistake when i got it as i know they had just announced the 8a so thought he bottom had dropped out on this phone. Its not as if i have purchased it knowing it was incorrect and was going to sell for a profit, my mum doesn't have a great deal and thought it would be nice to get her a new phone for her birthday as she liked the old 2xl that i gave her but when the battery started to get really bad i gave her a new Motorola E30 i had that wasn't being used. She has had that a couple of years and although working it had its issues and she said she preferred the pixel she used to have.
Anyway, they have taken payment, they have not refunded me and although they sent an email saying the order had been cancelled i still got a despatch notification AFTER and i received the product so i can only surmise that the cancellation email had been sent by mistake and they have completed the transaction. I have also not received any further contact from them.
I have already opened it as i need to get her google account on it and transfer her stuff over for her birthday and i have already bought her a new case.
So that's how i am going to leave it, if something else transpires i will update.
Anyway, they have taken payment, they have not refunded me and although they sent an email saying the order had been cancelled i still got a despatch notification AFTER and i received the product so i can only surmise that the cancellation email had been sent by mistake and they have completed the transaction. I have also not received any further contact from them.
I have already opened it as i need to get her google account on it and transfer her stuff over for her birthday and i have already bought her a new case.
So that's how i am going to leave it, if something else transpires i will update.
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There's a difference between 'onus on them to sort out the **** up' and 'it's unsolicited goods they're legally not allowed to ask for money'
Where does that end though? Say for example there had been a gap of 3 months?No, the OP did order the phone and it's clearly a mistake that it has been sent out after they tried to cancel it. No judge is going to rule in the OP's favour if they try to claim unsolicited goods in this case
Or if you order 3 of something and afterwards they send a 4th?
Where does it switch between being an error with an existing order to being sent goods you didn't ask for? I assumed the contract ended the moment they cancelled it, hence why I thought it might come under unsolicited goods.
Where does that end though? Say for example there had been a gap of 3 months?
Or if you order 3 of something and afterwards they send a 4th?
Where does it switch between being an error with an existing order to being sent goods you didn't ask for? I assumed the contract ended the moment they cancelled it, hence why I thought it might come under unsolicited goods.
I don't think there's any time limits, it's about whether there's any indication you did or didn't ask for something to be sent to you
Soldato
Where does that end though? Say for example there had been a gap of 3 months?
Or if you order 3 of something and afterwards they send a 4th?
Where does it switch between being an error with an existing order to being sent goods you didn't ask for? I assumed the contract ended the moment they cancelled it, hence why I thought it might come under unsolicited goods.
Well, that would be for a judge to decide really (if the retailer decided it was worth their while taking it to that stage).
There's obviously a difference between an admin error causing fulfilment of an order which was supposed to be cancelled, or sending out the same order twice, vs sending out a random item 10 years later, and there's definitely a grey area between those 2 extremes, but do you honestly believe that this situation falls under that grey area?
It isn't so far. It will be if they get in contact with him to recover the phone/take the payment (assuming they do refund the original payment) and he refused to cooperate and starts quoting legislation at them which probably doesn't apply.
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Soldato
How often does that even happen? One time my partner made a clothes order, pretty cheap (probably less than £10 per item) and they sent an additional item which she didn't order. We did what was right and contacted the company to highlight and they asked us to return it. Honestly for such a little amount, I was expecting them to say keep it.
Soldato
Like I said, spin it how you want if it makes you feel better, plenty of dishonest scumbags in the world, so hardly surprising to find some on here
If they refund the OP, later realise, and ask for payment or the phone back and he tells them he hasn't got it, that's theft.
"A person who by any deception dishonestly obtains property belonging to another, with the intention of permanently depriving the other of it, shall on conviction on indictment be liable to imprisonment for a term not exceeding ten years."
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Interestingly there is a thread on reddit legaladviceuk where someone had a double delivery and CAB said it was unsolicited goods. But it caused a fair amount discussion whether it would or wouldn't be. This comment had me nodding though
Yes TBH. My cut off point would have been the bit where they had cancelled it as I originally said. If they'd sent it and then cancelled it - different story, but they didn't.
I've ammended my original post with a strikethrough, since you quoted it I thought I'd give you a heads up
Soldato
Not sure I'd trust the CAB's word much based on my dealings with them to be honest!
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Yea I think there were mixed feelings on the reddit thread about them too
I suppose like with most things - it depends who you get.Yes, it is dishonest and tantamount to theft if you lie about whether you received an item in this situation when asked.
I do not see anything morally or legally wrong with simply saying nothing and keeping the item in the delivered condition for a reasonable amount of months to allow them to contact you and arrange collection. If they do not, i don't think there is anything wrong with doing with the item as you want if you have given the retailer a reasonable amount of time to collect it/fix their error.
It absolutely should not be the consumer's task to lift a single finger towards giving back something that was sent in error. I do agree that obviously if the retailer was to arrange a free collection of the item, you should not lie about having it and allow them to collect it (assuming you have received a refund if the case/situation is similar to the OP's).
I do not see anything morally or legally wrong with simply saying nothing and keeping the item in the delivered condition for a reasonable amount of months to allow them to contact you and arrange collection. If they do not, i don't think there is anything wrong with doing with the item as you want if you have given the retailer a reasonable amount of time to collect it/fix their error.
It absolutely should not be the consumer's task to lift a single finger towards giving back something that was sent in error. I do agree that obviously if the retailer was to arrange a free collection of the item, you should not lie about having it and allow them to collect it (assuming you have received a refund if the case/situation is similar to the OP's).