Received a duplicate order in their error, now they want payment. Where do I stand?

mangobreeder said:
Did you miss?

However, in the case of unsolicited goods received before 1 November 2000, the recipient is required to give notice to the sender to collect them within 30 days, or otherwise to wait for 6 months, before being able to treat the goods as their own property.
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No but the goods were clearly received after 1 November 2000, so this doesn't apply.
 
Just return the damn thing.

If you want to be a tight arse, simply request them to pick it up off you, citing it as a reasonable request for their mistake.
 
Blackstar_solar said:
OK OK, I can see I'm not going to win anyone over.
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Reg. 24 of the The Consumer Protection (Distance Selling) Regulations 2000 applies here:

24.—(1) Paragraphs (2) and (3) apply if—

(a)unsolicited goods are sent to a person (“the recipient”) with a view to his acquiring them;

(b)the recipient has no reasonable cause to believe that they were sent with a view to their being acquired for the purposes of a business; and

(c)the recipient has neither agreed to acquire nor agreed to return them.

(2) The recipient may, as between himself and the sender, use, deal with or dispose of the goods as if they were an unconditional gift to him.

(3) The rights of the sender to the goods are extinguished.
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Paras (1)(a) and (b) are not satisfied in this case, therefore (2) does not apply.

The goods were not sent to the OP with a view to him acquiring them (they were sent because he had acquired the item in the first instance), and the OP is well aware of that fact. Allowing people such as the OP to keep duplicate items sent in error is absolutely not the purpose of the legislation.
 
Blackstar_solar said:
OK OK, I can see I'm not going to win anyone over.
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Of course not, because you're wrong.

To the OP: Tell them that if they want proof of postage then they either have to pay for it to be sent recorded post, or to arrange for a courier to collect it. You have to make resonable attempts to make the good available for them, and by saying that, you're fulfilling your obligation. Let them decide what to do from there. Tell them that if they want it sent free post, it'll be done without proof of postage, as on unpaid items the only proof you get is a slip of paper stating something was sent and on what date, as far as I remember it doesn't do much more than that, and certainly doesn't have any kind of trackable code for them to follow.
 
Post it without proof of postage, or request a courier.

Depends how close you live to a local post office, I suppose :confused:
 
There are a few ways you can go about this as others have stated.

But the reasonable thing to do would be to ask for postage and packaging to be provided.

Although you stated you were willing to provide packaging then I guess this is all case closed?

I do wonder about those giving advice about storing it and charging a daily fee in doing so until collected, have you actually done this? Whilst you could get away with it I personally wouldn't.
 
.Lethal said:
There are a few ways you can go about this as others have stated.

But the reasonable thing to do would be to ask for postage and packaging to be provided.

Although you stated you were willing to provide packaging then I guess this is all case closed?

I do wonder about those giving advice about storing it and charging a daily fee in doing so until collected, have you actually done this? Whilst you could get away with it I personally wouldn't.
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personally i wouldnt send a package by freepost with no proof of postage either because it could bite you in the butt.

why should you have to take that chance? courier or bin
 
Robbie G said:
What if his nearest post office is 20 minutes drive? Still simple?
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Our OP is at Staffordshire Uni, unless he's not bothering to go to lectures that's not really an issue here, is it?

If that was the case, well, fair dos. Obviously that changes matters. Although, even then, I'd be like "Okay, but I live 20 minutes from the nearest Post Office so you've going to have to wait until I'm near by or send a courier".
 
Stupid thread is stupid. Just pay for it because let's face it in 2 months your going to need to order a new one anyway and probably pay postage on it when you do. It's not like your never going to need another black cart is it ?
 
Personally, I would just tell them to come get it, or 'do one' if it was me - -theres no way I would waste my time taking a parcel to the post office etc. for a mistake like this.
 
Blackstar_solar said:
I disagree, if someone delivered a computer to my house that I didn't order, then I can keep it as a gift.

I think the intent of the law is also to stop companies taking advantage of people when they make a mistake.
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You can disagree til hell freezes over but you are still wrong.

Go pay a solicitor and ask him that.
 
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