received goods not ordered what to do?

goreblast · 17 Jul 2009 at 12:57

Hi

This is not about OcUK firstly.

The shop I work in received a box of toners from a company we had never heard off. We nor anyone connected to the company ordered said items. We have been in contact twice (both more than 2 weeks ago) telling them we didnt order and could they uplift, twice they have said they would within the week get it picked up, but no courier.

I think I have tried all reasonable methods to get them to collect the goods etc. At what point do these items become ours? Ie possession is 9/10 of the law.

What to do?

LOAM · 17 Jul 2009 at 12:59

They are no doubt classed as unsolicited goods, but could also be a clerical error, be on the safe side, write to them (sent recorded) saying they have X number of days to collect, after that time they will be auctioned and proceeds given to a local charity

Rotty · 17 Jul 2009 at 13:00

there is a time point when they become an unsolicited gift, not sure when that is though

Mr Jack · 17 Jul 2009 at 13:40

I believe it's six weeks.

Al Vallario · 17 Jul 2009 at 14:11

The Consumer Protection (Distance Selling) Regulations 2000 state that unsolicited goods which have not been ordered and are sent ‘out of the blue’ can be treated as an unconditional gift; in other words, you can keep them or dispose of them as you wish. The Regulations make it a criminal offence to demand payment or threaten legal action to obtain payment for unsolicited goods or services.

However, it is advisable that you write to the trader, obtaining proof of postage, stating that you have received an unsolicited item that you are aware that you are entitled to keep this item as a gift, but that you are giving the trader the opportunity to arrange collection within 14 days at his/her expense. Although you do not have to do this, we recommend it in order to avoid future attempts to secure payment.

— http://www.consumerdirect.gov.uk/after_you_buy/making-complaint/template-letters/DSR_unsolicited/

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.

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.

— http://www.berr.gov.uk/whatwedo/consumers/buying-selling/unsolicited/index.html

JBuk · 17 Jul 2009 at 14:13

Have they tried to invoice your company?

unknownsock · 17 Jul 2009 at 14:19

Companies have done this to the sign company i work for before, then say we've send you it, now pay up.
Just leave them outside, you never ordered them, so you are not connected with them what so ever. Its the responisibility of their own.

Or it could be an error i guess..