unordered package arrived

philhoole · 16 Jun 2009 at 12:42

The City Link label should have the Tracking/ID number on it. Put this into the online tracker and see if it gives any clues as to who shipped it ?

VoG · 16 Jun 2009 at 12:43

Rainmaker said:
Make sure this isn't a "test" purchase on your credit card or similar.

+1. this actually happened to me, tho in my case it was a load of hand tools which randomly turned up, swiftly followed by a bunch of mobile phones bought in store. check your CC company right now.

Rainmaker · 16 Jun 2009 at 12:45

Kenai said:
Can you point me to the relevent bit of law that says this? As I didn't think things were quite so black & white.

Nope, because IANAL

But that's my understanding of it; I didn't say it was professional advice lol From the last massive thread on this issue, I think (but can't say for sure) that the general consensus from people like Fini was that unsolicited goods are classed as a gift, unless they're clearly sent in error (eg addressed to your next door neighbour with the wrong door number on the package). I'll look it up now though.

As I said above, this smells of test purchasing for fraudsters.

Glaucus · 16 Jun 2009 at 12:46

http://www.goldsovereigns.co.uk/unsolicitedgoods.html

From Consumer Direct
Scams
Unsolicited gifts
Some companies send "gifts" such as ballpoint pens, key chains, books or recipe cards through the mail without them being ordered. They just turn up out of the blue.
This is inertia selling. If you're the type of person this company is looking for, you may feel guilty about keeping the item without paying for it. Don't feel guilty! It's yours, and you are under no obligation to pay anything if you did not order the goods.
You may advise the sender in writing that you don't want the goods and say where they can be collected. However, a consumer is under no obligation to do so. Under the Consumer Protection (Distance Selling) Regulations 2000, it is a criminal offence to demand payment for unsolicited goods from a consumer. Any goods delivered can be kept, for free, by the consumer.
The position is a little different when unsolicited goods are received by a business. In this case, the recipient should notify the sender (registered mail is recommended) that the goods are not required and will not be paid for, and to say where they can be collected. The business recipient is required to keep the goods safe for a period of six months. If they are not collected within this time, the recipient can dispose of the goods as they see fit.
If you have received an unsolicited gift and are unsure how to proceed, call Consumer Direct for advice.
This factsheet is intended to provide general information only, and should not be taken as a full statement of the law on this subject. Phone your local Consumer Direct centre, or contact an alternative consumer support service if you need further or more detailed advice.

Rainmaker · 16 Jun 2009 at 12:47

Kenai said:
Can you point me to the relevent bit of law that says this? As I didn't think things were quite so black & white.

Yep, here we go:

It is widely thought that if you receive unsolicited goods which are addressed to you, followed by a demand for payment for the goods, you are required to return the goods or make them available to be collected. This is not the case. The law was changed from 1 November 2000. Prior to that time, you were required to give notice to the sender, requiring them to collect the goods within 30 days, or otherwise to wait for 6 months, before being able to treat the goods as your own property.

As the law stands now, you have no obligation to return unsolicited items or to pay for them and can treat them as your property on receipt. Under the Unconditional Goods and Services Act 1971, as amended, it is an offence for anyone to send unsolicited goods and then to demand payment for them, or to demand payment for an unsolicited entry in a trade directory.

Taken from Oliver Fisher solicitors (UK).

ZXSpectrum · 16 Jun 2009 at 12:48

Have you bought a Sony TV lately? Maybe there was a free br player and movies with the package you didnt know about?

stoofa · 16 Jun 2009 at 12:48

The rules on unsolicited goods changed not so long ago - basically they are yours after a certain number of days.
You don't need to inform them of the mistake - they have to realise they messed up and arrange collection from you.

Basically for safety I'd keep it sealed for 28 days.
If after that time nothing has been said then a nice free gift for you.

ElliorR · 16 Jun 2009 at 12:49

Whilst fraud cannot be ruled out the fact that 5 films came with the player, and no receipt or anything, and pretty much all companies include a consignment note/receipt within the packaging, I do wonder about having won a competition. Hopefully its that simple for him.

MeatLoaf · 16 Jun 2009 at 12:49

This reminds me of that thread where someone sent a GFX card to the wrong person. That parcel was addressed to the person who signed for it and he ended up having to pay for the card after he supposedly sold it at a car boot sale

Rainmaker · 16 Jun 2009 at 12:50

stoofa said:
The rules on unsolicited goods changed not so long ago - basically they are yours after a certain number of days.
You don't need to inform them of the mistake - they have to realise they messed up and arrange collection from you.

Basically for safety I'd keep it sealed for 28 days.
If after that time nothing has been said then a nice free gift for you.

Not according to Consumer Direct or the solicitor I quoted above? They say they're 100% your goods to keep on delivery, no need to inform the company or return them - you own them.

Strife212 · 16 Jun 2009 at 12:50

If its actually adressed to you, just keep it

Glaucus · 16 Jun 2009 at 12:51

stoofa said:
The rules on unsolicited goods changed not so long ago - basically they are yours after a certain number of days.
You don't need to inform them of the mistake - they have to realise they messed up and arrange collection from you.

That's only if it is a mistake. for example they ship your order twice and in that case, you do need to contact them. if they don't arrange collection then they become yours.

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

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.

But as said check your cards as it could be a mistake. But that doesn't explain no invoice.

Kenai · 16 Jun 2009 at 12:56

I'm still unsure of what technically under law makes the difference between unsolicited goods and a mistaken delivery.

I didn't think they were the same and I didn't think the USGA could be applied universally like that.

Glaucus · 16 Jun 2009 at 12:58

Kenai said:
I'm still unsure of what technically under law makes the difference between unsolicited goods and a mistaken delivery.

As consumer direct says ‘out of the blue’. Ie you haven't ordered something and they have simply made a mistake shipping it twice or giving you the wrong product.

There is no invoice, he has not ordered anything recently.

eg. If I ordered a 19" monitor from ocuk and they sent me two by mistake I would have to contact ocuk and inform them. it is up to them to collect it. If I ordered the seam monitor but they delivered a £3k 30" panel by mistake, the same applies.

However If I do not order anything from ocuk and they just randomly send me a monitor, then that is unsolicited and you can keep it.

"andy" · 16 Jun 2009 at 13:02

Dj_Jestar said:
check your debit card statements. Most companies (and banks) will refuse delivery to anything other than the registered billing address for first purchases. It may be that someone has used your card to order themselves a blu-ray drive whilst masquerading as you.

this

once theyve done a purcahse from the company they can change the delivery address to for example theyre own address for the next purchases

Kenai · 16 Jun 2009 at 13:04

AcidHell2 said:
As consumer direct says ‘out of the blue’. Ie you haven't ordered something and they have simply made a mistake shipping it twice or giving you the wrong product.

There is no invoice, he has not ordered anything recently.

eg. If I ordered a 19" monitor from ocuk and they sent me two by mistake I would have to contact ocuk and inform them. it is up to them to collect it. If I ordered the seam monitor but they delivered a £3k 30" panel by mistake, the same applies.

However If I do not order anything from ocuk and they just randomly send me a monitor, then that is unsolicited and you can keep it.

What if you ordered a monitor from OcUK 3 months ago and then due to a packing machine cocking up or something they sent you a graphics card now?

Would that be unsolicited or a mistake?

Tom0 · 16 Jun 2009 at 13:04

Good grief man, you've had several examples of how its yours in the eyes of every law possbile.

PLUG IT IN AND GET WATCHING.

Duke · 16 Jun 2009 at 13:06

I want a free gift through the post

Glaucus · 16 Jun 2009 at 13:10

Kenai said:
What if you ordered a monitor from OcUK 3 months ago and then due to a packing machine cocking up or something they sent you a graphics card now?

Would that be unsolicited or a mistake?

Not entirely sure but it would be out of the blue and it should still have an invoice.

harryc05 · 16 Jun 2009 at 13:17