Whats the law regarding a company sending more than has been ordered.

robjf

robjf

robjf

Soldato
Joined
31 Oct 2003
Posts
4,566
Location
Derby, UK
Right bit of a long story here, bear with me :).

I had an upgrade with o2 and so i got on the blower to them and ordered a new mobile phone. The initial order went through fine so i was happy and was told it would take a day or 2 to arrive, fair enough. The day following the order i gave O2 a call to ask what the tracking number was as i hadn't been emailed it as promised. Having got the tracking number i checked on the couriers site and misread what the site said.

So i called them up again and said that i didnt understand what the tracking page meant. The upgrade adviser person checked for me and agreed that the order looked odd saying that 'this has happened before and the product gets sent back to the warehouse for no reason'. So she kindly orders me another phone.

The next day the courier arrives with 2 packages which i sign the form for. I thought this was all fine so far as the phone came with a free GPS kit as well. Having taken everything inside i open one box and find the phone and gps kit in and the other box has just the phone inside.

Now i intend to give them a ring to get o2 to come pick it up but what is the law regarding this. Can they charge my account if they discover the mishap?

Thanks for any advice, curious to know what my position is on this.

Rob :)
 
Yeh ive kept it fully packaged as i received, hasnt been touched whatsoever. So they charge my account then ask for it back, have they got any period of time in which they have to give me should they ask for it?
 
You say you are going to phone them up to collect it, but then you are looking for ways of keeping it :confused:

Do you want to keep it or send it back?
 
If it counts as unsolicited goods then you can keep it for free.

However, as you phoned them up and agreed that another one was to be sent, I'm not sure whether or not it is classified as unsolicited goods.
 
Don;t want to run the risk to be honest and might just wait for them to contact me. Just want to see what the law is regarding this situation. Selling it is the last thing on my mind as i wouldnt be able to pay for it if requested and would not be worth the hassle at all!!

markyp23 said:
If it counts as unsolicited goods then you can keep it for free.

However, as you phoned them up and agreed that another one was to be sent, I'm not sure whether or not it is classified as unsolicited goods.
Click to expand...

Yes, i presumed that they will surely have records regarding all of this they will eventually see that another was sent.
 
Unsolicited goods are anything sent to you without your consent/knowledge and are then expected to pay for it.

The OP ordered the phone and when the tracking page displayed a problem had another sent. This is not unsolicited good. Its a **** up :p
 
Yup its a messed up order which to be fair is partly my fault. What i dont understand is why the girl was so eager to send another one out.
 
robjf said:
Yup its a messed up order which to be fair is partly my fault. What i dont understand is why the girl was so eager to send another one out.
Click to expand...

She said it has happened before and the phone is usually sent back. So she ordered a second one thinking the same thing would happen. No mystery. All the details are in your own post :p
 
SiriusB said:
She said it has happened before and the phone is usually sent back. So she ordered a second one thinking the same thing would happen. No mystery. All the details are in your own post :p
Click to expand...

Oh sorry, when i said she was really eager to send another one out, i thought maybe she was doing it to get comission or something.

So can i assume that by leaving it boxed up in my room i have nothing to worry about?

Rob







PS when can i sell it :p
 
Ive just had a look in the box for the order note which it came with and it is listed as 'Replacement Order'. From their point of view does that mean they actually wrote the first order off?
 
malfunkshun said:
Meh, you signed for both, they will ask for one back sooner or later, or bill you for two.
Click to expand...

Yeh see i would have thought i would have to sign for 2 as they were seperate orders, i only signed for 1 package as far as im aware. To be honest i wasn't paying attention at the time.
 
It looks to me as though you want to keep the phone and are asking how likely you are to get away with it.

I would call it theft if you keep it, because you know that phone does not belong to you.
 
Yeh i can see its not a good idea either way and my guilty concience will most likely get the better or me. I presume if i call theyll arrange someone to pick it up?
 
this happened to me with bikes lol

they sent the wrong one... we rang them and they said theyd send the correct one out ASAP , so they did

rang them up to remind them we still have the wrong bike here, they said the courier would come and collect it. they didnt...

rang them again a week later and asked when they where coming to collect it.... "tommorow" , they never came

about 4 years on and they still havent showed up :p lol
 
robjf said:
Yeh i can see its not a good idea either way and my guilty concience will most likely get the better or me. I presume if i call theyll arrange someone to pick it up?
Click to expand...
They certainly should - you shouldn't have to go to any trouble to correct their mistake.

I once had a company send the wrong disc out. I phoned them...and they sent the right disc out and told me I could keep the other one with their apologies for the mistake! That was nice.
 
You must log in or register to reply here.
Back
Top Bottom