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Can we keep goods sent in error?
I ordered some music equipment for my son's band back in November 2006. (speakers/amps/microrphones etc) - total of the order came to over £900.
At the time, the company confirmed that everything was in stock and would be despatched within the week. To cut a VERY long story short, it actually turned out that half the items were not in stock, and they would not send the order until they had all the items. Then when the missing items came into stock, they hadn't got the original items because they'd despatched them elsewhere! This saga went on for months - I made numerous phone calls, sent emails. The company was always very apologetic, but they seemed highly disorganised and didn't seem to know what on earth was going on most of the time.
Eventually they had everything in stock apart from two speaker cabs. As they'd messed around so much, I asked them to send the part order - which they did (this was in January). It then took a further month, and loads of phone calls to get any joy on when the speaker cabs would be delivered. They finally came last week.
However, along with the speaker cabs were two amps (duplicates of the ones we had already received). My son is very keen just to keep the amps and put it down to the company's mistake. Although I accept the fact that the company messed us around a lot, delayed delivery etc - it just seems dishonest to keep the amps (worth a few hundred quid), and I just think we should own up and get them to arrange to have them sent back.
Should say at this point, that each time I had to sign the delivery slip for the parcels - but there was no picking list with either the first or the second delivery.
Does anybody know what the Consumer Law would be on something like this. Are we committing a crime if we keep the amps - or is it the company's mistake, and therefore our gain?
Any advice gratefully received.
At the time, the company confirmed that everything was in stock and would be despatched within the week. To cut a VERY long story short, it actually turned out that half the items were not in stock, and they would not send the order until they had all the items. Then when the missing items came into stock, they hadn't got the original items because they'd despatched them elsewhere! This saga went on for months - I made numerous phone calls, sent emails. The company was always very apologetic, but they seemed highly disorganised and didn't seem to know what on earth was going on most of the time.
Eventually they had everything in stock apart from two speaker cabs. As they'd messed around so much, I asked them to send the part order - which they did (this was in January). It then took a further month, and loads of phone calls to get any joy on when the speaker cabs would be delivered. They finally came last week.
However, along with the speaker cabs were two amps (duplicates of the ones we had already received). My son is very keen just to keep the amps and put it down to the company's mistake. Although I accept the fact that the company messed us around a lot, delayed delivery etc - it just seems dishonest to keep the amps (worth a few hundred quid), and I just think we should own up and get them to arrange to have them sent back.
Should say at this point, that each time I had to sign the delivery slip for the parcels - but there was no picking list with either the first or the second delivery.
Does anybody know what the Consumer Law would be on something like this. Are we committing a crime if we keep the amps - or is it the company's mistake, and therefore our gain?
Any advice gratefully received.
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Comments
Hello Jennie,
There is a clear understanding in law here.
Let's not split hairs, you are liable for the Amp's safe and reasonable keeping untill such time as you have given the rightful owner reasonable notice and reasonable oppotunity to collect that goes for unsolicited goods or any sent in error.
For example, you order your brand new BMW Mini, the transporter arrives and instead of one it delivers two to your driveway.
Are you saying your unclear as to what you would have to next.
If you keep those amps you are liable for there full replacement value to the owner and tho' unlikely you could be reported for theft, it's remote I agree.
Reasonable collection of unsolicited goods from time of notice is I think 7 days not including weekends or bank holidays, goods sent in error is a little longer but the sender has to expidite collection or you are well within your rights to charge reasonable storage.
With unsolicited goods after such given notice, the goods are yours, with goods sent in error, I think you have to give notice to dispose.
If you come home and find 2 washing machines on your front porch in stead of the one as ordered is the spare yours?
Do the right thing, give notice and/or arrange collection.
Hope you get to keep them
Good luck
If I heard nothing more about them for, say, 6 months then it would be time to shove them on eBay.
Correct in the world of Law. Reality is a whole different ball game. Unless the extra Amps have been signed for, I don't see how the company could prove their error.
Whether the OP sends them back or keeps them is down to them. Many people would and many people wouldn't. If you do keep them tell no one.
Trusted my gut instincts and have just rung the company and told them what happened. Got some cheerful chap who just sounded a bit taken aback, said he wasn't sure what to do and that he'd check and get back to me. So - have done the right thing - but of course hoping that they run true to form, and act with their usual disorganisation and never bother to contact me again.
Yep, good ones - Marshall.
Hello Stud
Your right they can't, unless there is two of them, however and I have known this, the delivery man was accused of theft.
You did the right thing - I like an honest consumer
The woman at the office just told my mum to keep them or to sell them as they were obviously never going to figure it out themseleves!
I would send it back.