Should I send it back?

whitewash

whitewash

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a quick question folks,

I ordered something off ebay the other week and when it arrived I actually ended up with two identical parcels as they appeared to have sent the shipment twice.

I have subsequently recieved an email from the shop asking me to return the duplicate item.

Am i legally required to sent the item back?, the email wasnt particularly polite ("either post the item back or pay for it" is the general gist). part of me thinks i should be the good upstanding citizen and post it back, the other part of me thinks "sod it, he should be a bit more organised!"

thoughts appreciated.

Jamie
 
i have to agree send it back
 
I can't believe you're even asking this question! No wonder the social morals of this country are going down the pan with attiudes like this.

You know it's a mistake, it's not yours and you havn't paid for it so what gives you the right to keep it?
 
He should cover the postage though... god knows it costs enough to post stuff these days.
 
Get them to send you postage costs first or a courier to collect it.
 
You should send it back on moral groundsm but i'd be sending an equally snotty email back pointing out that seeing as it was THEIR error, it is up to them to organise a courier to come and collect it.
 
I agree. Tell them it was their mistake so either send a courier to collect it or pay the postage for you to send it back. But either way its not yours so it has to go back.
 
im asking it bacause i wasnt sure on the legalities of whether I had to sent it back or not. i was also quite taken aback at how rude the email asking for it back was, which sort of made me think sod it, why should i go out of my way to post it back at my expense in the hope that it is refunded.

thank you for making a character judgement based on the post above as well admirable, i think i made it quite clear in the post that i was unsure of the legalities and a bit narked off at the attitude in the email, i do not have poor social morals, I'm just unsure as to what I was legally obliged to do. its now quite clear that i need to post it back (which i what i was incredibly likely to do anyway tbh)


thanks


jamie
 
I believe that this could be technically classed as theft (can't remember the exact legal term) so probably best to send it back although well within your rights to ensure it costs you nothing to send it back.

Also might be worth pointing out how rude you found their email too ;)
 
Its not classed as theft as they sent it to him. If he kept it then that would be classed as theft.

Get them to pick it up
 
antihero said:
You should send it back on moral groundsm but i'd be sending an equally snotty email back pointing out that seeing as it was THEIR error, it is up to them to organise a courier to come and collect it.
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Yep....What Paul said.
 
Take a look at the theft act 1968 tells you all about it in there.
 
If they refuse to pay for a courier or your costs in sending it back then i would keep it until they do cough up.
 
Theft act 1960 c60 5:4

(4)Where a person gets property by another’s mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds.
 
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samems said:
Its not classed as theft as they sent it to him. If he kept it then that would be classed as theft.

Get them to pick it up
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No **** Sherlock! :clap:

Obviously the fact that he received it isn't theft but hence my advice to send it back so it doesn't become theft!
 
As viv1969 has posted her version from 1960 save me doing the same from 1968 lol

I think the reason viv got a bit upset with you is the fact your original post has the term..Am i legally required to sent the item back?,

It made it sound like you wanted to keep it and not get in trouble for it. Im sure you didnt mean it the way it was typed though. :thumbs:
 
viv1969 said:
Theft act 1960 c60 5:4

(4)Where a person gets property by another’s mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds.
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According to the Unsolicited Goods and Services Act 1971 the OP is under no such obligation, does not legally have to pay for or return the goods, and can treat them as a gift.
IMO it would be the right thing to do, to offer the company an opportunity to collect (at their expense) the second item, but they don't have to put themselves out in any way to facilitate this
 
Before I start, I must point out that I am not legally trained :)

However, I remember watching an episode of "Don't get Done Get Dom" on the TV where a situation similar to this was discussed.

My understanding of this situation would be that the duplicate could be considered an "unsolicited item", and as such, there is no legal responsibility to return the item at all.

See http://www.bis.gov.uk/policies/consumer-issues/buying-and-selling/unsolicited-items

That being said, I would feel guilty about keeping the item, but would expect the company concerned to pay for, and organise, the collection of the item.

Dave.

Damm - Beaten to it by Vicky !
 
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If it was delivered by Royal Mail, mark it as Return to Sender and stick it back in the post.
 
if i was you send them a snotty letter back to arange collection of the item tell them to stump up for what level of cover they want as you hold no responsibility for it getting back to them as what happens if it goes missing in the post or gets damaged

make sure they know that you take no responsibilty for damages or loss of the item
 
Tori_T said:
According to the Unsolicited Goods and Services Act 1971 the OP is under no such obligation, does not legally have to pay for or return the goods, and can treat them as a gift.
IMO it would be the right thing to do, to offer the company an opportunity to collect (at their expense) the second item, but they don't have to put themselves out in any way to facilitate this
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But surely the goods are solicited, as the OP ordered one. The ebay shop was stupid and sent 2. A mistake I am sure.

I would say return them, but get them to cough up for postage / courier (depending on the cost of the item, they may choose to do either or neither)


Oh and whoever mentioned slander above - no it was not slanderous - as nothin gabout one particular individual.
 
Lynton said:
But surely the goods are solicited, as the OP ordered one. The ebay shop was stupid and sent 2. A mistake I am sure.

I would say return them, but get them to cough up for postage / courier (depending on the cost of the item, they may choose to do either or neither)
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Therefore the second is unsolicited.
 
did you sign for it? If they have proof you recieved it then yes send it back.

If not then just say you never recieved it and let them learn a lesson to be better organised.
 
As Admiable posted, this shouldn't even be open to debate. Anyone with a modicum of common sense or decency should realise that it was sent in error.

The snotty email is no doubt as a result of having to chase similar items.

If you keep the item then you commit the offence of theft.

Return the parcel and ignore the snotty email.

Andy
 
Keebsuk said:
As Admiable posted, this shouldn't even be open to debate. Anyone with a modicum of common sense or decency should realise that it was sent in error.

The snotty email is no doubt as a result of having to chase similar items.

If you keep the item then you commit the offence of theft.

Return the parcel and ignore the snotty email.

Andy
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Return it yes. But only when they cough up the postage costs or send a courier. No need to be out of pocket is there
 
Email them with this first. Fill in the blanks before you email it though :)

Dear Sir or Madam,

Consumer Protection (Distance Selling) Regulations 2000

On the......... I received from you: A ..........................

I would like to make it clear to you that I did not order these goods and they are therefore unsolicited.

I will make the goods available for you to collect at your expense in the next 14 days, but after this time I will treat the goods as my own.

Please contact me to arrange collection.
 
What did the email say? Requesting the item be returned or payed for is not in itself snotty, it would depend on the wording.
 
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it would really depend on who the company were and what the item was. Someone I know got sent two macbooks from apple once and never asked for the extra one back. Since they didn't ask, he didn't send and he made a tidy profit on ebay.

A struggling small company would get different treatment from me than a big successful one if I am being honest
 
IMHO Let them know its available for collection, they can send a courier etc. If they want you to post it make sure they stump up your expenses first (which in my book is cost of postage +£25 to cover my time of getting it to the post office).
 
In the spirit of honesty I'd say "you're welcome to have it back, let me know when you want to come and collect it, or furnish me with the means to send it back entirely at your expense".


/puggie said it too. ^
 
MFI once sent me half a cupboard or somthing by accident. I told them it was in the shed if they wanted it, 2 weeks of no contact and it found it's way to the recycling centre
 
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