Should I send it back?

[Keebsuk]

but if the company does it on a constant basis how does that excuse them being snotty to customers when it's their own fault?

Agreed but, if they have a high turnover, I would think its a fairly frequent occurrence.

I do agree that there is no substitute for politeness.

On a similar note, I ordered a CPL filter from Amazon which failed to turn up. A replacement was sent out and, 2 weeks later, the original turned up.

I contacted the sender and returned the filter which cost about £7. The sender reimbursed me on receipt of the filter. I was out of pocket for a day or two but so what?

All this nonsense about holding on to the parcel until a courier is sorted is way OTT. Talk about "mountains and mole hills"!

Andy

 

[pepi1967]

All this nonsense about holding on to the parcel until a courier is sorted is way OTT. Talk about "mountains and mole hills"!

Why is it? Why should he be out of pocket even for a day? If they want it they can fetch or pay for the post first.

What if he sends it back and they dont give him the postage back? Why should he be out of pocket because they messed up?

 

[Russ77]

Ok, maybe not slander but childish then. :baby:

Try libel and you're getting warm but I'd guess childish is a word you're probably more familiar with :nuts:

 

[Lynton]

Therefore the second is unsolicited.

Not quite.

If I order a t shirt and 2 are sent - both could be considered solicited and a mistake on the senders part.

If company x sends me a t shirt without me ordering then yes unsolicited.

 

[viv1969]

All this nonsense about holding on to the parcel until a courier is sorted is way OTT. Talk about "mountains and mole hills"!

Andy

Have read through but can't recall any mention of how large this item is?
I'm all for being fair and returning the item, but if it's huge or heavy then they certainly can arrange a courier at thier own expence. If it's a memory card (for example) then stick it in an envelope and whack a stamp on it.

 

[Dave *]

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.

Best advice on the thread, let them organise the courier, no mountain or molehill, it means they are then responsible for the carriage, if the OP sends it back and it goes missing it would be his problem to chase and claim.

Do not just stick a stamp on and post it back or mark it "return to sender", as neither will give you proof you have returned it, and so would still be liable for the item.

Give them a reasonable time period in which to collect, and ensure they use a service that will make an appointment to collect (unless you don't mind wasting an entire day for the courier to arrive to collect).

After that, if they don't collect, stick it in the loft for six months, just in case they get silly and try and sue.

 

[Keebsuk]

All this nonsense about holding on to the parcel until a courier is sorted is way OTT. Talk about "mountains and mole hills"!

Why is it? Why should he be out of pocket even for a day? If they want it they can fetch or pay for the post first.

What if he sends it back and they dont give him the postage back? Why should he be out of pocket because they messed up?

Scott, if the roles were reversed, would you be quite so vocal? My guess is no.

The company made a mistake and the OP now has property, that unless is paid for, doesn't belong to him. The "right and honest" thing is to return the item unless he intends to purchase. Anything less is dishonest and unfair which ever way you try to paint it.

Andy

 

[joescrivens]

Scott, if the roles were reversed, would you be quite so vocal? My guess is no.

The company made a mistake and the OP now has property, that unless is paid for, doesn't belong to him. The "right and honest" thing is to return the item unless he intends to purchase. Anything less is dishonest and unfair which ever way you try to paint it.

Andy

totally disagree

Its the companies responsibility to correct their mistake at no inconvienience to the OP. If they want the item back they should come and get it. Why should the OP be inconvienienced at their mistake?

I used to deliver milk, if we put too much milk at someones house it was our responsibility to go back to the house and collect it, not ask them to pay for it to be sent back to the dairy, whereby we would refund it.

 

[pepi1967]

He is not entitled to keep the goods but he is under no legal obligation to pay for the return of the goods either.

Morally the item should of course be returned even if he could keep it as he only paid for one but he should not be out of pocket because the company messed up.

 

[TCR4x4]

Scott, if the roles were reversed, would you be quite so vocal? My guess is no.

The company made a mistake and the OP now has property, that unless is paid for, doesn't belong to him. The "right and honest" thing is to return the item unless he intends to purchase. Anything less is dishonest and unfair which ever way you try to paint it.

Andy

So if a truck pulled up and dumped a pallet of furniture outside your house, you'd happilly pay up to have it returned even though the entire situation was not of your doing?

Of course not!. Get them to pay upfront for the postage and send it back, no mountains, no molehills, just common sense.

 

[Keebsuk]

Nowhere did I say he should be out of pocket, of course not but if he doesn't return the item he commits the offence of "theft by finding".

Andy

 

[joescrivens]

Nowhere did I say he should be out of pocket

you did

I contacted the sender and returned the filter which cost about £7. The sender reimbursed me on receipt of the filter. I was out of pocket for a day or two but so what?

All this nonsense about holding on to the parcel until a courier is sorted is way OTT. Talk about "mountains and mole hills"!

He'd be out of pocket until they paid him back on your recomendation. Why should he be out of pocket even for 1 minute? They should arrange the courier.

 

[pepi1967]

Sorry andy your wrong.

Theft by finding does not cover distance selling regulations 2000. The law states that the company has 14 days to collect the item IF it was an unsolicited item.

The company posted two by mistake. If he sends that email i gave him he is NOT witholding the item and has legally given them the right to collect the item or if he wishes for them to pay postage. It can not be theft by finding as he will have stated they can have the item back.

That advice is from our legal department.

 

[Tori_T]

I've been looking at this a bit more. There seems to be a lot of disagreement out on the web as to whether duplicate goods can be classed as unsolicited (and as such whether or not title to the goods legally passes to the recipient).

I'm seeing advice to inform the company, and to hold the goods for between 3 to 6 months for them to pull their finger out and arrange collection, but they cannot require you to pay for either the goods or shipping.
It was also recommended that they be informed (after the above time has elapsed) of your intention to dispose of the goods.

 

[viv1969]

Sorry andy your wrong.

Theft by finding does not cover distance selling regulations 2000. The law states that the company has 14 days to collect the item IF it was an unsolicited item.

The company posted two by mistake. If he sends that email i gave him he is NOT witholding the item and has legally given them the right to collect the item or if he wishes for them to pay postage. It can not be theft by finding as he will have stated they can have the item back.

That advice is from our legal department.

Bingo...Beat me to it
I will get back to work now.....lol

 

[Keebsuk]

Fair enough Scott but I still think its a case of " a pneumatic drill to crack a walnut"!

Personally, and speaking from very recent experience, I wouldn't make a fuss over the amount that I was briefly out of pocket. Obviously if it was a substantial amount it would be different.

Andy

 

[Keebsuk]

Scott, I'm curious as to why you changed your mind on this. You were 3rd or 4th to post saying send it back, why the change of heart?

Andy

 

[Keebsuk]

Joe, would you, seriously make all this fuss over being out of pocket to the tune of £7 for a day or 2?

Andy

 

[pepi1967]

I still agree he should send it back its not his and he didnt pay for it. But i dont think its fair for him to have to pay to send it back when it wasnt his fault.

Even if he could keep it i dont think its right for him to do so but i think its a little unfair for them to say post it back without offering him the postage. Infact andy i would like to find out what the item was.

 

[joescrivens]

Joe, would you, seriously make all this fuss over being out of pocket to the tune of £7 for a day or 2?

Andy

it's not fuss. It's easier for me if they organise the courier etc than if I have to go to the effort of booking a courier, packing the product, or taking it to the post office etc. Paying the money, cashing a cheque they send .... plus the risk they may not actually pay.

By telling them to sort all of that out not only are you not out of pocket but you don't have to inconvienience yourself either.

Why would you want it any other way?

 

[Dave *]

Joe, would you, seriously make all this fuss over being out of pocket to the tune of £7 for a day or 2?

Andy

It isn't that simple, if he posts it back the liability rests with him. So if the item is lost or damaged on its way back the sender is responsible and he would then be wasting more time fighting for compensation from the courier (as the delivery contract is between him and the carrier).

If he insists the company arrange for it to be collected, the liability goes back to the company.

 

[Keebsuk]

It isn't that simple, if he posts it back the liability rests with him. So if the item is lost or damaged on its way back the sender is responsible and he would then be wasting more time fighting for compensation from the courier (as the delivery contract is between him and the carrier).

If he insists the company arrange for it to be collected, the liability goes back to the company.

If the parcel is sent business class, I sent a filter and it cost just under £7, then the package is handled separately, is guaranteed next day, is fully insured and is traceable online. In fact the post mistress told me that Business Class is the only one to use for anything of value as Recorded Delivery only covers the sender for up to £40 and the parcel is chucked in with all the letters.

Andy

 

[joescrivens]

If the parcel is sent business class, I sent a filter and it cost just under £7, then the package is handled separately, is guaranteed next day, is fully insured and is traceable online. In fact the post mistress told me that Business Class is the only one to use for anything of value as Recorded Delivery only covers the sender for up to £40 and the parcel is chucked in with all the letters.

Andy

but you are ignoring the fact that you are spending time and effort doing this when they could do it themselves and save you time, effort and you aren't out of pocket.

Seems like a total no brainer to me?

 

[pepi1967]

I have to agree joe. Its not up to the OP to waste his time running around. Just inform the company they can collect it. If its that important to them then they can fetch it. Would love to know what it is though.

 

[Dave *]

If the parcel is sent business class, I sent a filter and it cost just under £7, then the package is handled separately, is guaranteed next day, is fully insured and is traceable online. In fact the post mistress told me that Business Class is the only one to use for anything of value as Recorded Delivery only covers the sender for up to £40 and the parcel is chucked in with all the letters.

Andy

There is no such thing as business class, you are describing Royal Mail Special Delivery. Whilst it is a very good (if expensive ) service, it has no bearing on liability.

If you post the item, liability rests with you, as you have the contract with the carrier. If it is lost or damaged (which can still happen with RMSD), you, as the sender will have to chase up and obtain compensation for the loss.

Why take the risk of lots of time wasting when you can just tell them they need to arrange collection and all risks then pass to them?

 

[cambsno]

Joe, would you, seriously make all this fuss over being out of pocket to the tune of £7 for a day or 2?

Andy

Who is to say the company will pay up? What if they don't refund?

 

[gramps]

Reading through some of these posts and balancing with my own principles, I would say the following:-

1. It would not be mine to keep at this stage.
2. I would reply to the seller pointing out that the tone of the email was unnecessary and that the 'duplicate' is available for collection.
3. In my response I would tell them when collection could be made in the next 14 days.
4. I would also point out that if the duplicate is not collected within 14 days I will charge storage at £x per week.
5. I would point out that if the duplicate was not collected within 6 months I would assume that ownership of it had been relinquished.

 

[Blue Moon 7]

I am just a simple fella. Find a way to get it back to them and do it with a smile despite the snotty email. It's the right thing to do and what goes around comes around..........usually.

It looks like everyone has an opinion on this and that for me is what is wrong with our society today. Good people have complicated life by debating everything and anything. Lets look at doing the right thing rather than an excuse to do the wrong thing.

I just asked my Mother in Law what would you do if someone sent you two of something that you have ordered. "Send one back as soon as possible" she said without even thinking about it. That was the end of the conversation. She is 73 and from a different generation. We can learn a lot from older folk I think

Chris

 

[Dave *]

It looks like everyone has an opinion on this and that for me is what is wrong with our society today. Good people have complicated life by debating everything and anything. Lets look at doing the right thing rather than an excuse to do the wrong thing.


Chris

It isn't complicated, the item needs to go back, almost everyone agrees, BUT, it needs to be the company that runs around and organises it. They made the mistake, it's their property, let them retrieve it at the OPs convenience (and without any risk or liability falling on him).

 

[iamchrisphoto]

We can learn a lot from older folk I think

Chris

I don't think it's an age / generation thing.

If it was me, it would go straight back. Funnily enough, because this would be the RIGHT thing todo. I wouldn't even question it.

And the details, the hows and whys etc are inconsequential. The main thing to care about is the fact that it's not yours.

 

[joescrivens]

I am just a simple fella. Find a way to get it back to them and do it with a smile despite the snotty email. It's the right thing to do and what goes around comes around..........usually.

It looks like everyone has an opinion on this and that for me is what is wrong with our society today. Good people have complicated life by debating everything and anything. Lets look at doing the right thing rather than an excuse to do the wrong thing.

I just asked my Mother in Law what would you do if someone sent you two of something that you have ordered. "Send one back as soon as possible" she said without even thinking about it. That was the end of the conversation. She is 73 and from a different generation. We can learn a lot from older folk I think

Chris

Ask her again but tell her it was a 50 inch television and will cost her £30 to send it back. She can hope to get the money back in 60 days. She'll need to book the courier, print out the label and stick it on the package. Also she'll have to work it out with the courier should it get lost or damaged. She'll need to scan in the recipt and send it to the company as well as posting the original, recorded which will cost another few pounds that she'll either have to absorb or send to them again for refund.

Or she could call the company who made the mistake and politely say they can pick it up any time.

See what she says then.

 

[ZoneV]

I just asked my Mother in Law what would you do if someone sent you two of something that you have ordered. "Send one back as soon as possible" she said without even thinking about it. That was the end of the conversation. She is 73 and from a different generation. We can learn a lot from older folk I think

Chris

I bet she'd contact the seller to notify them of their mistake, too. None of this "I'll sit quietly to see if they realise" slopery.

 

[pepi1967]

99% of the posters on this thread have agreed it should go back. The only thing that is being debated is how it goes back.

And the legal way is to email them for them to arange a courier. That way there is no come back on the OP and if there is any damage to the item the courier firm can pay up.

 

[samems]

99% of the posters on this thread have agreed it should go back. The only thing that is being debated is how it goes back.

And the legal way is to email them for them to arange a courier. That way there is no come back on the OP and if there is any damage to the item the courier firm can pay up.

Agreed ^^^

 

[Rebel t3i]

What is it

 

[Dave *]

What is it

A secret

 

[davemk]

I had a similar situation. I bought a £130 coat from a Blacks off the internet. One morning, on returning from taking my daighter to school, Royal Mail are just pulling up to my house so I tell the postie that the parcel is mine. He didn't ask for proof of ID or anything, handed me the parcel and then proceeded to tell me that I couldn't sign for the parcel as the tablet thing was broken.

So, I was now in reciept of an expensive coat, they had no proof that I'd received it and I could quite easily have said that I'd not got it. In which case, they would have to send me another, which I could have returned for a full refund, i.e. I'd have got the coat FOC.

Morally, I just couldn't do it.

Then they went in administration. Nothing to do with me, guv.

 

[Blue Moon 7]

It isn't complicated, the item needs to go back, almost everyone agrees, BUT, it needs to be the company that runs around and organises it. They made the mistake, it's their property, let them retrieve it at the OPs convenience (and without any risk or liability falling on him).

It's not complicated but we already have 3 pages of opinions (probably more with this long post from me! ............Risk, liability, etc are what you often hear nowadays. Howabout, we substitute these on occasion with doing the right thing and being helpful and see if we get enough people thinking like this we may get somewhere.

I don't think it's an age / generation thing.

If it was me, it would go straight back. Funnily enough, because this would be the RIGHT thing todo. I wouldn't even question it.

And the details, the hows and whys etc are inconsequential. The main thing to care about is the fact that it's not yours.

Ask her again but tell her it was a 50 inch television and will cost her £30 to send it back. She can hope to get the money back in 60 days. She'll need to book the courier, print out the label and stick it on the package. Also she'll have to work it out with the courier should it get lost or damaged. She'll need to scan in the recipt and send it to the company as well as posting the original, recorded which will cost another few pounds that she'll either have to absorb or send to them again for refund.

Or she could call the company who made the mistake and politely say they can pick it up any time.

See what she says then.

I rest my case about complicating things Joe. Was it a 50" TV? My Ma in Law would just sort it out whatever it needed and just get it back asap (and so would I), and that is why I think the world of her. She appreciates what others do for her and would just try and help.

I bet she'd contact the seller to notify them of their mistake, too. None of this "I'll sit quietly to see if they realise" slopery.

99% of the posters on this thread have agreed it should go back. The only thing that is being debated is how it goes back.

And the legal way is to email them for them to arange a courier. That way there is no come back on the OP and if there is any damage to the item the courier firm can pay up.

Back to legal" and "come back" which is another way of saying risk again.

I do understand where some of this comes from but instead of getting wrapped up in the what ifs, and why the OP shouldn't.......keep it simple.

Before anyone thinks that I am a little niaive, I can reassure people that I work in a job where I see some terrible stuff on a daily basis. The only way that I get by is to try and do the right thing as often as I can and this tends to extend into all aspects of my life and thankfully I am surrounded by people with that same value base. It keeps us sane and happy most of the time and there is a little bit of fun in "killing people with kindness" when things go wrong. Keep it simple and do things with a smile on your face. It's amazing what you can get achieved with this kind if attitude. Send the person that sent the snotty email a lovely one back. It will cause more reaction (even if you don't see it) than a snotty one that inflames the situation

Chris

 

[joescrivens]

I rest my case about complicating things Joe. Was it a 50" TV? My Ma in Law would just sort it out whatever it needed and just get it back asap (and so would I), and that is why I think the world of her. She appreciates what others do for her and would just try and help.

Well I hope this never happens to her and she never falls foul of a scam or is liable for anything that went wrong. It's always a shame when considerate people get stung by being too naive and nice. :shake:

 

[Rebel t3i]

well I think it depends what it is if it is a £3.99 book on erectile dysfunction or a 12k rolex watch