Have you received unsolicited goods?
“Can I keep the goods? They are unsolicited.” I hear this a lot but unsolicited goods are VERY rare. Please see All you need to know about unsolicited goods which gives more detail and answers more questions about unsolicited goods.
Unsolicited goods are very uncommon
Please see All you need to know about unsolicited goods which is an updated post that clearly answers the questions raised here.
Second to posts about my History with Tesco this is the most read post. So we glean from that, that many people receive items that they did not request! However, typically these are not unsolicited goods. NONE of the comments from people believing/hoping that they have received unsolicited goods so far, relate to true unsolicited goods other than one regarding items from Estonia!
Well over a hundred comments and only one has been truly about unsolicited goods and they were goods from abroad! The answers to your queries are in this post, the links and comments, your story will be there.
Your rights when you think you have received unsolicited goods and what you should do.
What are unsolicited goods?
Most people are familiar with the Unsolicited Goods and Services Act 1971. Unsolicited goods are also covered in the newer regulations The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which say you have a right to keep goods delivered to you that you didn’t request. Specifically, from the legislation:
“Part 4 of the Regulations contains provisions concerning protection from unsolicited sales and additional charges which have not been expressly agreed in advance. Regulation 39 introduces a new provision into the Consumer Protection Unfair Trading Regulations 2008 which provides that a consumer is not required to pay for the unsolicited supply of products. Regulation 40 provides that a consumer is not required to make payments in addition to those agreed for the trader’s main obligation, unless the consumer gave express consent before conclusion of the contract”.
You are under no legal obligation to contact the trader and can keep the goods. However, true unsolicited goods sent within the UK are rare these days and I have yet to hear of any in the last few years.
Request for payment for unsolicited goods
Should you receive a request for payment from a trader for unsolicited goods it has committed a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008. You can report them to Trading Standards. Bear in mind that if you have chosen to keep an item sent to you in error which the company can prove e.g. from a screen shot of the wrong code being put into the system then the company has not committed an offence and you will have to pay for the item should you not follow the advice below on “Not unsolicited goods“
The days of receiving packages with a demand for payment seem to have gone as this is illegal and no-one in the comments below other than someone who received a package from outside the UK has received unsolicited goods.
Not unsolicited goods
1) If you have been sent items by mistake; such as a duplicate order or additional items, mistaken identity, wrong address, in your name but you didn’t order them, any kind of fraud
2) Replacement order
3) Faulty item
4) Item you have that was faulty and waiting for collection at any point in the replacement process
5) If you have had any contact with any company and you have any order with them and they send you something different/additional
6) Substitute goods should be agreed with the trader and you.
For the examples above, the company is in breach of the Consumer Rights Act 2015. See also this post on deliveries. this is NOT unsolicited goods.
7) Thing(s) meant for someone else. Still not unsolicited goods if clearly a mistake and you are able to contact the company which sent the item.
What to do with non unsolicited goods
1) Contact the company and request that they come and collect the goods. Tell them that you are giving them 14 days in which they can contact you and arrange collection or you will dispose of the goods. Make sure that you do this in writing with proof of postage/read receipt email so that you have a record if you dispose/keep/sell the item. See this post.
2) There should be no cost or inconvenience to you. State also that you will dispose of the goods if you are not sent a return postage label/packaging or arrangement for a courier. Keep this correspondence evidence.
3) If you have been in contact with the company regarding ordering items see Mail Order, online and deliveries and Consumer Right Act 2015
Your call as to what to do with truly unsolicited goods
Mostly, it boils down to morals and whether you want to take the risk keeping an item and I cannot make that call for you. But bear in mind that if the item(s) were sent in error (see “Not unsolicited goods” section above) they may contact you and if you have used the item you will have to pay for it. Many times the company says keep the item.
General rule of thumb which answers most if not all the questions in the comments – if you have received goods from a company that you have dealt with, it is 99% likely that there has been an error such as someone putting in the wrong number into the computer. These are NOT unsolicited goods. Unsolicited goods are simply receiving something out of the blue from a company that you have not been in contact with!
You must try to do everything to return the item if it falls into any of the other categories above.
Further help about problems with deliveries
It is extremely unlikely going from the popularity of this post and the comments I receive that you are in possession of unsolicited goods, or that your case is unique. You probably HAVE received poor service however and there is probably a breach of consumer law! For that, please see :
Top 20 Tips for complaining effectively
Your rights, mail order, online and deliveries
If you are having problems contacting the company try the ceo and you can get the contact details for him or her here at ceoemail.com
Further help with complaining effectively
Top 20 Tips How to complain effectively
If you need more help, information and tips with how to quote Acts, template letters and advice on how to complain effectively don’t forget the GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!
101 Habits of an Effective Complainer provides you with more tips
Purchase and download templates to gain redress swiftly
198 Comments. Leave new
You claim that goods sent in error by a trader don’t count as unsolicited goods. This is incorrect.
Digital Markets, Competition and Consumers Act 2024, section 236, Inertia Selling
(3) In the case of a supply of goods that has not been requested, the consumer may, as between the consumer and the trader, use, deal with or dispose of the goods as if they were an unconditional gift to the consumer.
The section makes no exemption for if the trader sent the items “by mistake”*.
*caveat: this only applies if it is addressed to you in name and address. — If you receive any mail, including a package containing goods, which has a name not known at that address, or with a different address on it, you should not open that mail and should instead return it to the Post Office.
You’re misapplying DMCCA 2024 s236(3). That’s inertia selling – goods sent with no prior contract or order at all to trick consumers into paying.
I ordered Item A and received Item B by company error. Section 11 CRA 2015 applies – goods not as described. I have right to reject with full refund including return costs (s20(5)(b)).
Their mistake doesn’t convert a contracted order into inertia selling. CRA rejection rights override. They must collect/pay return (s24).
Hope that clarifies.
Hi there,
I’m struggling with a NOT-unsolicited delivery. I bought one bed frame, but received two, which – if I understand your article correctly – means it’s not unsolicited goods. So following your advice, I reached out to the company, pointed out their error and tried to arrange for them to collect it. I explained that I work full-time and that I can only have couriers come by Monday-Friday between 7pm and 8am, which they don’t want to accommodate for. I gave them a few weekend options, but had only a few hours here and there in terms of my own availability, which they also didn’t want to accommodate for. They keep insisting that the only courier they have works within a 4-hour window, and expect me to sit at home and wait around for them to collect the item. On top of that, the courier can only provide the 4-hour window details less than 24hrs in advance of the collection date. This is highly inconvenient for me. I can’t keep a whole weekend-day free for the collection date (because the 4 hour collection window could be at any time on that day) until less than 24hrs before the collection date. I think that’s ridiculous. They’ve offered to reimburse us up to £50 if we arranged for the returning of the item, but as it’s a huge, heavy bed-frame, I can see us being out of pocket. Multiple times I’ve pointed out that if they don’t find collect at a time that is convenient for me, I will dispose of the item. This has now been going on for 30+ days, and we’re about to move house. We wouldn’t mind keeping the bed frame, but we just want to make sure we’re doing the right thing.
Can you just advise us what we should do next? To be very honest, I’m sick of dealing with this company. I keep having to repeat myself that I cannot accommodate for any collection between 8am and 6pm on weekdays as I’m working full-time and weekends are super busy for me and I can’t just keep a whole day free for them.
What should we do? I’m at the end of my patience, but I’m scared of them taking any sort of actions. Please help. Thanks!!
As you say, not unsolicted goods so not related to this post. Please see the links to the relevant posts in the post above. You must be reasonable when it comes to collection if you make it difficult then a court will not see you in favour of you.
I bought a livestock item but the wrong livestock arrived (worth more than the one I ordered)
What do I do if they demand I return the livestock?
Not unsolicited goods please read post above. You’re welcome.
I signed up to a new broadband/TV provider, they were offering a free tv with the deal but I cancelled the service in the cooling off period as they did not provide me with the service at all, I have never made any payments to the company as I was never billed because if the lack of service.
Today I have received a TV! Would this be classed as unsolicited goods?
Definitely not. Clearly a mistake, please follow the advice above. You’re welcome.
Does the Act cover services the same as goods and services.I was charged a considerable sum by a mobile phone company when I noticed a fraudulent direct debit had been opened in my Bank account.I have never had an account or phone yet was threatened with bailiffs when I cancelled the direct debit It took me weeks to get to the bottom of the situation yet have received no apology or compensation.
My bank refunded me the money taken
How do I approach an apology and an explanation how my account was fraudulently used.I also want some compensation?
Derrick
Please see Consumer Rights Act 2015, Tips and direct debits. You’re welcome.
Hi,
We have been sent Franking Supplies which supposedly we had ordered over the phone. However the staff member who they claim ordered the items is a junior member of staff with no authority to make such purchases.
Having spoken with the company they are adamant we made the order and refuse to collect the items and are demanding payment.
Where do we stand from a legal stand point?
Thanks
I’m not a lawyer but I would say let them prove you ordered them. Write as advised above regarding collection and ask for proof of ordering. They obviously have something -if they know that member of staff’s name. S/he may not have authorisation but they don’t know that. Tread carefully.
Hi,
so I received a food delivery that i did not order, and there was no address on it. I accepted the order and threw it away. The next day i receive a letter stating that i stole their food and it is petty theft. Is that true? It turns out they put my address on it because of a mistake and they used to live in my apartment unit so technically the food was addressed to my apartment. They asked for me to pay them back. Do I?
Please read post above regarding mistakes. This is not unsolicited goods. If it went to court they would ask why you accepted the order and threw it away. You could report to Trading Standards in case it is a scam.
I ordered some clothing from an online retailer.
They sent me a small jacket instead of an extra small jacket so not only could I not wear it, I had to pay to send it back to them as they don’t use pre-paid postage labels. I have been in correspondence with them on email for 10 days and they still haven’t said that they will compensate for my postage costs or credited the money back to my account for the jacket.
What are my rights here?
Not unsolicted goods. Please see post above and links within for what to do . You’re welcome.
Hi I received an email from my Doddle account saying I had a package to pick up. I went and collected it and opened it and it was some £200 shelves from a company I have never heard of or dealt with in my life. There was no despatch note inside (just a brochure for the company) or anything. It’s addressed to my name. I think maybe the person who ordered put the wrong Doddle account number. Have emailed the company that make the shelves to try find out who it was meant for. And have emailed doddle to see if they have more information about the sender. How long do I leave it before I get rid (or use!) them!?
Please follow guidance above re deadlines.
But to clarify, these ARE unsolicited goods yes?
No. Please read “Not unsolicited goods” number 1 and What to do with non unsolicited goods about return.
You’re welcome.
We sent a phone for repair to a specialist, however made an error on the address, would this be classed as un-solicated goods? It was sent to a firm of estate agent by mistake
They should in theory do what they can to find the sender. I would imagine that you have put all your contact details inside and that yo have contacted them though. Do so in writing and request it back. Up to you whether you then take them to court for the return! Would be hard to prove that it was delivered and kept though! You’re welcome.
A month ago I received and signed for item in my name and my adress but I didn’t order anything like that now courier says he want it back what should I do?
Please read post above.
I received two mobile phones from virgin media which I did not order or pay for. They claim that I am a customer, which I am not as I have not placed any orders with them or via any other phone retailer.
What is the best way to deal with this matter as I wish to return the goods.
Please read the post and contact them as advised above. You’re welcome.
I ordered an A3 guillotine (to cut paper with) from Amazon the other day with next day delivery. Today it was delivered by Hermes (UK) and they delivered my guillotine, however there was another box around the same size which contained a laptop? On the Amazon box, it had my name and address on, similarly to my other package. I did not pay for this, order it, or have anything to do with it – it simply came by surprise?
Are these unsolicited goods? By that I mean, is the laptop an unsolicited good?
Not unsolicited goods, mistake. Please read post above.
I made a claim against my house insurance for a new Laptop and was given a spec and told the laptop would be sent directly to me from a company. I then rand my insurance company back to just confirm if they were sending me an i5 or an i7 (as I had an i7). They confirmed it was at first an i5 but subsequently cancelled that order and would send me a different i7 machine.
The Laptop company contacted me and said my order was on its way and could I be home. I received the i7 as previously told.
Then an hour later the i5 that I had been told had been cancelled arrived. I have not heard anything for 3 weeks. Where do I stand with the second laptop?
Not unsolicited goods please read the post and follow the advice above. You’re welcome.
I just got home to find my central heating oil tank had been filled. From the docket it is clear that the driver got the wrong address. As per item 7 in your list of “not unsolicited goods” above this is clearly not unsolicited goods, but nor is it something that I can post back to the supplier, and since my heating system is operational one could argue as to whether or not I have already made use of the product (since their heating oil will simply have mixed with the half a tank that I already had). The rate that they are charging on their docket is rather high at the moment, so I am not keen on paying for this at face value. Am I within my rights to offer them a lower rate?
Just contact them discuss what they want to do and negotiate discount. If they won’t tell them to take out the amount they put in and charge for any costs you incur.
I ordered a phone so that I could hear my callers clearly from Action For Hearing Loss. I found it wasnt suitable and returned it to them for a refund. Now had an email to say because the box was damaged they couldnt accept it back as the box was damaged. I had particularly packed it in another strong box and made sure it didnt move by stuffing with brown paper. I have emailed back to them explaining this and asking for my money to be refunded and im waiting for a reply. What si u do in the meantime if they decide to send it back to me despite this. Do I reject the parcel. And hope that it gets back to the original source. Will the delivery people give me a receipt. Hope you can sort this.
This is not unsolicited goods. Please see Consumer Rights Act 2015 and Tips.
Hi, i order TV through on-line retailer but when it was delivered it directly from the manufacturers it was discovered afterwards it was wrong one, they delivered correct one a few days later but never collected the wrong one. This about a month ago i never heard anything since and now they call to arrange it be picked up. do i have to give it back, i have dipsoed of it.
See the post above. This is not unsolicited goods it is an error. You will need to show evidence that you requested that they collect the item. You will need to evidence that you have disposed of it, will be tricky legally as it would appear that all parties acknowledged that an item was sent in error and that it is unlikely that someone would dispose of a tv. As sent in error see above.
Hi I am in dispute with hellofresh last year they sent me a box of food not orderd or chosen by us it had my name and address on it I refused it at the door but the driver said he couldn’t take it back as it was perishable so I took it in and threw it away now they are chasing me for payment what do I do.
Follow the advice in the post above. If you threw it away without making any attempt to contact them you will struggle with evidence and it is their word against yours. However, in court they would have to prove that you ordered it. You should ask for evidence that you ordered it. Write to ceo using ceoemail.com.
Hi, This one isn’t covered above. If I receive an item to my address with my name on it from a catalogue company but the account was opened fraudulently could I keep the item or would I need to return it?
Not unsolicited goods. Follow advice above. If account was fraudulently opened in your name you need to show evidence of this and request the return. Equivalent of sending by mistake.
Brilliant, Thank you!
a mobile company i have contracts with sent me a phone. I was due not due any other orders with them and did not ask them for a phone.
Please read the post above and follow the advice.
An item arrived at my address with someone else’s name on. I tried to track down the buyer for a month without success, then contacted the well known company who make the product. They were surprised I hadn’t just kept it. I expected them to get the distributor who sent it to contact me, another month has now gone by. I gave them the serial number, order number and my contact info but nothing has happened. Does it ever get to a stage where I can just keep the product as they have not done anything about it?
Please read post above and follow advice re contact and deadline.
I ordered, paid for and received a model car from |Atlas Editions. I then received a succession of unsolicited packages. I haven’t opened these. I had an invoice from Atlas and returned this saying the goods were unsolicited and unwanted. I had no response but further invoices and told them, in October 2015 to collect the items of provide me with the cost of postage. I had no response, Is it now safe, 5 months later to dispose of the items?
Please follow the advice above regarding writing with deadlines. Please ensure that you have not inadvertently signed up to receive these on a monthly basis.
Thanks for the quick reply
I have just been looking at my old email account that I don’t use any more and it was linked to my PayPal account. Somebody on ebay from america used my account to buy the phone and send it to me. Luckily PayPal stopped the payment (£128.59) going through and I have just been on the phone to them and they are going to investigate further and they have stopped the payment from going through.
Hi. I have just received a mobile phone today that I did not order. It was delivered by Royal Mail and it was recorded mail. I signed it as my mother and I are expecting a few orders this week from Debenhams. The phone was in a box with my full name and address and on the back for sender was a post code only (GU6 7HJ ). All of this was handwritten in black magic marker. I looked it up on google and I don’t know anybody who lives in Surrey.
There isn’t any paperwork with the phone. I haven’t opened the box and I checked my bank account and no money has been taken out. The phone is called Zenfone 5 by Asus.
I don’t know what to do or who do I call. Please I need some advice. Thanks
Follow advice in post above. You can contact Royal Mail for details as they will have the sender details as you signed for it.
I purchased a rug from a online high street store , I asked for a return due to a fault ,they accepted it was faulty and said they would swap it , the new rug arrived but the driver had no details or instruction regarding the collection of the faulty one , I’m still holding it awaiting collection and haven’t had any emails or phone calls regarding the old rug . What are my rights of no one gets in touch regarding the faulty rug ?
Not unsolicited goods but follow advice in post above re writing and deadlines.
A month ago I ordered an item from a company and received some thing quite different I contacted them straight away and they said it would be picked up since then I have contacted them several times and I am still waiting, what else can I do?
Please follow advice in post above re deadline. Please also read post regarding Consumer Rights Act – this in not unsolicited goods.
Hi – slightly off topic but still relevant I think.
I recently rearranged my gas and electric tariffs online and the tariff I opted for offered an incentive of a ‘thank you’ gift voucher for an online seller unconnected with the energy company. I received my voucher a few weeks later in the post but two extra vouchers have also arrived presumably sent in error. Should I return the extra two vouchers? Many thanks.
In theory sent in error, up to you whether you send back – same advice as above just need to think of the likelihood of them chasing you for it.
Thanks for the reply – I have an update. I have just contacted the energy company and they said either they are a replacement for a cancelled voucher or, to use the adviser’s words: ‘lucky you’. I asked him to confirm that OK to to keep and use if they do work and he said yes. (I have checked the vouchers and added to my online account with the retailer with no problem.) Seems honesty is the best policy and the big companies won’t bother with the paperwork to correct such mistakes. Plus I can sleep tonight with a clear conscience!
hi the company i used to work for fired me back in 2014 and they have sent me a box of parts it is now 2o16 do i have to send them back or can i keep them they sent them late 2015
Not enough information as to why you were sent them, what agreement you had, whether you had communication about the parts or what paperwork you have. Please follow advice in the post.
I have a slightly different problem, an item of equipment has been delivered to my address. It was addressed to my address with no name, but unfortunately the box has no paperwork or information about who sent the equipment. I therefore have no knowledge of who to contact about collection or return.
Any ideas. Do I just wait indefinitely or is there a time limit when I can assume the equipment is mine.
Ps I know someone out there is without something they have purchased and I would prefer to give to the rightful owner.
Blimey bit hard to follow the advice if you have no idea where it came from. Sounds very bizarre. There is no “set time” in law. But say the company worked out where the parcel went and took you to court, my understanding would be that the judge would determine “what is reasonable”. Yep how long is a piece of string. I would say a couple of months. Others may say this is too long, but you need to give enough time for the rightful owner to notify the company of non delivery. Then allow time for them to investigate and then contact you. Given that they put no name on the box and include no paperwork my guess is that the company is pretty inefficient in their processes so give it a good while!
Hi
I’ve got a bit of a different situation.
I had a service problem with an electronic product so I called the brand direct. They said that it could be a cable issue so they said they will send me a new cable to see if it works. (Note: I did not ask for cable or pay for the new cable)
I received a package from the brand with 10 of their branded electronic items none of which were the cable in question.
What is my position on this?
Many thanks
Please post above and follow guidelines for contacting/informing them.
Hi
I ordered some make up online at a special price for smaller trial size products. I paid using paypal, they arrived and I had no problems. Then some weeks later a delivery of full size products arrived and £95.92 taken from my paypal account to pay for the goods, I didnt want, paypal refunded me my money but now the company who sold me the products are demandinh payment, do I have to pay. I still have the goods, unused.
Depends on contract you may have signed up to. It is illegal to request payment for goods not ordered which were deliberately sent. You should arrange return.
Hi, can you assist me with a query?
Three weeks ago I ordered some Company A furniture from Company B. I had no direct contact with Company A at all. The furniture was delivered and that was the end of it.
This week I received a delivery of furniture from Company A directly, for some items which I had no knowledge of.
Company A are now, after I told them I had received these goods, threatening police action to reclaim them.
Are these good unsolicited goods? Where do I stand on this?
Clearly a mistake and not unsolicited goods. Please see blog post
Just looking for a bit of confirmation really. I recently had a slight faux-pas with a couple of items I sold on ebay. I mixed up the address labels so two buyers got each other’s items. Once is of significantly higher value than the other. I emailed the buyer who was accidentally sent the higher value item, apologising profusely and advising him to refuse delivery so that the item would be returned to sender and once I had confirmation, I would issue a full refund. However he has accepted delivery (perhaps not having read my initial email) and left me a negative feedback on e-bay.
I have emailed him again offering to send a return label or arrange a courier collection and said refund.
If he decides to keep this much higher value item, can I do anything?
Thanks
Well hopefully the people who keep posting about not unsolicited goods but mistakes will take heed of this advice! I am not a lawyer and usually advise consumers on their legal rights. However, you are just on the opposite side of what I keep saying to people. You have sent items in error and therefore you are entitled to have them back. If I were you though, first I would go through the ebay and Paypal procedures. Good luck as Paypal frequently sees in favour of buyers even when they blatantly lie. Explain the situation. I imagine that you have already refunded/got the item back from the other party which will help the case. If you can’t resolve through PayPal offer the return postage and give date for when you expect to have it by or you will start legal proceedings in the Small Claims Court. It may well be one word against another as he may buy the item he should have bought from you from somewhere else and say he got it from you if he is dishonest! Then it may just come down to what the Judge believes. But if you have good ebay track record, evidence of all correspondence then probability is in your favour. Also point out in your email that you will add the court costs plus other out of pocket expenses. More details about Small Claims Court here.
Thanks for that. Helpfully, he actually states in the negative feedback received that he received the wrong item. I’ve already email the other party offering a full refund once the other item is returned and to pay for his excess costs, so that should be OK.
It sounds like the best option for the recipient of the higher value item is to send him a postage return label and lodge a small claims action if he fails to do so within a set period. I’ve already looked in the small claims stuff in Northern Ireland and it seems I can launch an online claim.
Hopefully it doesn’t come to that.
Excellent, you have the evidence off to court you go unless he sees sense. Yes online – cheaper. But as I say go through ebay first as will be quicker. More details about court etc. in the book. Take a screenshot of that feedback in case he changes it! 😉
I wish I had found this page sooner, it seems looking through their negative feedback that there have been a number of similar issues with other buyers.
I purchased online from eBay a mobile phone which was described as new and UK stock. It was later marked as dispatched yet the Royal Mail Special Delivery Next Day tracking details given said that the item hadn’t entered the postal system yet. I gave it a few days and then contacted them to discuss, it soon became apparent that they are not in the UK. When searching for a phone I checked the search box to list only UK items. This seller is in fact based in Hong Kong. I immediately gave notice of cancelation to the seller but they refused to deal with me, I felt that I was being scammed.
Some days later in the following week I received a package covered in foreign stamps and foreign postage marks. Inside that box was the phone, with the manufacturer seal already having been broken, and an attempt to disguise it with another label, clearly from the seller, advising that a 20% restocking fee would apply if THEIR seal was broken. There was also a foreign travel adapter and a warranty card for registration in Singapore. It’s clear that they are importing goods from outside of the EU, much less the UK. Having someone sit in an office to receive the import, slap a royal mail sticker and forward it on to a UK buyer who believes they have bought UK stock is fraud by misrepresentation and an attempt to deceive.
To clarify:
– They are fraudulently listing items as being in the UK
– They are not complying with UK law by providing travel adapters for “UK” stock
– They are listing the items as new when they are clearly at best open box, at worse second hand phones. Ebay has two categories for “new”, one is brand new sealed in box, the other is new opened box. Seller is intentionally trying to hide a broken seal and list as sealed in box.
– There is a complete disregard to UK distance selling/consumer contracts legislation regarding cancelation rights, and an illegal 20% fee demanded for a return of an order cancelled long before it entered the UK postal sytem.
– There is no UK/EU warranty
In the UK and EU we are protected by the Consumer Contract Regulations which state that the goods advertised should be the goods received. We entered in to a contract of sale but that contract was not honoured through the seller’s misrepresentation of the goods and supply of a lesser product.
I raised the issue with eBay and PayPal under fraudulent listing practices who found in my favour and refunded me in full. I have since sent a recorded delivery letter to their UK contact point (which appears to be someone’s home address) which was signed for. I have advised the seller that I will not be paying a 20% restocking fee, nor will I be paying for secure return postage costs, and detailed all of the areas of UK law and eBay rules in which the seller is failing to meet and intentionally deceiving. I’ve advised the seller to make their own arrangements for courier collection during working hours.
The seller is responding with garbage threats of reporting to the police in multiple messages, and has given fictitious “police report” numbers to me. I’ve replied that that I would welcome police involvement to highlight the law being flouted and to investigate why my concerns have not been addressed by the seller. I’ll also be adding harassment to the list of problems with this seller.
Negative feedback was left by me over two weeks ago, which was the same day eBay and PayPal granted me a refund. They have had two weeks to arrange for courier collection, rather than doing so I have simply been subjected to further emails of harassment and police involvement. I shan’t keep their foreign phone for ever and will dispose of it if several more weeks go by with no action on their part. Continuing to harass me through email with threats of police involvement unless I pay out of pocket for return insured and tracked postage to the value of £350 is simply not going to happen. I’ve used the refund to put toward a (more expensive) UK version from a genuine UK seller which is what these scammers should have provided in the first place. Their fraudulently listed handset is here ready and waiting for collection.
I cancelled the order before their phone even reached the UK with several days waiting from the phantom dispatch notice to actually receiving any valid UK tracking details days after the cancelation. It’s clear they are importing with someone in the UK slapping a Royal Mail sticker on it and forwarding it on to buyers. I could tell at that point that something fishy was up, particularly when emails from the seller were coming at 4 in the morning in badly written English.
As far as I am concerned the phone does not meet the contract of sale, I’ve given them clear instructions for collection and an address from which to collect it, and I’ve now bought elsewhere. They refuse to cooperate and so any further harassing communications from them which are not making arrangements to collect are being ignored. I’m not paying their return postage with £350 insurance and signed delivery, and I’m not paying a 20% restocking fee to cover their postage/import losses as a result of their misrepresentation.
Their eBay registered address is:
Jacky Ng
Flat 35, 3/F, Shing Yip Industrial Building,
19-21 Shing Yip Street, Kwun Tong, Kln
Avoid them at all costs.
You can only go through Ebay and Paypal procedures, if this is fraud then report to the police. far as I can see you have your refund anything else report. This is not unsolicited goods.
How about this instance:
I ordered an electric guitar online from company A, who took payment and I then had s contract with.
I received delivery of said guitar: from drop shipper B. 5 minutes later I also received a larger parcel from drop shipper B. Separate delivery, separately signed for.
Now, the delivery note stated that delivery B was not on behalf of company A but on another companies behalf; one I had no contract with. I also had no contract with compAny B, the drop shipper.
Now, although it’s obvious these are goods sent in error by company B, I did not order anything from them. I ordered from A and certainly not from C. Legally I think they would class as unsolicited??
Anyway I decided not to open the parcel. Yesterday, over a month after delivery j was contacted ‘urgently’, twice by company B requesting I call them back and arrange collection. Now, while morally I think I ought to, legally I don’t think it’s quite so clear.
Are these goods unsolicited?
Not unsolicited goods, legally must be returned at no cost to you. Please read post above
Thanks. Being collected next week.
I ordered an item from Walmart.com and then received that same item from somewhere else so I tried cancelling that item and for a few days it said cancelation processing and then today Walmart refunded my money but the website still said cancelation in progress and now it says shipped what should I do?
Not unsolicited goods please read post above for what you need to do.
Hello,
I have a slightly different issue to the other comments. I returned two items purchased online from separate companies. Couriers were arranged to collect both items separately, however the first courier turned up and told me he was booked to collect two items, I checked it was ok that they had different destinations and different companies, and he assured me yes, both items will get to their separate addresses. However, both items were tracked as delivered to Amazon. Amazon has refunded the item I purchased from them, and “lost” the item that was delivered in error. I have emailed Amazon several times, initially they said it would ‘turn up in 3-4 weeks when processed’ but that time has passed and they now say ‘sorry, we can’t help’. They clearly took receipt of the item that wasn’t intended for them and now won’t return it nor compensate for it – what can I do ?
Thanks
These are not unsolicited goods. Please see the relevant posts here and also here Also tips on complaining here.
I pre-paid a beauty retailer for a limited edition box of beauty products (worth £200) in Nov, due for February delivery. In December I cancelled the order and they refunded me the same day. However today I received the order by courier. I checked my online account and the status says ‘cancelled, refunded’ so must have been some sort of fulfilment error. Is this unsolicited goods? Morally, I will contact the company, but am wondering whether I have to legally or can I keep the order?
This is not unsolicited goods, please see post above.
Hi there.
I don’t think this has been covered so I’d really appreciate some advice.
I ordered two beds via the Wowcher website. They didn’t arrive on the specific day when Wowcher said they would (Friday 5th Feb), so I believe they were in breach of the Consumer Rights Act 2015. They refused to let me know who the merchant was, or which the courier was being used. After more emails and a lack of anything approaching decent customer service, I decided I wouldn’t wait any longer and requested a full refund on Tuesday 9th Feb. I then received confirmation on Wednesday 10th that the refund would be paid, after 5 days to clear. All of this is documented on emails.
However, today (Thursday 11th), one of the beds arrived. We were required to sign for it, but as we’d already cancelled the order and received confirmation that the refund would be paid, I’m not sure where I stand legally. Any advice you could offer would be greatly appreciated.
This is not unsolicited goods and is a mistake. Please follow advice in post above.
I just received a package of clothes today that I did not order. I have ordered from the company in the past, November of 2014 to be exact. I thought maybe someone duplicated the order from over a year ago and re-shipped but none of the items are what I ordered and received before. The Bill To is my name and address but the card number used is not mine. I did send the Company an email letting them know the mistake but for my own piece of mind is this considered unsolicited goods or a mistake?
This is clearly a mistake as someone has paid for the item. Please follow the instructions above as to what you should do.
I should have added that this is not my item! I haven’t purchased anything from Argos.
Hi, on Saturday I returned home to find a “We’d popped by but you’d popped out” card from Argos. It just noted that my item had been delivered to a neighbour. Yesterday I went to see my neighbour who said he had signed for the item but the delivery driver had no paperwork, so my neighbour didn’t know who it was for. He had opened, assembled and used the Dyson DC40. He said he had been expecting one himself. I took the item and the box. There is no indication who the item is for on the box. When I got home last night Argos had left another card to say they had called to collect the item delivered by mistake. I am unsure what to do as my neighbour has opened and used the item. I don’t want to become responsible for their actions. Please help!!
Please follow the advice in the post above. Your neighbour may also need to write.
Hi, I just wanted to say thank you for this article. I recently won a discount code from a manufacturer’s website and received the product for free. I sold it on eBay. I then went back on the website to see if the code would work again, thinking that if it did, and they send me the product again, it would be their own fault and mine to keep/sell. The product is on it’s way and now I feel terrible and was wondering whether I should contact them. Having read your post, I’m certain that I should contact them (in writing) and highlight the error that they have made by accepting the discount code a second time. I will give them a period of time to collect or send me delivery instructions for the return. In truth, I wanted to read your article and be told that it was their fault, and the product was mine to keep – my conscience would have been at peace and I would have made some money from the sale of the product. That’s not what your article says and deep down I guess I knew it wouldn’t. Thanks again for your article – it is clear and concise.
It’s not unsolicited goods. What kind of error it is – well a foolish one. Can’t believe that you are the only one to have tried it either. But I offer consumer advice – advice on whether you contact them is up to you. Can’t see them contacting you to say they want it back unless it says on their terms and conditions that code can only be used once you haven’t done anything wrong I would think. Who is to say you couldn’t use a code twice? If the site or code says can only be used once, well then that it your moral dilemma.
Hi I recently received a package in the mail from ups after signing for the package and confirming my last name the ups lady gave me the package I looked close after she left and realized it was not my name but I name placed an order for clothes 2 days before, but I did not expect that package until the following week. Anywho I opened the package and found that it was a computer !!!!The label had my address with a different name. I have waited a week for somebody to pick it up. To be honest I want to keep it… I have been reading leagally I can keep it because I never odered anything from the company and it showed up at my door with my address and not my name…
Sorry about the spelling errors!
This is not unsolicited goods – please read the post above about what you should do.
Hi,
We brought a brand new fridge. It was faulty and never worked.
The supplier sent us a second fridge. However the delivery driver refused to take the old/faulty one away.
We contacted the company and asked them to arrange to pick up the faulty one. They haven’t.
I don’t want the faulty fridge cluttering up the garage- am I ok to take it to the skip?
cheers
Not unsolicted goods. Everything in writing please follow advice given in the post. if they don’t pick up by date you need to contact your council about disposal.
Goods (Worth £20) were ordered online through a Chinese retailer and delivered using TNT and obviously VAT/Import Duty was expected.
However a Month after the goods were delivered TNT have sent an invoice for the VAT (£4) which was expected. However they have also included in the invoice an amount of £15+VAT admin charge (total of the invoice is £22). Given that they have already delivered the goods they have no leverage by holding the goods. I have no problem giving them the VAT that they paid on my behalf (and if the admin charge was proportionate I would have no issue paying that either) but as the goods were only £20 the value of the VAT and their charge now equates to more than the goods are worth.
Had they advised me prior to delivery or on delivery of the goods I would have refused delivery of the item.
As I have not entered into a contract with TNT it was the Chinese seller who booked and paid for the shipping on their account I presume. Would this come under an Unsolicited Service as they gave no option to refuse the charge or any right to cancellation of any implied “Contract” they may try to argue was signed by accepting the goods (without any prior knowledge of the scale of the admin fee)?
My current plan of action would be to send a cheque for the VAT amount and refuse to pay the other charge.
The letter tries to draw a lot of attention to HMRC links and phone numbers etc but as TNT have already paid the VAT technically HMRC are satiated. They dont care who pays as long as someone does. It actually ends with the following sentence “As TNT has acted in good faith and in accordance with H. M. Revenue and Customs procedures, may we respectfully request you remit payment of this invoice.”
Previous conversations on other forums where this has happened to other people have never ended with the poster actually saying what happened in the end. But they do make mentions to the TNT T&C’s which the Chinese company must have agreed to when opening an account apparently state if the receiver refuses to pay the bill they will charge the sender.
What is your view on the matter?
Your contract is always with the seller. You have purchased goods outside of the EU and would need to follow Chinese law of which I haven’t a clue! I don’t purchase anything from China anymore – have done through Ebay etc but always problems.
I ordered an item online but then cancelled it, with the payment being refunded. A month later I have received the item and no further payments have been taken out.
I notified the company who arranged collection, but the driver failed to collect that day and didn’t notify me. I again contacted the company stating that they failed to collect the item and now they are requesting a collection day again which is unsuitable due to my working hours. I have given them days and times that they can collect but they say they can only collect Monday to Friday up until 6pm, which is no use due to work . The company suggested taking the item to work, but it’s heavy and won’t fit in the car. They say if they cannot collect it then they will invoice me. Where do I stand? I don’t want the item but feel their collection days and time are impossible with work.
Please read the post above and see advice and links within it. Not unsolicited goods. If you take time off work they must pay your out of pocket expenses.
I had numerous issues trying to get a wooden kitchen for my daughter delivered which I bought online. I then received one, which was damaged so they sent another out to me. I requested that I keep the old (damaged) one until the new one had been built (in case I needed to swap any parts with the faulty one) as didn’t want to be without one for Christmas. A new one came and was built and I had a courtesy call to ask if it was all okay, which I agreed it was. I was then expecting someone to collect the other item. No one made any attempt to arrange collection, so I emailed them weeks later, and they told me someone would collect on a certain day. I waited in all that day but nobody turned up. Frustrated with the amount of time I had previously waited and days that I had been told I would have my item delivered only to be waiting in all day for nothing, I told them that I wanted it collected within 48hours or I would dispose of it. They emailed me back to say to give them 3 working days for the courier (who they said would collect urgently, and had contacted) to collect it.
Again it was not collected, so I emailed them to say I had followed their guidance, and waited in for another three days, and had now disposed of it.
They sent an email ignoring the fact that I had said it was gone, saying someone would collect within three working days. it also said that if I disposed of it, they would not be able to refund me?!? I don’t need a refund as I have already exchanged the product.
The item is large and heavy, and a severe inconvenience in my small two bedroom flat with a 6 month old baby and two year old. I feel I have given them plenty of time to arrange a return (they always knew I had it, and that it would be ready before Christmas) then after contacting them they tell me it will be collected and it wasn’t. And then again they said 3 working days and it wasn’t collected. (I had told them I would wait the three working days then dispose). Have I done the right thing?
This is not unsolicited goods. Please see the links in the post.
Every year a company sends me a book I did not order. I pay for it so they don’t ruin my credit. This year their web site to pay for it is down and they did not include a way to pay for it via mail. I never order the book, they just send it. Now what!?!
The fact that they are continuing to do it – you may have signed up for something check any terms and conditions and follow the advice above.
While on holiday over Christmas, 600 litres of heating oil which I had not ordered was delivered to my tank. My neighbour confirmed to the driver that this had not been ordered but as the delivery note had my name and address on it, and had already been paid, he put it in the tank…
It turns out that the order had been for another neighbour across the street, and looks as if the delivery firms office had filled out the delivery ticket incorrectly.
The firm are now asking me to pay for it or they will pump it out of my tank.
They have offered me a two pence reduction per litre if I pay for it. (Remember I already have a delivery note saying it is paid for). This would mean me virtually paying for their mistake. I have offered to pay half price (15p per litre) but the sales person refused.
What are my/ their options/rights. -?unsolicited goods
If they pump it out I would need to be present and as a professional engineer I normally charge an overhead rate of £90 per hour which I would expect to be reimbursed.
Your rights are as in the above post. Let them pump all of it out or pay for it. Them pumping it back out puts you back in the position you were before you received the oil therefore all legally correct. Irrelevant that someone else has already paid for it – they will refund it to him or deliver it. They are offering you a reduction in cost, they do not have to do this. Up to you, if you want the oil and it is cheaper than you can get elsewhere then take their offer which over and above their legal duty to do. If you want it pumped out and incur extra cost they must pay this cost.
Thanks for that. Their mistake, not unsolicited goods, but the whole process is putting me through unnecessary actions for which I would wish to be reimbursed.
The current price for heating oil is now 2p less than it was at time of delivery, so in effect I am paying for their mistake.
A little bit of give and take would be reasonable under the circumstances.
You’re welcome – as I said entitled to out of pocket expenses.
My 99 year old disabled father has now received 3 packages from Atlas Editions containing cheap plastic models of cars. After the first package arrived I telephoned Atlas and, after a 25 minute wait on an automated call at 7p per minute, I finally spoke with someone who maintained my dad had telephoned them, ordered the ‘free’ first model and given them his bank card details. My father is adamant he did not do this and I pointed out to her that their unwanted package and invoice for £11.88 had really upset my father. The woman agreed to put a stop on his ‘account’ so that “no further models would be sent out if he telephones us again” and she said he could keep the model without charge. Just a few weeks later another package arrived addressed to my father, this time with an invoice for £18.98 but stating a completely different customer number. A couple of weeks later a third package arrived, again the same customer number as the second package and again another invoice at £18.98. I’ve tried to get through by phone but the automated voice states they are receiving “unusually high volumes of calls” … I’m going to write to them quoting the various Consumer acts which protect my father but an internet search has shown that this company has been a lot of trouble to a lot of people so I’m very keen to hear your views please.
This is why I always say write don’t ‘phone as you have no record or evidence of what the woman said to you. Please see Tips for complaining. Write to the CEO using ceoemail.com. If they had his bank details they would have taken the money so make sure you state that. Also request the refund of the cost of the phone calls that you should not have had to make. State the laws above and that you are entitled to keep the goods as they are unsolicited unless they would like to prove that your father ‘phoned.
Thank you for the tip re. CEOemail.com – I’ll check that out right away. I have spoken to my father’s bank who said there weren’t any transactions showing, but I’ll keep a close eye on that too. Thank you very much for the other info as well ?
Thank you for being one of the very very rare people who come back to say thank you!
Hi, I’m not quite sure if the post explains my problem.
Few days ago, I called Vodafone with the intention of making an upgrade to my plan, so far so good. After choosing my new phone and the new plan, I got a confirmation email of the order, the problem with the order, is that it was addressed to my old address. I immediately called Vodafone with the intention of changing the delivery address. While talking to customer service, I found out that they also were sending me the wrong phone, so they said that they have to cancel the order. In the mean time, I have changed my mind of upgrading my contract because in the process they were quite rude. Anyway, two days later I got an email, saying that the phone has been delivered to my old address, I didn’t quite believe it, but I went and checked for my self, and there it was….. Now, should I treat this good as an unsolicited good? Since is not quite the phone I wanted in the first place?
You have been in contact with the company. You have a contract with them, they have clearly made a mistake. This is most definitely not unsolicited goods. You need to write to them see Tips. They are in breach of the Consumer Rights Act also see this post.
How are they breaching the Consumer Rights Act?
Please read the posts in the links in the post above.
Hi,
I have been having some issues with John Lewis lately in various mistakes they have made to my orders etc.
I finally got them to agree to refund my card and I returned the PC. They were due to send a replacement that was exactly the same as one they had already sent us so we declined and agreed to a refund instead. It was confirmed that we were getting a refund and no computer would be sent.
Then today I recieved a computer from John Lewis. I called them up and they said they didn’t know how but the refund had gone through, but then we were charged again and they sent the computer without our permission.
Would this fall under Unsolicited Goods? I have arranged a return and refund, and now wondering I should have made a bigger deal.
Thanks
Please see post above. This is not unsolicited good as it part of an order where they have just made mistakes. You can complain about the service and ask for something to cover the inconvenience although you aren’t legally entitled to it you can ask. See Tips. and Laws and this one may also be appropriate.
Okay thanks for the advice, I read it as though it was because they created a new order and charged my card without permission. But thanks for clarifying.
Hi, My son received some go white teeth whitening strips in the post. The whitening strips arrived, with an invoice to pay of £87. There are no telephone numbers to contact only an email address for queries. The invoice states an invoice number, contract date, Shipping date, payment due date and a swift number to make payment to. These were never requested and there is no address to send the strips back to. We looked online and as it was merchandise sent without request we believed that this would be classed as a free gift (albeit an invoice). Now we have received a further invoice, with an address in Estonia to pay in 14 days or we will incur further charges and it will be sent to a debt agency with additional costs of 15%. Help what do we do.
From Estonia would say a scam. I’m not a lawyer and you could take further advice from the European Consumer Centre . But unless your son signed up for anything, like a subscription/free trail then I would just ignore. It would be illegal in this country so doubt a scammer in Estonia is going to get very far taking you to court to pay!
I have also received the exact same parcel for the same amount today. Where do I report scams like this?
See link in previous reply
Hello, whilst I was out shopping 3 weeks ago my son signed for a brand new cooker, when I got home he told me my cooler had been delivered, I was confused as I had not ordered a cooker! I have searched high and low on the package and there are no details of who the cooker was ment for and no details of who delivered the item. My son said it was a big white lorry but he didn’t take notice of who, he had to sign a hand held device, but being 15 thet don’t take notice of anything. I don’t know if I can keep this item and sell ect seeing as I have no way of contacting anyone as there is no details anywhere on the package?
Thank you
The product has a brand name, a model and a serial number. So you can contact the manufacturer, give them these details and they will be able to tell which retailer that product was sold through and you can contact them. If you cannot find contact details you can go to this website: http://CEOemail.com
Hope that helps!
I recently ordered a 43 inch smart samsung tv.. when the lorry arrived to deliver the guy unloaded the TV into my car I signed for the TV and off they went.. when I got home I realised they have actually given me someone else’s tv off the lorry with the woman’s name on the delivery note.. th3 tv is a 48 inch smart tv curved! What do I do!? Am I in my rights to keep this item or where do I legally stand?
Mistake made, not unsolicited goods, please see post above.
I recently spoke to my mobile company regarding my contract end date/upgrade options. I decided that I would just let my contract run out (less than 2 months) as they couldn’t offer any great deals. I then received a couple of texts/emails stating that my order was being processed. I rang them, told them I did not order anything, said they were sorry and told me it would all be cancelled. A week later an iphone arrived for me, I didn’t even mention an iphone! I made it clear to them that I didn’t order anything or want to order anything. Is this unsolicited goods?
Thanks in advance
Not unsolicited goods, please see post above which I have updated hopefully making things clearer.
I ordered some headphones from John Lewis last year, they broke after about 9 months and they agreed to replace them.
About 2 weeks ago, I received recipt of 2 sets of these headphones, 1 of which that had been sent by accident.
I did the right thing and contacted John Lewis informing them of the situation. They said the headphones were sent directly from the manufacturer so they would contact them.
Last week I missed a phone call from John Lewis. The voicemail stated that I should call them back so they can organise collection. They have called me 4 or so times since then, all of which went to voicemail as I have been in work. Whenever I have tried to call them back I get put on hold and wait for ages.
The most recent voicemail stated that I should get in contact with John Lewis ASAP otherwise I will be charged for the goods.
Is this something that are allowed to do? Certainly, if I have time to contact them tomorrow I will, but where do I stand if they ask me to pay for them?
Thank you.
Please see the post above. Everything in writing always.
Would the goods I have received be unsolicited in this case?
Thanks in advance!
Please read the post. Goods are not unsolicited and they are trying to make contact with you.
I ordered an upgrade phone but the supplier ran out of stock. Anyway after 3-5 days I decided to cancel the upgrade and my contract which has been done. Anyway 2 weeks later I received the upgraded phone. Would this be unsolicited goods as I cancelled the order? If not where do I stand
I would say that was a mistake and you should follow the advice in the post above.
Over a month ago my wife signed for a parcel delivered to our house. Not knowing what it was she signed and took it in. She soon realised it was for the previous owner of the house (They moved 3 years ago). When opening the parcel to see if there was any further information to return she realised it was a brand new iPhone. I kept the parcel for a few weeks to see if anyone came to claim it although we haven’t heard a thing. I also read from your information above about contacting the phone provider. I have done this via email where a member of their team stated I would be contacted. I gave them 1 week to collect the item, although I’ve heard nothing from them and its now been nearly two weeks? Am I within my rights to keep the product now?
All as in the post above. It was clearly a mistake and she has signed for it and opened it when it wasn’t in her name. Your reason to open it was to find details for sending it back and you haven’t done so. It was not unsolicited goods. For these reasons I would give them more than a week. You have emailed asking them to collect and they have responded to say someone would be in touch. I would respond to that email again. Attach the email you sent giving a week deadline to the main address plus to the person who emailed you. You need to do everything you can before deciding to keep it. Bear in mind the person who actually ordered it and probably sent it to wrong address (perhaps not updated on the site) will be contacting them so they are likely to be in contact.
My sister recently ordered a phone upgrade and contract renewal from orange. After 2 weeks an iPad turned up so she contacted orange and explained that she was waiting for an iPhone not iPad. When an iPhone was subsequently sent to her she returned the iPad but orange say they haven’t received it and this was a few weeks ago. She has no proof of postage and the post office couldn’t help. They have now charged her for the iPad and disconnected her phone until she pays around £350 even though she has paid the actual phone bill and the phone is a free upgrade. Since she has signed no contract or requested the item that was wrongly sent, where does she stand?
Her word against theirs. In these situations you should ALWAYS ask for return packaging and always get a certificate of posting. If the item needs to be insured for postage because of value the retailer must pay. If she didn’t do all this then she’s going to have difficulty. It’s why you ask for postage beforehand and always get proof of postage. It wasn’t unsolicited goods as it was sent in error. So sorry not to give you a magic answer. Could have been stolen between posting and arriving, hence the need for paying (they would do this) for any extra cover needed.
You must be sick of hearing the same now, but I’ve honestly read and re-read through your post and all of the comments multiple times now and I’m just having some trouble working this out.
Why would a company ever admit to it being unsolicited, and lose the item, when they could just so easily say it’s a mistake and that ‘We want it back or else’?
It’s silly really as I’m not in this situation, but after stumbling upon your article and reading through it, I’ve become quite interested. I can’t help but feel that the law is made very much to the benefit of the seller? (If I was a little more childish, I might ask ‘Whatever happened to finders keepers? 😉 )
You’ve been great in pointing out in the comments which orders would be classed as a mistake, but I wonder if you could perhaps give some examples where you wouldn’t have to return?
Some companies systems are poor. Some companies training is poor. Some people employed in customer services are daft. Unsolicited goods are, these days, very rare. If you have ordered anything through a company, anything and you have received something else or something in addition then that’s a breach of various laws depending on what bought and where from. (See round the site). You should therefore contact the company because they are NOT unsolicited goods. Often you won’t get a response hence why you should say if I don’t hear by x then I will dispose of the item (so they can’t come back for it). I know many people who have done this, not heard anything probably because the company can’t work out what went wrong and so they kept the item. If you receive something out of the blue then that is something one could consider unsolicited rather than a mistake. If you leave it and keep/use an item that’s your moral issue to deal with but you are legally entitled to keep that item and then it would be finders keepers. But these are very rare these days!
Thanks very much for your time and reply.
I recently ordered a few items from a well known on-line store. All the items ordered arrived, but in addition I received a very large box with two children’s bikes in it. Is this classes as unsolicited goods?
Please read the post above.
Acouple of weeks ago I had my wallet stolen, I reported this to the police and also had my cards blocked, I received a call from Carfone Warehouse stating that a phone was ordered in my name but as no payment had been made they called to basically confirm that it was fraud, the person on the phone said he had cancelled the order but 2 days later I received a parcel with a brand new Iphone 6s inside, I then called the company it was sent from and also called the company that the contract was with as jet arrived with a sim, both companies ran me through a fraud briefing and I had to give details of my personal information/they both said they will be sending a pre-paid package or instructions on what to do next… It has now been 2 weeks and although this isnt a long time to wait I was wonderig how long you would wait until doing something about it, as I have tried to return the phone multiple times but nothing seems to be getting done. (Plus it is a very nice phone)
Thankyou.
It is so important that you put all of this in writing to them, don’t phone. You want a record of correspondence. Write giving a deadline buy which you expect to receive postage and packing and instructions or you will dispose of the item. Be very careful of giving your personal details to a company when you have been part of a scam!
I order an item, ordered and paid for only one, but they sent two. I have contacted the company three times to come and collect and they haven’t turned up. I can prove that I phoned them with an itemised phone bill. This has been going on for six weeks. Can I charge them storage as the item is quite bulky.
No. Write to them giving them a date by which you expect them to arrange to collect the item by or you will dispose of it.
Hi there, I wonder if someone can clear something up for me, it’s very simple but i’m over thinking.
I upgraded my phone contract, they sent two devices, I called them straight away and said that I two had turned up and what should I do. The employee assured me that I was a lucky customer and that I could keep the additional handset. I confirmed that I wont be charged any more and he went through my account and everything seemed normal. I double checked that I wouldn’t get charged any more and that I didn’t need to do anything with the phone and he said no.
Roughly 3 minutes later he called back saying if I wanted to return it he could arrange for that too, happy to do so I thought I might just mention if he got it wrong in the last phone call and that I wouldn’t be able to keep the device. He assured me that he wasn’t wrong and that if I wanted to keep it I could and we ended on that note.
Where do I stand with this? they told me its all fine and that nothing needs to be done and that I can keep the device?
I’m still uneasy about this, but I have 2 calls logged stating that I can keep the device? If they try and charge me for this does this come under the Consumer Protection from Unfair Trading Regulations 2008.
Thanks for your time
R
Always say get everything in writing. See tips. Keep a record of what you can. I’d get it in writing though.
Yeah I should of thought about requesting that at the beginning.
As the company is of a large scale and all calls are recorded I am relying on being able to request the call to be listened to.
I have made a note of the time and date of both calls made confirming this, I left both of the calls with him clearly stating that I do not need to return the device and wouldn’t be charged.
It’s madness! I went out of my way to return it but he told me to keep it.
Thanks again for your help.
If you receive unsolicited goods by mistake you say that you should contact the supplier directly. But there does not seem to be any sanction whatsoever if you do not? Is that the case. Essentially no fine, no imprisonment etc.
They could, in theory take you to court… I so want to test it though!!
My daughter recieved a bottle of tablets through the post to our address in the UK from the States. She did not order these, and would never order tablets online… period, nevermind ordering from another country. The address on the outside of the package is a distribution company that distributes small items, but doesn’t actually sell this or any other product (according to Google).
The slip inside does not show any cost of the item. Nor does it have a company address. The shipping date on the packaging slip is dated 9/5/2015 and states first class, but it arrived today 21/09/2015.
The disclaimer at the bottom just states that “hashtag fulfillment is a third party shipper that provides warehousing services to other companies”. We have no idea where they have come from,who sent them and have no way of contacting anyone over this. I do find it suspicious that these arrive 3 days after she had money removed from her building society account by an american company.
Hi,
I would be interested in feedback re. My situation:
I was looking at tents in a local store who were offering 0% interest free credit.
I got home, logged online & applied for the credit for the tent I liked.
My credit request was accepted and the bext step was to e sign the link & pay a 10% deposit.
I never went to this stage as I needed to discuss with my Husband. Who went onto convince me this was a bad idea & we should save up instead.
3 days laterthe tent arrived via a courrer company.
10 days later I recieved an e mail from the tent company asking me to complete the credit application or let them know to come & collect the tent.
I believe this is unsolicited goods, and am considering keeping the tent.
Please advise.
Please read the post above. This is clearly a mistake and they are arranging to collect the tent correctly at no cost to you. This is not unsolicited goods.
Hi, I ordered a tablet from an online retailer. The item was supposed to arrive within 3 days. A week later I call them and request an update on my order. At this stage they declare my order lost by Yodel and an investigation is launched.
I was expecting a few deliveries so I receive a postcard from Royal Mail requesting £15 for an item the sender did not fully pay for the postage. It was mentioned that this could be customs and handling charge. I assumed it’s another item So I went Royal Mail office and paid the charge to retrieve my item.
It turns out to be the tablet which was meant to be delivered by Yodel.
As it stands i’ve now incurred £15 for an item which should have been delivered by the original courier and all was already paid for.
Where do I stand and what should I do?
Thank you.
Your complaint is with the retailer not the courier. Always. It is up to the retailer to complain to the courier. Please see this post.
Hi there.
I wonder if you could advise. I have recently ordered aquarium treatment through eBay. Have been contacted by seller before my item arrived that there was terrible system error and 18 other packages had been sent to me. As I was not around neighbours signed delivery for all packages sent in error. I have received my item today for which did not have to sign. Obviously the seller is aware that error packages have been delivered (singed by neighbours) but since has not contacted me to arrange a courier. How do I treat error packages? Is there any reasonable time for seller to arrange a courier?
Please be advised by post above. All the information you need is above.
Recently I ordered an iPad Air 2 from O2 (20th July) and had it delivered by recorded delivery on a date I specified. When I received it I also received a Samsung Galaxy s6 too, which I did not order. I phoned up O2 and they could see no such order on my account but the phone is in my name and has my order number and customer number on the delivery label. O2 phoned the courier company (UK MAIL) but could not get through, they then tried a second time and phoned me back saying that the courier company will phone me the next day (21st July) to arrange a pickup as I should not incur any charges for sending it back as it was not my fault. I am still waiting for a phone call, not received one yet or heard anything for the last 2 days.
As it is an unsolicited good what are my rights? What do I do? I have already logged the mistake with O2 and have not heard anything back from either O2 or from UK MAIL.
Can I keep the phone or not?
You return the item. Write to them give them a specified time to respond or you will keep the item as unsolicited goods.
I phoned them and said the same thing.
You need to put in writing so that you have record. See tips.
Ok, thank you.
I recently ordered a computer power supply through Flubit.
They are a company to whom one provides an Amazon product URL, and who then find a cheaper supplier for the same product and order it for you.
When the power supply was due to arrive, I received a (higher value) monitor instead. I contacted the original seller through their website contact form to state that there may have been a mix-up, but they asked for the order reference, which I don’t have – only the Flubit reference code, which I gave them.
The seller are saying that they can’t find anything with that reference, which is all I have.
If they don’t have a record of the purchase that they can link to me, where do I stand regarding the monitor (which I am drooling over and would love to keep)
I have made every effort to inform them of the situation, and have email records of doing so.
Any help would be much appreciated!
Not unsolicited goods, just wrong item sent. Follow guidance in post above. You must do everything possible to return the item (at their cost). You also need to ensure no payment is made/returned and get correct item sent. After that it is down to your morals.
Hi, I bought a smartwatch from amazon, which they delivered, however the box was was badly tarnished, which I complained about. Although I didn’t ask for a refund or a replacement Amazon have sent me a replacement anyway and asked to return the original order. However as I didn’t ask for a replacement, and they deliberately sent the replacement is this an unsolicited gift?
Interesting, but no it isn’t unsolicited. It’s idiotic of them but you should return the original watch at no cost to yourself.
I ordered a personalised photo book with asda and the company delivered 2 of them to be collected in store. I’ve taken my copy but what about the 2nd one!? Its of no use to anyone else, and has my personal photos in it! Where do i stand? I’ve asked asda who said they need to check with their suppliers but i just wondered about it because of the nature of the product!
Be interesting to see what they say. It isn’t unsolicited goods. One could argue that they were not instructed to make two. I would also argue that they either have to give this to you for free or destroy it. (I know that sounds ridiculous but you wouldn’t want your personal photos going anywhere other than into your hand – if they destroy them then there’s a story for the media – idiocy.) It is a breach of the Supply of Goods and Services Act 1982 for not providing services with reasonable skill and care. Your contract is with Asda if it was them to whom you gave your money NOT the supplier, unless it you gave your money to them and Asda was just the collection point. If the latter deal directly with the company to whom you gave the money. Do not be fobbed off.
Fair enough. It would have been nice if they had actually had the item that they were advertising. I do appreciate you taking the time to answer, thank you.
Thanks for the quick reply. From posts on another forum, it sounds like I am not the only one in this situation. Other people are reconciled to returning the incorrect item for a refund. Can I return the wrong item and insist that they send me the correct one – they have, after all, accepted my offer to buy, have they not? – or in practice will I have to accept the refund?
If they refund they break no law. You can ask or re order.
I recently placed an order for a refurb chromebook from Argos via their ebay outlet store. Today I received a different model to the one I ordered. Does that count as unsolicited goods? Could I keep it and still maintain my contract with Argos for the advertised item has not been fulfilled? (I know it sounds, um, ungracious, but I have been messed around by Argos before and feel no obligation to do anything other than assert my rights.) I’d be interested to hear your take on this.
No, it is not unsolicited goods – they just sent the wrong goods, you need to inform them they should pay for return and send you the correct item. If they have messed you around please see other relevant posts such as the tips for complaining.
Please help.. My vax hoover broke and was still in warranty. Vax sent a brand new replacement model.. 3 days later.. Sent another.. Different order number, same model. Original was a free replacement so not been charged for either. Where do I stand legally with the second model, is it mine!? Thanks.
Details are in the post – you need to contact them as above.
Hi, so I had an email stating my email address with associated with a Similar email address then another email stating they had noticed unusual activity, so I went to the websit and changed my password which I notice on the account an unusual telephone number and deleted it.
I then received another email stating an order for an ipad had been placed, so I rung amazon to inform them and they could not see the order and we’re puzzled, at this point ould see someone’s details from colorando and I checked bank cards to be on the safe side none matched. I requested for them to delete my account and all details and to stop the order, as I had done what I could to prevent the order and protect my account.
I then received the ipad so at this stage I thought someone else had paid for it, well I have a barclays account that I don’t use and when I recieved the bank statement 3 weeks later I realised the payment was from my account.
I rung amazon and they informed me it is down to the bank if anyone so made a fraud claim with barclays and they refunded the money which I thought this was the end.
I then received a few emails from amazon.de one of them I thought was from them but realised it was the seller asking if I had sent the item back, so I runs amazon again to explain pointing out I did not know how to return the item for one as I did not open the account and I am not willing to return the item through amazon.de as I did not open it in the first place, and I’m not willing to pay to return the item withe paying it first which is what they were asking, so I asked for th to resolve the issue by getting a courier or prepaid label or any means of me returning it with no costs to my self and also I wanted to log a complaint due to the service I received (I had spoke to several colleagues and requested for my account to be closed and it still hasn’t, and of course not preventing the order being dispatched in the first place! I realised there are different systems country wise, but they did not work that out ad it is not my problem in the first place )
So since this a colleague of mine had advise this can fall under the category and was hooding you could advise please?
Thanks jemma
Little difficult to follow your post sorry. You might find this post useful. The above post should also help in what you need to do, although as the site is not UK, UK law will not apply, European will.
I was talking to someone through email from craiglists about a job, I wasn’t really replying to them until they mentioned they sent me a package, I opened it and saw it was an iPhone 6. They then told me to send it to someone else. Would I get in trouble for keeping it?
You haven’t given me enough detail here but it sounds like it was sent by mistake. Therefore falls into the mistake category and you should send back. (At no cost to you)
I can’t seen to find any information on my predicament so here it goes…
I ordered a TV online. I suspected something was a miss with when I recieved the confirmation email. It just didn’t look right. I allowed the 10 days delivery time to elapse before I tried to contact the retailer. I called them several time but was just put through to a recorded message advising that all there agents were busy and contact them via the website. There is no email address but you can send them a message via the website which I did on 3 separate occasions without response. The registered address of the company is just a mail forwarding address and not an actual office or warehouse.
I read some reviews on the company and it seems that many consumers have had issues with products not turning up / not being what they ordered. I stupidly paid for the TV with my debit card. I contacted my bank and they started a chargeback for me. I had to provide evidence of me trying to resolve the issue along with record of payment etc.
The full amount was then transferred back into my account and I cancelled my debit card as I was not comfortable with this retailer having my details. I contacted my bank and they told me the chargeback had been successful.
This is where it gets interesting. The TV then arrived at my home address via a haulage company!
I have no way of contacting the retailer. What should I do? Does this count as unsolicited goods?
You should do everything possible to contact the company who should pick up the item. That includes contacting the courier company. I would also contact the bank for their stance on it. Get this in writing refuse to accept verbal correspondence on the issue. I would then say that after you have done everything possible to return it (for which you should not pay anything) you are able to keep the goods, what else can you do? I’d keep for at least 6 months. This is not unsolicited goods as you ordered the item. It is however covered more by online ordering and they have breached that contract. Companies have to provide a means of contact on their websites in addition to their postal and email addresses. You can also look up the CEO contact details for the company at http://www.ceoemail.com Write, outline all the issues, inconvenience quote the laws etc, give deadline for them to pick up the item otherwise you will assume that you are being allowed to keep the item in return for the inconvenience. More tips on writing here.
I ordered a hoody online and it arrived with a huge branded mug along with it. This I assume was a free gift but was not something which the company said they were sending and was not something I ordered. The mug arrived broken. I ended up returning the whole order to them. If you receive an unsolicited item can you return it to them and expect them to pay the postage costs for its return? In this case I returned the whole order including the damaged mug (which were heavy and costly to send back) and they’ve refunded the original cost but not the postage.
Info you need here and here
Hi, I received a new phone which was an upgrade and then another new phone sent in error! I alerted them and arranged for a courier to collect, they did collect but then returned the phone to me once again with a note saying they could not accept the return, I then wrote a letter which I sent by recorded delivery saying that I still have this phone and that they need to arrange collection within 14 days or I will accept the phone as an unconditional gift, this was 8 weeks ago and I have heared nothing. I would like to sell, does the unsolicted goods allow me to do so. Thank you
In my opinion it would depend on reason why they couldn’t accept return, ensuring proof of delivery of letter/email saying 8 weeks or I sell on.
Following my experience please anyone who recieves goods they did not order, You must contact the courier or the trader to confirm you havnt recieved goods by mistake and keep evidence of doing so! YOU CAN NOT JUST KEEP GOODS SENT TO YOU THAT YOU DID NOT ORDER!!!
Correct as the second paragraph states. Thank you.
I recently ordered a cordless drill with 2 batteries & charger , I later decided not to go ahead with the order & contacted Amazon , I received confirmation from Amazon & the seller accepting the cancellation & saying NO money will be taken from my account . However yesterday the package was delivered , no money has yet been taken ,. How do I now stand
Please read the post above these are not unsolicited goods you need to contact Amazon.
How would you know it was a mistake i.e meant for someone else! due to the fact u didnt order it therefore it obviously not for you and meant for someone else! even if its addressed to you !
Not sure I follow your question, but I believe the answers are in the post.
I recieved a parcel that was addressed to me that i did not order! there was no senders details on the box or in the box!
I contacted the courier to notify them of the situation they stated they would look into who sent it and arrange to have it collected. They never did! After 8 months of no contact from either the sender or courier i decided to sell the goods! Upon selling the goods it turns out the sender had reported the goods stolen after he had sent them somewhere but some how ended up with me and addressed to me. I have now been charged with theft! My solicitor informs me as they were sent as a mistake they were not unsolicited!! Therefore my point is goods may be sent to you that you did not order and addressed to you, You have no way in knowing if they were a mistake or not! therefore any goods you receive that you did not order are not unsolicited as it could have been sent in error!
Whoooooah! Do you have proof that you tried everything possible to contact the sender? In which case I see nooooooooooooooooooo reason why you should be charged! You did everything possible therefore you should not be charged! Even items sent in error if you do everything possible to get the matter sorted the items become yours. Citizen’s Advice Bureau person was on Jeremy Vine show this week saying the same thing as far as I can see. Contact CAB. I am NOT a lawyer but this seems wholly wrong. I am seriously annoyed for you. Change your solicitor!? Contact CAB. I’m really peed for you! You know what? This seems really fishy? Sender private or trade? The sender has a case against the courier if the courier wrongly addressed them… You fight Peter, fight!
What do you mean by substitute good?
When you have ordered something – say a red jumper and the retailer send a blue one instead. Then you have other legal rights and other legal rights.