Home Entertainment & Technology Resource

  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

If a company sends you something you didn't order are obliged to pay for it?

Discussion in 'General Chat Forum' started by jayd, Jul 26, 2006.

  1. jayd

    jayd Well-Known Member

    Joined:
    Nov 28, 2005
    Messages:
    5,171
    Trophy Points:
    136
    Ratings:
    +579
    Hi just a quick question. A friend ordered something from a mail order company and paid for it with his debit card. Then out of the blue they have sent him the same order again and haven't charged him for it. I remember reading a while ago something regarding this but can't remember exactly what, can anyone enlighten to me as to what he should do. Not the morally correct stance but legally. TIA
  2. Chox1988

    Chox1988 Well-Known Member

    Joined:
    Mar 30, 2005
    Messages:
    16,734
    Trophy Points:
    166
    Ratings:
    +6,968
    legally if they send it its his to keep- im 99% sure that was what the last thread said but wait for one more opinion.
  3. FaxFan2002

    FaxFan2002 Member

    Joined:
    Jan 25, 2003
    Messages:
    1,820
    Trophy Points:
    48
    Ratings:
    +77
    I fink you have to call them and give them the oppurtunity to collect it at your convience and give them reasonable chance to do so i.e. 14 days (probably best to put in writing) after that I think it's yours to keep?
  4. jayd

    jayd Well-Known Member

    Joined:
    Nov 28, 2005
    Messages:
    5,171
    Trophy Points:
    136
    Ratings:
    +579
    I'm almost sure as well but want to be 100%, so I can buy it off him for a ridiculous discount and not feel guilty. :clap:
  5. Steven

    Steven Senior Moderator

    Joined:
    Feb 1, 2005
    Messages:
    35,487
    Trophy Points:
    166
    Ratings:
    +5,487
    That concerns unsolicited gifts - companies send you something then ask for money. With that telling them gives you a period of a month. Or keep shtum, they don't contact you, and keep it after 6 months!

    This just sounds like either a computer or human error by letting the order go through twice, so probably wouldn't be governed by the same area of law. I am pretty sure you can't count this as a unsolicited gift. Just tell them and be done with it
  6. jayd

    jayd Well-Known Member

    Joined:
    Nov 28, 2005
    Messages:
    5,171
    Trophy Points:
    136
    Ratings:
    +579
    Proof? :mad: ;)
  7. dannius

    dannius Active Member

    Joined:
    Feb 12, 2006
    Messages:
    3,079
    Trophy Points:
    106
    Ratings:
    +265
    Legally I would say your friend has a duty to speak to the company who sent it. It's the same as finding something in the street that doesn't belong to you, you have to take reasonable steps to trace the owner before you can claim it as your own.

    Not that thats what most people would do though...............
  8. Steven

    Steven Senior Moderator

    Joined:
    Feb 1, 2005
    Messages:
    35,487
    Trophy Points:
    166
    Ratings:
    +5,487
  9. chedmaster

    chedmaster Member

    Joined:
    Jan 29, 2005
    Messages:
    2,654
    Trophy Points:
    68
    Ratings:
    +33
    This happened to me with Amazon, but they charged me again a couple of days later (then refunded and requested that I send it back)
  10. jayd

    jayd Well-Known Member

    Joined:
    Nov 28, 2005
    Messages:
    5,171
    Trophy Points:
    136
    Ratings:
    +579
    So there is still no definitive answer in this case then? I'll guess I'll advise to call the company and potentially miss out on some heavily discounted goods. :(
  11. Andy__C

    Andy__C Member

    Joined:
    Jul 9, 2004
    Messages:
    41
    Trophy Points:
    6
    Ratings:
    +0
    I have a friend in a similar situation....



    About 7 months ago she had 2 amounts deposited in her account

    - £5000 :D
    - £450

    Both saying that they were from a student loan company.

    This lady never went to university, or attended any higher education after her GCSE's 12 years earlier......


    No Student loan repayemnts take place from her payslip (like mine do).... the money deposited really doesn;t seem like typical student loan amounts....


    Until now she has just put this money in a savings account and shut her mouth, but I know its burning a hole in her account badly. :suicide:

    General opinion is not to touch it for now, and maybe just earn the interest, incase one day its asked for back. :boring:

    I am of the opinion that after a year, she should withdraw it all in cash, and close all her accounts at that bank. Hopefully not leaving any paper trail..... then open up new accounts elsewhere.... and maybe the money is hers?? :smashin:

    Anyone know how this works legally? :lesson:
  12. lostinspace

    lostinspace Member

    Joined:
    Apr 30, 2004
    Messages:
    1,344
    Trophy Points:
    63
    Ratings:
    +110
    What happened to good old honesty? I'm sick to death of people wanting something for nothing.
    Tell them. It's the morally correct thing to do. If you don't, you have no right to complain about the thief who keeps something that's not theirs.
    I don't much like society these days where dishonesty is accepted as the norm.
    Do the right thing, not just sticking to the letter of law (whatever that may be).
    Someone will pay for this error. It may not be you this time, but we all pay in the end.
    • Thanks Thanks x 1
  13. Mrs AutomanUK

    Mrs AutomanUK Member

    Joined:
    May 4, 2006
    Messages:
    802
    Trophy Points:
    46
    Ratings:
    +108
    Surely a thief is someone who goes and TAKES something that is not theirs, not someone who innocently opens their front door to a package which they find when it's opened is actually a duplicate of the one they have already received. I can see there are morals and debates on both sides of this situation, but I would advise you tell your mate to do what he feel comfortable with. Put it in the loft and wait til they call. If they don't, then keep it. It's not like the company is sending something to you without hiking their prices up in some way. If it's a big company I am sure they will not notice this package when they are calculating their profits ! If your friend feels he should send it back, send it. I don't think you are going to get a definitive answer here ! We ordered a swing from a big company, the 2 types being one with a see saw and one with a rope to climb up being available for purchase. We got the cross frame for the rope but the apparatus for the see saw which could not fit the cross bar as it was. I called them and explained that we needed the rope sending, and instead they sent a whole new swing. I called them and explained, and they said, it's ok, we had to put it through as a new order so please keep the other swing with our complements. Well thank you very much said I !! We took the rope bit we needed and sold the other swing set ( which would be complete with a rope too but easily purchased from a DIY store). It was with the company's blessing that we had both swings, and therefore selling one was up to us.
  14. shahedz

    shahedz Active Member

    Joined:
    Apr 26, 2005
    Messages:
    9,798
    Trophy Points:
    136
    Ratings:
    +968
    i don't see what this has to do with anything? do you expect the company to work at a loss and not put up the price of their product to cover the service they offer and a little for porfit? Irrespective whether the company make a profit or not , whether it's big or small it doesn't mean that it should make it alright to steal-because the company is big, the company makes profits!
    Due to the internet a lot of companies do not make huge profits because of fierce competition.
  15. shahedz

    shahedz Active Member

    Joined:
    Apr 26, 2005
    Messages:
    9,798
    Trophy Points:
    136
    Ratings:
    +968
    i innocently open my back garden and discover a football one of your kids has kicked over the wall, i don't give it back- does that make me a thief? i didn't ask for it, it's the same one you sold me last week because you had two. - it does make me a thief because someone else owned it in the first place.

    Regardless whether it's you or a "big ugly coporation" it's not right
    • Thanks Thanks x 1
  16. Joe90sDad

    Joe90sDad New Member

    Joined:
    Jan 28, 2006
    Messages:
    584
    Trophy Points:
    0
    Ratings:
    +50
    Did you double click on that stupid system Amazon have? It allows you to set the buy icon as a one touch system. Just one click and you've bought it with the money automatically deducted from your credit card. I did that once.
  17. chedmaster

    chedmaster Member

    Joined:
    Jan 29, 2005
    Messages:
    2,654
    Trophy Points:
    68
    Ratings:
    +33
    No I didn't and they realised the error and contacted me first, I never use that silly one click thing!
  18. jrh_james

    jrh_james Member

    Joined:
    Oct 18, 2004
    Messages:
    166
    Trophy Points:
    18
    Ratings:
    +5
    I'm pretty sure it's illegal to knowingly hang on to a wrongful credit - see the Theft Act 1968 section 24A, but then again IANAL.
  19. dannius

    dannius Active Member

    Joined:
    Feb 12, 2006
    Messages:
    3,079
    Trophy Points:
    106
    Ratings:
    +265
    In layman's terms a theft is when someone dishonestly takes possession of something that doesn't belong to them and doesn't intend to return it.

    Therefore no matter how you came into possession of something, if you know something isn't yours you should take resonable steps to trace the owner and arrange for it to be returned to them.

    Although it may be tempting to keep it as the company may never realise it is missing, by keeping it your friend will actually be committing an offence.

    I'd say give them a call and return it. :)
  20. pjclark1

    pjclark1 Active Member

    Joined:
    Jul 19, 2004
    Messages:
    4,411
    Trophy Points:
    106
    Ratings:
    +289
    The Theft Act 1968 Section1 (1) states that a person is guilty of theft if: he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
  21. Reign-Mack

    Reign-Mack Member

    Joined:
    Dec 8, 2005
    Messages:
    2,210
    Trophy Points:
    66
    Ratings:
    +217
    Good old honesty never existed we live in a society built on taking whats not yours and being dishonest and unfair to people...

    My friend left a very expensive mobile phone in the park this summer.
    Somebody found it, called one of the numbers stored on the phone and arranged to leave the phone with that person to return to my friend.
    • Thanks Thanks x 1
  22. unique

    unique Moderator

    Joined:
    Aug 14, 2005
    Messages:
    9,343
    Trophy Points:
    136
    Ratings:
    +1,255
    if they find out, they will intially try and contact the person and nicely ask for it back. if they refuse they can instigate court proceedings for the recovery of the sum.

    if your friend spends the money from her account and can claim/proove that she reasonably never noticed she had too much money (ie. she regularly has £6k plus in her account in credit) it can help her case, but if she withdraws all the money to put in another account it's evidence she was aware of the sum.

    if they have spent the money, they could be ordered to repay the sum in installments, and possibly pay interest and court fees if it was found they knew about the money and tried to hide it. if she can prove she spent it in error they might get away with the costs and interest

    i'm sure at some point the sums will be spotted. company audits might take place only once a year, or the sum could belong to someone else and when they spot it's gone missing they could arrange and investigation up to 7 years down the line

    even if she closed all her accounts, it's not impossible to trace her. the old bank would likely help, and have her address etc. for the sum of money involved they probably wouldn't mind paying for further traces, or even someone turning up in person

Share This Page