Question Delivered a free TV, what to do?

kristianity77

Well-known Member
So in a nutshell. Back in late March I ordered and got delivered a Samsung q90r TV. I didn't like It because of hdr issues so returned it. It was a ridiculously long process to get this returned due to covid and the store I bought it from said they wouldn't accept the return because it was after their 30 day return policy (they were virtually impossible to contact during covid!!!)

Anyway, I had a refund after a LOT of arguing etc, and the TV was collected last week (about 8 weeks after my refund).

Problem is, it was picked up when I was at work, missus was home so she dealt with it. Seems I got delivered a replacement TV that is sat in the box and and the shop in question is STILL virtually impossible to get hold of to let them know of their mistake. I have obviously not been recharged for this.

I know I should keep trying to get hold of them to pick this up but part of me is thinking sod it, i wasted literally tens of hours in waiting queues trying to sort this initially, it's not my mistake! I'm half tempted to do nothing more and just leave it in a box in the spare room and see what, if anything happens over the next couple of months.

What would you guys do?
 

Sloppy Bob

Distinguished Member
AFAIK this is not quite the same as unsolicited goods.

If a company, for no reason sends you something you never asked for, you can keep it. Doesn't matter if it's a bag of popcorn or a TV. They have no right to ask you for money.

This, however, is not that, it's an obvious mistake. An error has occurred and the company are entitled to their goods back.

In your case, send them both a registered letter and an email with a deadline to collect. If they don't contact you and don't meet that deadline, which has to be reasonable, say 30 days, then the goods are yours to keep and you have a legal right to dispose of them as you wish.
If they do contact you, then they should collect the goods at no inconvenience to you. (This doesn't mean you tell them they can only collect the goods between 3.17 am and 3.25 am on a Thursday if it isn't raining and Capricorn is under Leo)

I would check all the above though. This happened to me with a Synology NAS, I received an exchange under warranty and then a week later got another one.
I wrote to them twice, gave them 30 days and sent a few emails. Heard nothing until a few months later, they asked me to return it at my cost and they'd credit me with the costs once they received it. I said no, they had to arrange collection at a time convenient to me.
Again I heard nothing. I got a legal notification a while later. I copied them in on the emails and proof of the letters I'd posted as well as my willingness to return if they collected it. As they were being all "legal" I stated I had given them enough chances and plenty of time and that I had legally disposed of the goods and any further contact would be taken as harassment.

Never heard another thing.

That's the legal option.

The moral option. That's down to you.

Note that I believe you have both a legal and moral requirement to inform the company. If you do not, they can chase you for the loss of goods with you having no legal or moral high ground to come back with.
It doesn't matter if it's 3 months or a year. If you don't inform them and they discover their error then they can chase you for the goods or the cash.
If you've done your best to inform them and they do nothing about it, that's a different matter.
 
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kristianity77

Well-known Member
Well I have sat in a queue to their customer services twice for an hour each time before being cut off. I have emailed their customer services and this bounced back due to a "Skelton crew" only being on hand to covid so emails being replied to were a no no currently. I've also dropped a message via social media to them and had nothing.

To be fair, I'm not really too fussed what happens to the TV, but I don't see why I have to keep wasting my time trying to get hold of them I guess.

I guess they could quite rightly chase it up in a week, a month, or even a year, and I suppose of it sits in a box I can then just hand it back to them.

I guess what I'm unsure about is how long I'm supposed to keep trying for, before I'm entitled to do whatever I want with it
 

Sloppy Bob

Distinguished Member
Until you do something that is traceable and you have proof someone has received it then you have no real proof you've done anything and you haven't really tried.

Send a tracked letter. Until you do that, they can chase it for years as you have little in the way of proof you've tried.

Can you prove, during COVID, anyone has read your social media messages?
Can you prove you've phoned them with no answer?
 

kristianity77

Well-known Member
Until you do something that is traceable and you have proof someone has received it then you have no real proof you've done anything and you haven't really tried.

Send a tracked letter. Until you do that, they can chase it for years as you have little in the way of proof you've tried.

Can you prove, during COVID, anyone has read your social media messages?
Can you prove you've phoned them with no answer?
I can prove the social media one as I have a conversation list as long as your arm regarding the whole ordeal from beginning to end.

I guess I can easily prove waiting times on hold to them in phone calls quite easily through my online bill. And I obviously have the auto email response telling me emails aren't being monitored.

I guess I could walk into the nearest store and tell anyone who will listen what's happened. Then sit and wait a bit longer and see if anyone contacts me?
 

kristianity77

Well-known Member
Send the tracked letter, keep a copy of it plus the receipt from the post office somewhere safe.
Yeah that's what I'm going to do now I think and that's going to be the last thing I do.

So what should I be giving this for them to arrange collection, a few months?
 

Sloppy Bob

Distinguished Member
I can prove the social media one as I have a conversation list as long as your arm regarding the whole ordeal from beginning to end.
Can you prove you've told them you have a TV they want back and they've responded. If not, it doesn't count.

I guess I can easily prove waiting times on hold to them in phone calls quite easily through my online bill. And I obviously have the auto email response telling me emails aren't being monitored.
Again, nobody has responded. You tried to call but nobody answered. You haven't informed them you have a TV of theirs.
The email shows nobody is reading it, therefore you have no proof you've informed them.

That's why you need to send a letter. You can prove someone has received it and signed for it, if they chose not to read it, that's their issue.

So what should I be giving this for them to arrange collection, a few months?
30 days from receipt of the letter is more than adequate. I'd also send an email at the same time just copying the text of the letter. Although you may again, get an auto-response, it backs up you've tried more than one way.

I'd also state in the letter as well as having 30 days to collect the goods it must be at their cost and your convenience. If you work in an office Mon-Fri then it's not unrealistic to ask for an evening or weekend collection. In it, you should also add that if the goods are not collected in a timely manner then you retain the right to dispose of them as you see fit.
 

Trollslayer

Distinguished Member
The letter and receipt for the letter is all the evidence you need.
Putting in the 30 days notice is important because it means they are responsible for the consequences.
 

Thug

Moderator
There are possibly 2 offences i can see here (which would 'very loosely' fit) if you kept it.
The first is theft.
The second is theft by finding.
Both are quite easy to prove 'if you do nothing'.

The offence for theft is to 'dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it'.

The offence for theft by finding is exactly the same, however you have to take 'reasonable steps' to locate a lawful owner. The word 'reasonable' could be open to interpretation.

What ever you do, make a note of it somewhere.
Sending emails i would class as being a 'reasonable step' at trying to inform a lawful owner as its their official way of contacting them. Its not your fault that the email bounces back. Same as social media and telephone calls. Just as long as you can prove you have sent them.
However, sending a recorded letter would be the final attempt at informing them and showing without a doubt that you took all the steps you could think of and if they don't act upon that then what else can you reasonably be expected to do?

I think i would be charging a handling fee too, when you think that you have been looking after one of their products, you have contacted them numerous times and also sent a recorded letter at your time and expense.
What would they charge for a 'restocking fee'? I would request similar prior to the item being returned.
 

bogart99

Well-known Member
Do as suggested recorded, well signed for, letter and leave it at that.
One a slightly different note I am still waiting for delivery of a signed for letter I sent months ago. Post Office bloody useless give up with them. Tracking tells me I posted the letter, tell me something I do not know.
 

kristianity77

Well-known Member
Ok so slight update on this but not sure what to do next.

I've finally had my social media responded to. I told them that I was fine for any pickup after 5pm on weekdays and anytime with decent enough notice on weekends which I think is a decent compromise considering the circumstances.

The company is question is having none of it though and stating they can only pick up on Tuesday or Friday between the hours of 11 and 3 which I'm obviously not happy about as I'm not taking time off work and the travel to accommodate this, as it's not my error.

They aren't budging and are insisting this is all they can do. What should my next move be?
 

[email protected]

Well-known Member
Tell them to do one. You advised them, it's their mistake. It's at your convenience and not theirs. At that point I'd be advising them of specific times and dates.
 

Sloppy Bob

Distinguished Member
I'd tell them you want to be reasonable but it's their mistake and if they want the goods back it has to be at a time that's convenient to you.
You cannot take time off work so that leaves late afternoon, evenings and weekends.

If you get no joy, go ahead with sending the letter. This starts the process of their countdown for 30 days for collection.

What's probably happening is they use a large box courier like Panther or Arrow and they only pickup or deliver in your area at that time.
If they want the TV back they're going to have to pay extra for an out of those hours service or another courier they don't have an account with. They don't want to pay this.
Tough.
 
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kristianity77

Well-known Member
The last communication I had with them 15 minutes ago was that if I couldn't make myself available for a day time pick up was to drop the TV off at my nearest store .....at my convenience. Yeah, because my car will happily accept a 75 inch TV 😲

I'll now send the letter. I'm done communicating otherwise with these clowns.
 

Sloppy Bob

Distinguished Member
Regardless of whether you could or not fit it in your car. I wouldn't take the responsibility in case there's any damage. If they pick it up and it's damaged when they get it back to the warehouse, they delivered it, they picked it up, you just left it in a room, in a box, not your problem.

You deliver it to them and you potentially damaged it in transit.

If only that was a surprise.
"MOD EDIT TO EMOVE NAME OF RETAILER" in incompetent bunch of muppets shocker, hold the front page.

When all the other large scale electrical retailers went bust...

How they managed to be the ones that survived is beyond me. They're completely inept and try to wash their hands of your legal rights as soon as you buy the item.
 
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kristianity77

Well-known Member
They have been really quite pushy about it all so I've stopped totally now communicating with them via social media. Letter has been written tonight, it'll go recorded. Social media chats printed out. Evidence of all calls printed out . I've done all I can do
 

Thug

Moderator
Sorry guys, i have had to remove the name of the retailer as we have only heard one side.
I am not doubting what you say is true, but it could be harmful for AVF if we start naming and shaming.
 

AVtest

Active Member
Send letter stating 30days to pick up at your own (not theirs) convenient time due to loss of work time which they don't pay. Emails only or letter communication. If they don't pick up its yours, if they continue to harass just tell them you will launch legal action against them for harassment. Technically you not purchased this tv so you not obliged to any contracts with them. TV is on your property due to their own mistake so they better start taking it back or you will stick it in the yard to rain as have no space in house or tell them that you will report as lost item to police! Police will take it and good luck them taking it back from them :thumbsup:
 

larkone

Member
Don't forget to advise them that you will also be charging them a storage charge on a per day basis and that you are not going to cover any insurance for the TV whilst it is on your premises - entirely their risk.
 

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