Question Delivered a free TV, what to do?

mr. shr

Active Member
From what the OP has said, they shouldn't have any issue presenting proof they have made reasonable attempt in contacting the retailer.
Now the onus is on the retailer.
 

kristianity77

Well-known Member
Basically there are no real updates. The company in question is absolutely adament that they cannot and will not pick up during the times I've suggested (Monday to Friday after 5pm or anytime at weekends).

When I first managed to get hold of them they arranged their delivery drivers to come out Friday, which I told them was a waste of time as I was at work but they sent them anyway as I had three missed calls.

They are saying I either deliver it to a store, or sort something so that someone is in during their collection times.

I'm absolutely fuming about this now as I see no real end to it. Even if the supposed deadline date that I set passes, I'm too worried to sell it or whatever incase I get harassed in the future.

I'm just an extension of their warehouse currently and there isn't anything I can do about it unless I take a day off work at my expense which they have already said they won't pay for.
 

Sloppy Bob

Distinguished Member
Contact Citizens Advice or Trading Standards.

Find out exactly what your rights are definitively and act appropriately.

As far as I'm aware if they are unable to collect at a convenient time within 30 days of that letter being signed for then you are legally able to dispose of the goods as you see fit.

But, and this is a very important but, I'm not a lawyer nor can I give real legal advice, only my experience of dealing with similar circumstances, my own research at the time, and the outcome I achieved.

If they back up what I've said. Stick it in a room and forget about it, be contactable by them to arrange things but stick to what is genuinely convenient for you. If it's not convenient then tough, they have to fit in around your schedule.
Absolutely no chance I'd take a day off work for them. Odds are you'd sit there and they'd turn up at 5.30 or not at all.
 

Thug

Moderator
Have you checked any of their terms and conditions about them holding goods for third parties? Possibly look at their service repair small print.
You may find it says uncollected items will be disposed of after so long.
If not, then ask them what they would do and do the same.
If their terms state ‘we will keep items after repair or if repair is not given the go-ahead for 30 days and if not collected we have the right to dispose of the goods or charge a storage fee’ then copy that as that is what they believe to be reasonable.

Because they are a company they believe they have more rights to demand than a member of the public does.
Years ago my brother billed a bank for letters he sent to them, in the same manner that they would send them and threatened them with court and he won and they paid him. If they can do it why can’t the average person.
 

kristianity77

Well-known Member
The repair terms and conditions regarding items being picked up after repair only states they can be disposed of after a "reasonable amount of time". So it's not specific.
 

Trollslayer

Distinguished Member
I assume you put a fixed period in the letter you sent and as long as it is reasonable e.g. 30 days then it's OK.
Of course if they want you to be in during the day for them to collect the TV then there would have to be compensation up front.
 

JCXDenton

Well-known Member
I don't think this is the consensus after reading these reply's,but if someone had sent me a state of the art QLED TV,technically free. Because of human error at their end and with no invoice of payment.Well,Xmas just came early....;)
 

AVtest

Active Member
I personally don't see the point why OP has to spend even a minute of his life on this. Retailer made a mistake so let retailer spend their time and money to get this right. He sent letter that's it, 30 days and do whatever you like with it. Just retain all correspondence for proof. They can't do anything as OP clearly gives them opportunity to pick up at his convenient time which is reasonable option.
 

bogart99

Well-known Member
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.
Why is that? it is always being pointed out on here that the view expressed a not necessarily those of AV
 
I'm ex police and it wouldnt be theft at all, as someone mentioned it earlier, he hasnt appropriated anything, whether dishonestly or not, it was sent to him, he hasnt tried to get this tv by any means at all.

Leaving it outside in the rain would be criminal damage though, as you were reckless in leaving an electronic item out in the rain as everyone knows electronic items dont fare well when wet.

"Intentionally or recklessly damages or destroys property belonging to another".

I would send them the letter as advised and on that state days and times for collection, it's their error you dont have to go out of your way.

Take screenshots when on the phone to them screenshots of emails and print outs of emails.

The onus of proof would be on the prosecution for theft and they would have to show that you actually tried to acquire the tv in the first place and then denied returning it which you havent.
 

bogart99

Well-known Member
I am no sure if you work. But when I did I was a union member and we had the right to contact for free the union's solicitor for free advice. Long shot but worth a try if you are a member. Also there are some solicitor firms who will give you 30 mins of free advice.
 

Bill St

Novice Member
It may be worth looking at the retailers delivery options. If they provide a preferred fixed slot for delivery then surely it would be reasonable to insist on a fixed slot for collection

eg From a different retailer that prides itself on it‘s delivery service :
“To match your budget and busy schedule, choose from a great range of delivery prices and times. Subject to your location and what you’re ordering, we can deliver same day, next day, on a date you choose, in your preferred timeslot, or for free – just some of the reasons 93% of Currys PC World customers rate our delivery service reliable.“
 
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kristianity77

Well-known Member
All sorted!

They told me they were sending someone out within the hour, and a guy in a white plain van turned up and took it away. How painless was that and why didn't they do it weeks ago.

At least I have my spare room back!
 

Sloppy Bob

Distinguished Member
How painless was that and why didn't they do it weeks ago.
It's because they're utterly useless, not customer focused in the slightest and only there to sell the uninitiated and generally clueless expensive warranties and add-ons at over inflated prices. They might throw in some electronics or electrical items in with the sale but they don't really care about them.

I never go near them other than to browse stuff. The last straw I had with them was years ago (15+?) when some staff member kept trying to push an extended warranty on me and wouldn't take no for an answer.

For a kettle @£24.99*. Get stuffed you muppets.


* - IIRC the extended warranty was an extra £7.99. Get double stuffed, it's a fricking kettle. Who buys an extended warranty for a kettle?
 

Aggrajag

Standard Member
They told me they were sending someone out within the hour, and a guy in a white plain van turned up and took it away
Timed that great didn't I! Got myself a beaut of a TV!! Joking aside well done, I'm glad this has resolved and you can finally relax, like you say though, why didn't they do this originally?
 

Rocketrazor

Active Member
All sorted!

They told me they were sending someone out within the hour, and a guy in a white plain van turned up and took it away. How painless was that and why didn't they do it weeks ago.

At least I have my spare room back!
Great stuff, piece of mind all sorted.
 

Thug

Moderator
Why not sounds like they fully deserve it. Wonder if they are an Av advertiser, hmmm.
I have absolutely no idea if they advertise or not, i am just enforcing the rules that say you cant be insulting to other members or companies.

I do agree in naming and shaming, but its not my view that matters, its the rules of the forum that we all agree to that matters..

I'm ex police and it wouldnt be theft at all, as someone mentioned it earlier, he hasnt appropriated anything, whether dishonestly or not, it was sent to him, he hasnt tried to get this tv by any means at all.

Leaving it outside in the rain would be criminal damage though, as you were reckless in leaving an electronic item out in the rain as everyone knows electronic items dont fare well when wet.

"Intentionally or recklessly damages or destroys property belonging to another".

I would send them the letter as advised and on that state days and times for collection, it's their error you dont have to go out of your way.

Take screenshots when on the phone to them screenshots of emails and print outs of emails.

The onus of proof would be on the prosecution for theft and they would have to show that you actually tried to acquire the tv in the first place and then denied returning it which you havent.
Sorry but you are incorrect.

appropriate

1. take (something) for one's own use, typically without the owner's permission.
"the accused had appropriated the property"


His wife had taken it off the delivery person, so therefore appropriated it.
They did not give them permission, and the OP would have known that permission would not have been given under the circumstances.
If something is given to you in error and you decide to keep it, then its theft,

Look at it another way, you (as in YOU) order something from Amazon, it gets delivered but you are not in so they give it to your neighbour and they decide to keep it. Is that not theft either?

Or, you are at home and the post comes. You rip it all open without checking it and notice a birthday card with £20 in it. The card has the name Billy inside, and you know the little lad next door is called Billy and that its his birthday, yet decide to keep it. Would that not be theft either?

At the moment of 'deciding to keep it' you are appropriating it (taking it as if it is now yours to take), knowing its not yours to keep.

Anyway, none of this matters as its now been sorted.
 
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Sorry but you are incorrect.

appropriate

1. take (something) for one's own use, typically without the owner's permission.
"the accused had appropriated the property"


His wife had taken it it off the delivery person, so therefore appropriated it.
They did not give them permission, and the OP would have known that permission would not have been given under the circumstances.
If something is given to you in error and you decide to keep it, then its theft,

Look at it another way, you (as in YOU) order something from Amazon, it gets delivered but you are not in so they give it to your neighbour and they decide to keep it. Is that not theft either?
After being Police for a few years, i now work investigating fraud, have seen a few of these cases where people have been sent duplicate items, items delivered to a wrong address and i can tell you that if he had been taken to court for theft it wouldn't have stood up at all, i imagine it wouldn't even get that far as there really isn't a case to answer.

Trying to argue you own interpretation of the law to prove a point inst working either I'm afraid, he hasn't appropriated anything, he hasn't taken anything, its been dropped off by a courier, yes its in his property but he hasn't taken anything at all and he hasn't kept it, hes tried time and time again to return it.
 

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