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to keep the phone?

(7 Posts)
AmaraDresden Thu 29-Sep-11 15:44:56

Dp ordered a new contract phone and I waited in for it today to find they sent two in separate boxes, I know we can ring them and send it back so they won't charge us, but a friend mentioned that legally they can only collect it at my convenience and I could make things awkward so that we get to keep the phone. Of course a nice new shiny phone would rock as mine is not good, but could we get away with it as it was their mistake?

zingzillachinchilla Thu 29-Sep-11 15:58:52

er, you haven't paid for the second one. It wasn't your mistake, granted, but that doesn't mean it's a free gift. Why is there a need to be difficult about returning it - unless it really is difficult for you, YABU.

AKMD Thu 29-Sep-11 16:31:31

YABU, that would be dishonest.

Hassled Thu 29-Sep-11 16:34:32

You would be stealing. Maybe think about it a bit more.

YABU. I wouldn't be able to keep it knowing it wasn't mine.

worraliberty Thu 29-Sep-11 16:37:54

It would be dishonest

But then again, Argos sent me 2 kitchen bins when I ordered and paid for 1.

When I told the delivery guy, he said he couldn't take it back. I said "Well ok, but I'm only going to accept 1" And he said I couldn't, because they were part of the same order. I argued that they couldn't be cos I only ordered 1 but he wouldn't have it.

He told me I'd have to sign for them both, then ring Argos and arrange for 1 to be collected again.

I thought 'stuff that, I really can't be bothered with the faff!'

Graciescotland Fri 30-Sep-11 15:41:20

Unsolicited Goods. Where goods are sent to a consumer (this requirement is redundant here) with no contract stipulating delivery, the "recipient may [...] use, deal with, or dispose of the goods as if they were an unconditional gift to him"[14] and "[t]he rights of the sender to the goods are extinguished".[15] This is to prevent companies purporting to be entitled to monies whereby an individual receives goods and uses them. Note: this provision merely amends the Unsolicited Goods Act which provided that to be unsolicited goods, they had to be deliberately sent to the recipient with the intention that they used them. Goods sent in error are thus not unsolicited, but remain the property of the sender.

Stolen from wikipedia...

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