To sell these items on ebay

[whattodonow1]

About 6 weeks ago I ordered several items from large retailer amounting to the sum of around £550. I unexpectedly had to go away up North as we had a bit of a mini family crisis and cancelled the order as it wouldn't be convenient taking delivery and decided I didn't really need items after all. Rang retailer up they cancelled order and refunded card.
4 days after date the delivery was originally due I had a manager ring up telling me that items had been delivered and signed for by my sister in law, she was coincidently in when delivery took place, feeding animals, obviously assumed order was valid and signed for them.
Manager asked me if I had lost my bank card, I had conincidently and cancelled it luckily, I'm assuming they were otherwise going to recharge the card but hadn't been able to because it had been cancelled thankfully, they would have done this without telling me, which I think is a bit cheeky under the circumstances!. I was a bit off with manager who was a bit rude saying he was suprised sister in law hadn't told me about delivery, this is because we had a lot on and she obviously didn't want to disturb us and said that I would need to arrange a time to get items picked up. I had to get off the phone as I need to pick my 6 year daughter up and couldn't be late so I told the manager he would need to ring back later. He kept going on and on and warned him that I would need to hang up as I wasn't in the position to be able to continue having conversation, I was going to be late. I had said repeatedly to call me back later to dicuss matter further. He continued discussing this, so I hung up. I've not had a phone call since and no other contact from this retailer either. I don't see why I should ring them paying extortionate 0870 rates and being on hold for ages but wonder if I can sell these items as they are currently taking over my garage. Thoughts please.

OK, I read DSR differently then.

whattodonow1 maybe the best for you is to call CAB and ask their advisor about your situation. I personally would have been trying to get in touch with retailer, but legally you may have already the right to them (I disagree with TotemPole though, I think the law is clear here, but I am not legally trained).

I don't know who is right and who is wrong either but I do think when they have made the mistake it should be them making an effort to contact me, will get legal advise and update you accordingly.

Have you phoned them? Surely this doesn't have to be such a furore?

bemybebe,

Years ago, some companies would send out goods without the consumer's request and say if they weren't returned within a certain amount of time they had to be paid for. People would pay up.

The unsolicited goods act was brought in to prevent this. Now the goods instantly become the property of the person receiving them so companies no longer do this.

The rule regarding 'goods sent in error' is if a company e.g. sends goods to the wrong address, or as in the OP's case a cancelled order is still delivered. In these cases the recipient isn't the legal owner upon delivery.

The consumer has an automatic right to cancel and rescind the contract at any time from formation of the contract until seven working days after the goods are delivered

The OP cancelled before delivery. So the cancellation is valid. This brings in the 21 day rule.

Though I'm not sure what the exact definition of 'tendered' means in this context. Does the initial phone call the manager made count, or would it be setting a firm date for collection, or does the actual pick up date have to be within 21 days.

I don't see why you are being so awkward about this! Ring them (google for a non0870 number if you want) and tell them to come get the stuff! Or email them, legally I think they have to have an email address somewhere on the website. Why are you being so huffy about it? OK they could have better service, but you seem to have taken extreme umbrage.

Just phone them and put an end to it. It might cost for the call, but it costs to list items for sale on ebay I think so either way you'll be very slightly worse off for getting rid of something you don't want.

TotemPole, I read it differently.

Your abstract does not refer to the situation described by OP, ie the contract was cancelled before the goods arrive. The abstract refers to the situation where the goods arrived, they were cancelled, the seller did not "tender" (also unclear) the goods within 21 days, the goods are treated now as unsolicited.

OP has a very different situation here. The goods were ordered, then cancelled before delivery, erroneous delivery took place and was erroneously accepted. The retailer tried to recover (if I understand correctly), but the negotiation was not finalized. Unsolicited goods reference is of no use here as they are not unsolicited as defined.

We have two issues here, moral and legal. Morally, I have no doubt that the OP is wrong to take such an attitude, but this is my opinion about right and wrong. Legally, she should seek proper advise (it can be free from CAB) as she may be liable after selling something that does not belong to her in a strictly legal sense and be out of pocket as a result of hasty decisions.

The contract was formed when they made the purchase. A cancellation from then until 7 days after delivery is valid.

I don't think the SIL signing would invalidate the cancellation.

There should have been some contact from the company since the initial phone call.

The contract was formed when they made the purchase. A cancellation from then until 7 days after delivery is valid.

Absolutely agree. That is why the cancellation is valid.

I don't think the SIL signing would invalidate the cancellation.

It did not. It was a mistake.

There should have been some contact from the company since the initial phone call.

Agree again.

Does this mean that legally (forget morally) the title is with OP. As I said, reading the DSR, it is not hers, but I am not a lawyer.

TotemPole check this out (Wiki I know is not the most reliable of sources, but there you go):

Unjust enrichment is a legal term denoting a particular type of causative event in which one party is unjustly enriched at the expense of another, and an obligation to make restitution arises, regardless of liability for wrongdoing.[1]
Definition:
1.n. a benefit by mistake or chance. Morally and ethically the one who gains a benefit that he or she has not paid or worked for should not keep it to the rightful owner's detriment. The party that received money, services or property that should have been delivered to or belonged to another must make restitution to the rightful owner. A court may order such restitution in a lawsuit brought by the party who should rightly have the money or property.[2].

1. n. A general equitable principle that a person should not profit at another's expense and therefore should make restitution for the reasonable value of any property, services, or other benefits that have been unfairly received and retained.[3]

Have looked at this again. I think the burden is with the OP to give reasonable notice to the seller to collect the goods. After that notice period expires then you can assume ownership but should give further notice before disposing.

So you need to email them saying please arrange collection within 7 days. If they do not respond it would be sensible to follow up with a call or email. Then after 7 days you can email again and say you are going to dispose of the items.

Or just call them. Probably easier.

Does this mean that legally (forget morally) the title is with OP.

I suppose it's this tendering of goods that is the issue and how much responsibility she has to chase the seller. If they aren't hers, then obviously she can't sell them on.

Morally, I'm on the fence.

I can understand her being peed off with the manager's attitude and the company trying to recharge the card.

But on the other hand, I can see how it might have looked to the company. Taking delivery of an unpaid for, cancelled order and cancelling the card it was originally paid with. This could have coloured the managers attitude, but he should have dealt with it professionally. A short phone call to say items have been delivery by mistake and need to be picked up, rather than getting into a conversation about the SIL etc.

The OP asked the manager to phone back later, he didn't. He didn't have to do it himself, he could have one of his staff deal with it. They must have a department/staff that deal with organising collections.

You cannot sell them that would be theft, you have to give them sufficient time to arrange collection of said goods i.e 28 days.

If I'm honest I'm morally on the fence to. Had the manager not peed me off, not tried to debit my bank card and this specific company not made a complete hash of an order I made just before christmas, (they'd promised me goods to be delivered within 2 days and then took over 3 weeks after loads of phone calls) I'd be less reluctant to organise pick up, however on the other hand I think this com,pany know my phone number I politely asked the manager to ring me back later and hes not bothered his arse to do so. The com,pany in question can well afford the loss and a childrens charity (they're toys!) would well appreciate the goods. I would morally prefer to give the goods or money earnt from them to charity and to be honest I am thinking that if the company were going to chase me for payment, knowing that they are aware I have the goods they would have done so by now. I'm wondering of they have written the goods off??? don't know whether to keep goods in garage and donate them to childrens charity at christmas time if I've not heard anything. Rightly or wrongly I could do this guilt free and would actually feel quite good about it. At the end of the day if I did end up getting billed for the goods I could afford to take on loss and would be prepared to take the risk for charity.