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AIBU?

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Original poster

To sign for the cancelled order and keep it? Any law people please help!

31 replies

Doubtfuldaphne · 22/12/2013 13:10

I cancelled an order made online as they said they could no longer get it shipped by Xmas
They still haven't refunded me for the item but have refunded the postage. They have since despatched it and are asking that I pay the postage again. No word about the refund for the item!
Is it now classed as unsolicited goods? In that case I could still keep it and fight for my money back!
If anyone has any legal knowledge is be very grateful

OP posts:
Original poster
Doubtfuldaphne · 22/12/2013 13:11

I would be very grateful not 'is be very grateful'! Sorry!

OP posts:
TickleMyTitsTillFriday · 22/12/2013 13:12

You have seven days to change your mind on orders made via the internet

Original poster
Doubtfuldaphne · 22/12/2013 13:20

I've just read that if I have already said I do not want the item then it is unsolicited therefore they can't charge me.
They have a month to collect it and if they don't its mine. That's the Australian law though and I'm in the uk
Hopefully it's the same!

OP posts:
bangersmashandbeans · 22/12/2013 13:22

I'd risk it! I once ordered some Ugg boots and they were out if stock so I was refunded....boots turned up a couple of weeks later. I reckon Ugg can afford it - and it was their error!!

themaltesefalcon · 22/12/2013 13:32

Now that's some lovely ethical behaviour.

lougle · 22/12/2013 13:33

No, it's not classed as 'unsolicted goods'. It's classed as a cancellation under the Distance Selling Regulations link

Whether you have to return the goods depends on what the contract says. You need to read it carefully. They must refund you in full, including the postage if you change your mind. The regulations don't insist that you return the goods, though - only if it's stated in the contract.

"3.60 Consumers have a statutory duty to take reasonable care of the
goods while in their possession. Where a consumer cancels an order
under the DSRs they have a duty to return the goods to you or make
them available for collection. The DSRs do not require the consumer
to return the goods but if the contract says the consumer must return
them and they do not, you can charge them for the direct cost of
recovery."

tiggytape · 22/12/2013 13:34

This reply has been deleted

Message withdrawn at poster's request.

ATruthUniversallyAcknowledged · 22/12/2013 13:35

So you want to keep something you haven't paid for? Because a company made the effort to communicare with you and then ship your order before Christmas?

What beautiful Christmas spirit.

Casmama · 22/12/2013 13:35

If it is for a gift I would pay the postage- I would rather someone dint give me a gift than gave me something under these circumstances.
You got what you wanted, certainly after a bit of hassle but I think you are being a bit of a chancer here.

CajaDeLaMemoria · 22/12/2013 13:35

No, it's not the same in the UK.

You ordered the goods, therefore they are not unsolicited. They are a mistake. You have a duty to look after the goods for a reasonable amount of time, and to make them available for collection.

Reasonable isn't defined, and would depend on what the judge decided if this went to court. The company could chase you for payment for up to six years though.IIt's hard to advise on whether there is appropriate precedent without knowing what type of item - you obviously wouldn't be expected to keep food for six years.

Leviticus · 22/12/2013 13:42

You don't need 'law people' to tell you that this is theft - whatever the technicalities.

kali110 · 22/12/2013 13:48

Lovely behaviour. Think you just want people to just tell you to keep it

ClutchingPearls · 22/12/2013 13:56

I can't understand your view point at all. You wanted an item before Christmas and cancelled as they couldn't, they then kept hold of the money and sent the item before Christmas. Now you expect a refund and to keep it because they delivered it on time? Hmm

I Think the fact they only refunded the postage shows they intended to honour the order. Them asking for postage back again is odd. Either offer to return it or don't expect a refund.

Keeping it and demanding a refund is morally wrong and you wouldn't get a refund anyway but if you did, it probably would end up with the debt collectors. A company won't think twice about it, is it really worth the hassle?

Lilacroses · 22/12/2013 14:01

No morally speaking you can't keep it and fight for your money back.....clearly there is no possibly way that is "right". That is very dishonest. I have kept things that have arrived unsolicited before but only after calling the company (book people) and telling them what has happened. In both instances they told me to keep the goods.

Floggingmolly · 22/12/2013 14:07

You have the goods and the company has your money...

Why do you imagine you have a leg to stand on in fighting for your money back; even leaving the ethics of the situation out of the equation? Confused

Beastofburden · 22/12/2013 14:41

You're joking, right?

And when the company has a bad Christmas and sacks people in the new year, that won't be your fault at all, will it?

GogoGobo · 22/12/2013 14:46

Yuk. Just pay for what you've got and if you don't want it, return it and get a refund. It's not difficult. YABU and displaying grubby behaviour :(

DoYouLikeMyBaubles · 22/12/2013 14:50

Just send it back and get your refund.

FeckOffCupofMulledWine · 22/12/2013 15:30

I wouldn't try to get the money back for the goods but I would probably not pay for the postage again and hope they didn't pursue it as the mix up about the dates was their error.

Original poster
Doubtfuldaphne · 22/12/2013 20:54

I think a lot of you have misunderstood
I was told quite a while ago it wouldn't be delivered in time for Christmas so I cancelled immediately and ordered another one elsewhere. They should have refunded me when I told them I needed the money back and instead they're hanging on to it.
I'm out of pocket with two of the same item now.
According to the cab, if you tell then you no longer want the item and have cancelled the order, then sending it after this makes it 'unsolicited goods'

OP posts:
kali110 · 22/12/2013 20:56

Then send it back

tiggytape · 22/12/2013 20:58

This reply has been deleted

Message withdrawn at poster's request.

HoneyDragon · 22/12/2013 21:00

Insist they refund you immediately and send a courier to collect it. The fault is there's me you don't need two. They should have refunded when you cancelled.

lougle · 22/12/2013 21:01

We're not misunderstanding.

The link I gave you says:

"3.17 If you cannot meet the 30 day deadline to deliver the goods or
perform the service, you must inform the consumer before the expiry
of the deadline. You and the consumer may agree a revised date
for delivery of the goods or performance of the service. But the
consumer does not have to agree to a revised date. If they do not
agree to a revised date, the contract must be treated as if it had not
been made, apart from any rights that the consumer has under it as
the result of the non-performance.

3.18 If you are unable to meet the deadline and have not agreed an
alternative delivery date with the consumer, you must refund all
money paid in relation to the contract including the postage and
packaging. Please see paragraph 3.49 for information on additional
services that may have been provided under a different contract.
The refund should be made as quickly as possible and within a
maximum of 30 days."

If you cancelled the order, they should have given you your money back. Now that you have received the item and they have your money, you simply contact them and say 'I cancelled the order but haven't received my refund. You have sent the goods to me which I don't want.'

They will refund you and they need to arrange to collect the goods/send you a prepaid returns label.

Onetwothreeoops · 22/12/2013 21:04

If you want a refund then return the item. You've paid for it and received it. If you don't want it send it back and get your refund.

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