Should I tell Tesco I basically stole £300 from them?

[loamy]

Just checked my banking app and had around £300 more than I was expecting. Turns out that one of our shops was cancelled by dh but it still showed up for delivery. Husband wasn’t in so son accepted the order AND we got the refund. So it’s actually funny because our texts shows us getting our wires crossed. Husband thought I had unilaterally decided to reorder. He asked “so you did decide to do the shop in the end” and I answered in the affirmative as I very coincidentally happened to go into M and S for some bits my daughter wanted to try. And it was that I thought he was referring to. I thought her was being sexy cause dd went a bit overboard with the cookies, dips etc

Anyway, it’s been about three weeks. I guess this has slipped through.

Wouls you tell Tesco? I’m surprised that the idea of being sneaky flashed in my mind.

It was a pricier shop as DH ordered a few nicer bottles of wine to enjoy for a family event.

You're obviously not going to tell them and try to pay for it.

OP was not legally obliged to pay for it when it arrived. As you say, that would be an awful world.

OP had an obligation to inform the supplier (or at least attempt to do so in a sensible manner) that a duplicate order had arrived (of goods that she originally ordered but then cancelled). Beyond that she had no other obligation and could not have been made to pay.

But OP not only did not do that, she then unpacked and consumed the goods that had been delivered so that the retailer could not attempt to recover them even if they subsequently discovered their own mistake. That is when she became liable. The acid test in this thread is that she would almost certainly have paid the retailer if they had debited her card.

The key differences in your case were that you never ordered the service; were unaware that a service was being provided anyway; did not consume the provided service; had no opportunity to inform then they were delivering the unwanted service; and also likely that the company suffered no loss in providing the service.

Absolutely not, good karma!

No I certainly wouldn't.

They gave their staff a £5 tesco voucher for Christmas, don't give any sick pay, basic holiday and expect staff to work all hours. Greedy company that treats staff pretty bad.

I would tell them. They'll probably tell you to forget about it, and then you'll feel good for having done the right thing. 300 pounds is a lot of money and you do owe it to them.

This happened years ago. I got our electricity bill and we were 140 in credit and not owing them 70 approx. Did say it was years ago and we were billed quarterly. The readings seemed OK and I was puzzling it over when I realised they had got the reading the wrong way round. Phoned to explain but the woman I was speaking to told me the readings were correct and therefore my bill was ok. I probably should have persisted a bit more as I obviously hadn't maybe explained myself well.
So that credit paid for my next 2 bills giving me 9 months free electricity

You seem quite intent on doubling down.

The OP did inform them she wished to cancel through their official channels. The contract was cancelled when the order was cancelled.

Yes, the goods may have been consumed depriving Tesco of the opportunity to recover them, but that doesn't automatically mean a payment is needed.

This is not a duplicate order of goods, where the OP may have to inform Tesco. It is the original order that was cancelled.

The consumer contracts (information, cancellations and additional charges) regulations 2013 covers distance sellers like Tesco online, it gives the consumer the right to cancel before delivery. Once a cancellation has been made the contract has legally ended. If the trader continues to deliver after a cancellation they've done so without a valid contract. This is unsolicited goods.

The OP can contact Tesco to inform them in line with the consumer rights act 2015 which states ownership doesn't pass without a valid contract, so yes Tesco did still own them. This means it was Tescos mistake, they likely don't have a collections system anyway, but they are responsible for recovering the goods at their own cost. Because the goods were unsolicited the OP is under no legal obligation to pay for those goods. I can't see Tesco losing sleep over £300 when it would cost them a far higher price to organise recovery of the goods or take this to court, which again, it's unlikely that they have the systems for.

And at that point you acknowledge the mistake.
i was brought up to know right from wrong.., this is wrong.

Absolutely not. You cancelled it, it’s their error!

All these people are out of their minds saying you owe it to them, of course you don’t!! People even quoting the theft definition 🤣🤣

They won’t come and collect the food as can’t re sell it. Returning the food is the only thing they’d be entitled too - not payment, and they wouldn’t want it!

Bootlicking?
To Tesco?
(You’re being very rude and personal.)
This is my morale stance.
If I found £50 in the street I would hand it in.
I would let Tesco’s know and if it was the other way around - Tesco’s took £300 off me by mistake, I would expect it back - and so would everyone else.
Treat others as you want to be treated

Mistakes happen, we all make them.

"If I found £50 in the street I would hand it in."

To whom???? 🤦‍♀️
FGS that's utterly ridiculous.

I would would wait for them to contact me regarding the error, you might find the non-payment is flagged on their system when you next do an order.

I guess legally they have 6 years to chase you for the debt but hey let them come to you it's their mistake..and I bloody hate tescos anyway but that's a whole different story!!

I wouldn’t and I wouldn’t lose one wink of
sleep
over it.

The police station
what if it was a little old lady shopping money for the week?
Do I real have it explain this ?
it wouldn’t belong to me.
I once lost all my bank cards - and surprise - they weren’t used , but handed into the police station and I got them back. (I had cancelled them but still)

@CanSeeClearlyNowTheRainHasGone
Thank you for your sensible post.

A few years ago my Amazon delivery didn’t turn up in time for Christmas. I was gutted. Eventually I reported it as a missed delivery. They sent out a replacement package. A few days later, the original one finally arrived. Did I keep it? You bet I did.

In May the following year, I got a very patronising and supercilious email asking if I’d received the delivery twice, and basically telling me I was a very naughty girl if I’d received two parcels and had only paid for one. MAY.

I told them in no uncertain terms that this was the worst customer service I had ever experienced and that it was beyond ridiculous that they were chasing this up in May when I’d been left without Christmas presents for my parents.

They never replied.

You seem quite intent on doubling down

I presume you mean that I am continuing to state the situation as I see it. I find it weird that people think you can take.advantage of others when they make honest mistakes. I think people are better than that.

The distance selling regulations are not really relevant here. Nobody on this thread is disputing that OP had the right to cancel the order at anytime.

Yes, the goods may have been consumed depriving Tesco of the opportunity to recover them, but that doesn't automatically mean a payment is needed.

No it doesn't immediately, but intent is important here which is why I've used the wallet analogy (theft by finding) previously. If you fail to make any attempt to inform the retailer and you also permanently deprive the retailer of they goods they still own, and you make use of the windfall, then you either fall under the theft act, or you have become party to an implicit contract. (The delivery is construed as the offer, the consumption as the acceptance, and the groceries and previously quoted ££s as the consideration)

Tesco are responsible for recovering the goods at their own cost

That's 100% true. The law has provided an acceptable remedy to Tesco, accepting that mistakes are.inevitable.
But as you have agreed, the OP denies them this opportunity for redress by consuming it all and it is this action which makes them liable. For example, if someone transfers £10000 into your account accidentally they are entitled to have it back. It is not a defense to say "sorry, I spent it all" and similarly it is not a defense to say "we ate it all"

I can't see Tesco losing sleep over £300

Neither can I. And I think the OP is foolish not to just tell them and likely have it comp'd and avoid all the angst. But what if the order had been £300,000 instead. Would you be making the de.minimis argument?

But the value doesn't change the law and it shouldn't affect our moral need to comply with the law. Similarly the fact that this is Tesco rather than a small business changes nothing either from a legal or moral standpoint.

From a POV of simple human decency in In layman's terms..., if you don't.like the steak send it back, don't eat it all and then ask for your money back.

I wouldn’t bother telling them just keep the money.

Agree completely
Very eloquently put
Surely people can see this.

So your worse than a shoplifter cool way to show your trustworthy etc. Doesn't matter if small shop big shop you've now just added onto the prices for the rest of us to recoup. Find it hard to believe you didn't notice a £300 shop in your house and couldn't have just rung asap and paid as your supposed to

You do realise they no longer take in 'lost property'
My local force doesn't there is no statutory duty to retain lost property.

My force hasn't the staff to run front offices for 'actual' crime let alone the logging and retaining of low value money

Fuck 'em

Tesco's profits are healthy. Keep it.

I find it weird that you insist on writing essays here droning on and on ad infinitum about the same point. 🤔