moral dilemma - wwyd?

[elportodelgato]

Not to give too many details...

DH & I have just spent £150.00 on an item for the family which we bought online. It has just arrived today and the company have instead sent us a completely different item which is worth considerably more (around £600.00) but which we don't want or need.

My first instinct is just to call them, tell them they have made a mistake and arrange for them to take the expensive thing away and give us the thing we actually want, even though this will be a major hassle for me, sitting around waiting for a courier with a rather active 10mo in our little flat.

My DH thinks maybe instead we should keep quiet, sell the expensive item on ebay and then buy the item we actually want again. Would this be totally morally reprehensible? It is the company's fault that they have sent us the wrong thing so we're wondering if we could do this, although this makes me feel a bit ill - and surely someone would find out??

WWYD?

You know YABU. You should call them, to do otherwise would be theft.

I wouldn't keep it.

ring them
hopefully your honesty will mean they give you a discount or something

It'd be theft - surely it's not THAT bad staying in for a morning / afternoon?!

They will probably realise. Insist they give you a specific time for making the exchange, as it is the company's fault.

Same thing happened to me.
I sent it back.
Company sent courier with a short time slot so didn't have to stay in too long.

Perhaps 2 items have been sent to the wrong address, and someone else has yours in which case they will be in touch with the family.

Are the items similar? Or completely different?

I think you should call them.

Lots of companies are struggling to survive in the current economic climate. Only because of this have I actually given thought to why things like shopping locally 'use them or lose them' is important...so I would 'fess up personally.

with the family?? WTF With the company obviously!

you are right of course, the fact that it makes me feel queasy is the biggest sign that it's wrong!

i also think it would be theft to keep it.

but i reckon my DH would want to keep it too

You should tell them. Of course. I think - and only think - that if after a time, and after you have told them that you are in receipt of unsolicited goods, and they haven't collected them, you might be able to keep them, but as this is thinking from two decades ago law school not paying attention, you shouldn't take any notice of me, and instead, ask CAB, but use the phrase "unsolicited goods". I don't think they can make you send them back, ie pay to do so. I think (and again this is scraping the barrels of my memory) that they have to do that.

HTH but hopefully someone with slightly newer knowledge can help.

I'd call them as they'll probably have records of deliveries sent so if someone has your item, it wouldn't be too hard to figure that you (or someone on the list) has the other item.

Think of it as karma.

Is it a small business or a multi national ?

I have had some huge problems with Homebase and their customer service has been so appalling if they or anyone in the Argos group did that I'd keep it, but if it's a small business I'd return it.

Obviously, it is theft, but I know lots of people who have done similar things.
It's difficult to say what I'd do without knowing the specifics.
It'd come down to a mixture of my conscience and my fear of getting caught.
My conscience doesn't bother me too much with large companies! But I'd rather sleep easy at night, so would probably send it back tbh.

I'd return it. But not because I'm a paragon of virtue. I'd tell them for my sake. Otherwise I'd be terrified that they'd realise their error, and then debit the money when I was least expecting it.

Or, even just that it would be on my mind for the next 30 yrs. Even after whatever it was you got that cost 600 was obsolete or had disintegrated, it'd be still there in the back of your mind. Bothering you, like a little scratch on your conscience.

By then, £600 will be worth about £30 and you'll be wondering why you held on to it!

Not sure what the legal position is - on the BERR site it says that you can keep unsolicited items but I'm not sure if this counts. Maybe call them & ask?

I'd probably call the company. But since you're doing them a favour, I'd insist that the courier comes at a time of YOUR convenience, not theirs. If you make enough fuss about the inconvenience you might even get a discount

Phone them up. It's theft my dear. I wouldn't want you to get into trouble. Honesty is always the best policy.

It is unsolicited goods if you tell them they have made a mistake and they don't make arrangements to collect. You don't have to do anything, they should arrange it all.

Unsolicited goods are things that you are sent through the post so that you can 'look at them with the view to buy'. Ie, that shite DVD comapany who send you DVD's you have not asked for when you ask them not to send them, legally, they are an invite, an unasked for item so you can keep it. It's different if it's a mistake though. Phone them up and tell them.

Oh, I'd send it back. I feel good when I do teh Right Thing. My partner, however, would suggest the same as your husband, I'm sure

You have to ring the company and tell them.
If they dont come and collect it, then you may keep it after a reasonable time.
What if you sell it? ANd then the company realise their mistake?

hmmm, well it's a pretty big firm actually, so perhaps I wouldn't feel too terrible ripping them off
just checked the delivery note and they definitely think they've sent us the right thing, so my hunch is that no one would be any the wiser unless we call them...

Actually I guess they have your credit card details so you don't want a nasty shock in a few weeks.

It comes under the distance selling regulations. Hold on.

Q4. Do I have to pay to return the goods?
When consumers exercise their right to cancel they are under a duty to take reasonable care of the goods and to ?restore? them to the supplier. The term ?restore? does not permit the supplier to demand that the consumer send back or deliver the goods, but only that the goods are made available to the supplier for collection.
The Regulations permit the supplier to include in the contract a term requiring the consumer to return the goods to the supplier at their own cost. The supplier may charge for the direct costs of recovering the goods if, on request, the consumer does not return them; this must not be more than the direct costs of recovery, such as postage or, for larger items, the cost of a van collection. Once the consumer has cancelled the order all money paid must be returned within 30 days of the date of cancellation.
The business is not entitled to charge for recovery of the goods if the consumer also has a statutory right to cancel the contract under other legislation, (for example because they are defective) or if the term requiring the consumer to return the goods is an ??unfair term?? within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999 and The Unfair Terms in Consumer Contracts (Amendment) Regulations 2001

Hold on, I'm not finished yet

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