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leicesterlad1989

Unsolicited Goods

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Hopefully you guys will be able to help as I am in a bit of a moral dilemma.

 

I recently ordered a pushchair and a car seat from Kiddie shop in Peterborough, some of you may know where I mean and I received an email from them stating my order would be delayed but didn't specify a time. Bear in mind my order was already 2 weeks late by this point.

 

Now as you can imagine, you can't wait for these things when your misses is heavily pregnant so I asked what item or items would be delayed. No answer. I emailed them again and they pretty much gave me some bullshit answer about how their stock is ordered but they didn't clarify anything. I decided to go on a bit of a social media war and see if that got their attention and it finally did.

 

They agreed to send out a fresh order, which would arrive within 3 to 5 working days. I then received an incorrect pushchair. I contacted them and expressed my anger. They agreed to send out a correct pushchair and collect the old one. The very next day I received another incorrect pushchair!

 

I sent another email to tell them that the correct pushchair hadn't arrived. They told me that they would organise for the collection of the incorrect pushchair but I said I wouldn't release it until they supplied me the correct one. I thought it would be my insurance policy, so to speak. 3 days later they sent me the correct pushchair, along with the correct car seat. I've still yet to hear back from them reference collecting the old item(s).

 

Since then I have also received a further 2 pushchairs. In total I now have 4 unwanted pushchairs.

 

Are these items classed as unsolicited or not? How long do I need to hold onto them for? Would you contact them?

 

Also please understand these are a bastard of a company. It took me 2 weeks to even get a response from them. I know morally it's wrong to keep hold of them but I have so much hatred towards them and their lack of customer service that I really want to keep them as a **** you!

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I think the best way morally out of everything mate would be to log all this down, dates and times etc - emails and calls to them, what was said (not lots of detail - just sent wrong pushchair etc, recieved wrong pushchair etc) - hopefully you can remember most details. That way you've got a bulk of evidence for what's gone wrong. Then i would try and contact them to take back anything that's incorrect in one hit to try and close the thing out. It looks like either a) they are a mess and have just kept ordering you another one - and now they've all turned up - or b) (which i would worry about more) they are trying to stitch you somehow so you'll look the bad guy if you complain. Once it's all tied up, one horrendous google/online review should follow to warn others

 

 

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12 minutes ago, TAFKA Castroneves said:

I think the best way morally out of everything mate would be to log all this down, dates and times etc - emails and calls to them, what was said (not lots of detail - just sent wrong pushchair etc, recieved wrong pushchair etc) - hopefully you can remember most details. That way you've got a bulk of evidence for what's gone wrong. Then i would try and contact them to take back anything that's incorrect in one hit to try and close the thing out. It looks like either a) they are a mess and have just kept ordering you another one - and now they've all turned up - or b) (which i would worry about more) they are trying to stitch you somehow so you'll look the bad guy if you complain. Once it's all tied up, one horrendous google/online review should follow to warn others

 

 

My honest opinion is they are just shocking at their job. They claim they have had warehouse issues (possibly true) and their systems have been down. They have no phone number to contact them and every time you email you speak to someone else. I honestly wonder if every person I have spoken to has put a new order on for me. I could end up with 4 more car seats at this rate. All I wanted from them when I sent the original email was clarification as to what item would be delayed.

 

14 minutes ago, Innovindil said:

Flog em. 

 

If they ask for them you never saw a thing. 

That's the plan, although I did sign for them.

12 minutes ago, DJ Barry Hammond said:

 

You'll be sorted if your wife unexpectedly drops quadruplets then! 

We actually have 5 pushchairs now in total! We best not end up with 5 babies.

 

10 minutes ago, Webbo said:

At one time (not sure if the law has changed since) if the items hadn't been collected after 90 days they were yours.

I am trying to find the legislation for it. Someone said 6 months but I am unsure.

 

2 minutes ago, MPH said:

I wouldnt contact them, i think you have done lots of contacting. If they want  their stuff then they know where they are.

 

 

Honestly, I've got 30 pages of emails that I have sent them that I've just printed off. I do intend to let them do the chasing. I can't even keep track of what they are sending me. Each one seems to have a different order number. I specifically asked them if my new items would come under a new order number and I was told no.

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The hard part is working out if they are 'unsolicited goods' as technically you have asked them for a pushchair and they have delivered one or four on this occasion 

 

'unsolicited goods' are items sent to you that require payment but you have not previously agreed to acquire them before the sending of said item 

 

If items fall into the 'unsolicited good' description then you are free to do what you like with them as the law states 'unsolicited goods' are to be treated as a unconditional gift 

 

 

 

 

 

 

 

 

 

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5 minutes ago, jammie82uk said:

The hard part is working out if they are 'unsolicited goods' as technically you have asked them for a pushchair and they have delivered one or four on this occasion 

 

'unsolicited goods' are items sent to you that require payment but you have not previously agreed to acquire them before the sending of said item 

 

If items fall into the 'unsolicited good' description then you are free to do what you like with them as the law states 'unsolicited goods' are to be treated as a unconditional gift 

 

 

 

 

 

 

 

 

 

Yeah having read on the internet just now, I tend to agree. Technically not unsolicited goods I suppose. Although I did only ask for 1 pushchair and not 5 lol

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1 minute ago, leicesterlad1989 said:

Although I did only ask for 1 pushchair and not 5

Exactly legally That's the entire problem right there 

 

I would suggest looking up goods sent in error/mistake as that's what it technically is by them sending the wrong items 

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Vodafone once cocked up my order for a brand spanking top of the range phone on a new contract. 

 

Ordered 1, 4 turned up. Was only ever billed for 1. Nothing was ever said about it.

 

On a less profitable note, Sports Direct once sent me 2 pairs of shorts and I only ordered 1 pair.

 

Keep them.

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They're not unsolicited goods and they still belong to the company legally. The 'correct' thing to do would be to write to them and let them know you have them and ask them to be collected within a time frame.

 

It's up to you though. My mate got 2 TV's given to him by Amazon once and they never got back to him and I know of a couple of similar stories like that.

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The company is Kiddicare. They are part of the "World Stores" Group.

 

From my point of view I've now got the items I asked for, even though it took nearly 6 weeks to receive them and a number of emails, facebook messages and twitter messages. I really don't want to spend my life chasing them to collect their items, however I do agree perhaps a message would cover my back.

 

If you have the time, search for their Facebook page and read the number of complaints they have. I wish we did before we went. Everyone appears to be having the same issue regarding getting a response.

 

I think if it was only the one mistaken pushchair, I'd risk it but four is a lot of money to risk (£2,400 worth of pushchairs).

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Depends on whether you signed for them when they were delivered or not, because if you did, you can't really get away with saying they never turned up

 

I'd return them personally, save you getting billed 2 grand later down the road when they do their books

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I had a very similar thing last year with Amazon. I was working for NCS and had used charitable money to buy some sensory pods and was sent wrong/broken parts. I complained but had a huge issue in that I was no longer affiliated with the benefactor of the goods. I organised for amazon to deliver a new one and collect the wrong one and they only delivered a new one. 2 months later I got charged for it and then complained and got a refund. Was a bit of a nightmare.

 

Anyway to answer your question in terms of the law theft is appropriating property with the intention of depriving the owner of their property. As long as you allow them to retrieve the property then you're not doing anything wrong. You being in possession of the property is important as well as after a reasonable amount of time you'd likely to be deemed to have gained ownership.

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1 hour ago, peterborofox said:

Just out of interest did you buy from Kiddicare Peterborough? 

 

It's actually closed down now so that might be reason for all the cock ups 

Yep. Went there the start of June. I searched online earlier and read that. Dunelm have taken over and close the phone lines etc. Wasnt told this at the time of purchase. Id image it's part of the reason they cocked up.

 

53 minutes ago, Benguin said:

I had a very similar thing last year with Amazon. I was working for NCS and had used charitable money to buy some sensory pods and was sent wrong/broken parts. I complained but had a huge issue in that I was no longer affiliated with the benefactor of the goods. I organised for amazon to deliver a new one and collect the wrong one and they only delivered a new one. 2 months later I got charged for it and then complained and got a refund. Was a bit of a nightmare.

 

Anyway to answer your question in terms of the law theft is appropriating property with the intention of depriving the owner of their property. As long as you allow them to retrieve the property then you're not doing anything wrong. You being in possession of the property is important as well as after a reasonable amount of time you'd likely to be deemed to have gained ownership.

Well I have made them aware they have sent the incorrect items so it's down to them now. 

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The point you know that you've received extra orders and choose not to tell them it becomes theft because the dishonesty element of theft is made out.

 

Write to them and stipulate a reasonable deadline for them to recover goods and then if they don't get rid. 

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2 hours ago, DB11 said:

The point you know that you've received extra orders and choose not to tell them it becomes theft because the dishonesty element of theft is made out.

 

Write to them and stipulate a reasonable deadline for them to recover goods and then if they don't get rid. 

They are aware they have sent incorrect items. Ive sent an email and attached a photo.

 

As an organisation they are shocking. It took me two weeks to even get a response initially. 

 

Only yesterday i received an email from them saying "as they hadnt heard from me in 3 days, my claim is now closed." The email they attached was the email i sent them saying they could collect when i receive the correct pushchair. 

 

 

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