Unsolicited Goods

[greenrook]

Hello Everyone,
am I correct in thinking that if items are delivered to me without my ordering them, it is the responsibility of the sender to collect or otherwise retrieve them? You will gather that this question arises from my experience of one of the companies who sell you a loss-leader, then pretend to assume you want to keep receiving more of their products. I did cancel, by the way, in writing, but they say they didn't receive this. Fortunately, I didn't give them my bank or credit card details, so the ball is in their court.

[Canary42]

You are correct.

[boxtops]

As from Citizens Advice....

http://www.adviceguide.org.uk/nireland/consumer_ni/consumer_common_problems_with_products_e/consumer_problems_with_delivery_e/consumer_unsolicited_goods_e/youve_received_goods_or_services_you_didnt_ask_for_distance_sales.htm

[boxtops]

^ Also applies to England :)

[tonywiltshire]

A person who receives unsolicited goods, not a trader, may become an involuntary bailee of the goods, they should not dispose of or damage them, it is for the sender to arrange collection of the goods, if this has been requested but has not taken place you are entitled to treat the goods as your property after 30 days.

[bednobs]

however, they may well not be unsolicited - if you ticked (or didn't untick) something when you ordered the first goods, you may have agreed to have more delivered

[factor-fiction]

I would look carefully at what you signed up to. Out of interest, how did you pay for the 'loss leader' that you bought?

[joko]

if their terms state that they will send more, and you agreed to that then they are not unsolicited goods.

using the terms 'they pretend to assume' does not change the details of the agreement you entered into.

can you prove you sent them a letter? this may help if you have a PO receipt

[greenrook]

I apologize to everyone, my earlier 'thank you' post seems to have gone adrift. So I thank you all again. Factor 30, I'm happy to say I sent these people a small cheque, they have no access to my money. Their operation isn't quite a scam, though the Office of Fair Trading are unhappy about their methods. It works like this - you answer an ad, and buy rather a nice little item for a derisory price, and in due course it arrives, accompanied by an invoice. However, they ask you NOT to pay this invoice, but to accept the item free, with their compliments, and order another similar item, at a higher price (though not MUCH higher) in order to begin your 'collection'. Obviously, simply paying the invoice completes the contract, and that should be the end of the matter. But our friends 'lose' the cheque and the returned invoice accompanying it, hence my use of the phrase 'pretending to assume' and along come more items for your 'collection', but Lo! these are rather dearer. A 'phone call to the firm elicits the info that they never got my cheque (my bank statement begs to differ, because they've cashed it!) and they say they will now send a pre-paid label so I can send back the unwanted bits and pieces. I doubt if they will. I had a word with the Fraud people at my bank, and they tell me this selling trick has been around for a while. So there you go, I now know a bit more about Contract Law and other odds and sods than before, so no harm done.
Thank you all again...-G-