All You Need to Know About Unsolicited Goods

Second to the original Tesco post this is the most read post. So we glean from that, that many people receive items that they did not request! However, most of the time these are not unsolicited goods. NONE of the comments from people believing/hoping that they have received unsolicited goods so far, relate to true unsolicited goods other than one regarding items from Estonia!

I have stopped all comments to this post because well over a hundred comments and only one was truly about unsolicited goods and they were goods from abroad. The answers to your queries are in this post and the links. Please read them! This includes the comments, your story will be there. Stopping comments hasn’t worked, people are still emailing me simply in the hope that their case is different. It isn’t. If you know the sender or can easily find out then it is up to you to take the risk of keeping the goods or notifying them. Simple. I will not respond to ANY email about unsolicited goods. Sorry, but I have had so many and every single one is answered in this post and I’m quite sick of it now to be perfectly honest! Don’t believe me that your query isn’t here? Try reading the comments too.

Unsolicited Goods
Most people are familiar with the Unsolicited Goods and Services Act 1971. Unsolicited goods are also covered in the newer regulations The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which say you have a right to keep goods delivered to you that you didn’t request. Specifically, from the legislation:

“Part 4 of the Regulations contains provisions concerning protection from unsolicited sales and additional charges which have not been expressly agreed in advance. Regulation 39 introduces a new provision into the Consumer Protection Unfair Trading Regulations 2008 which provides that a consumer is not required to pay for the unsolicited supply of products. Regulation 40 provides that a consumer is not required to make payments in addition to those agreed for the trader’s main obligation, unless the consumer gave express consent before conclusion of the contract”.

You are under no legal obligation to contact the trader and can keep the goods. However, true unsolicited goods sent within the UK are rare these days and I have yet to hear of any.

Request for payment 
Should you receive a request for payment from a trader for unsolicited goods it has committed a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008. You can report them to Trading Standards. Bear in mind that if you have chosen to keep an item sent to you in error which the company can prove  e.g. from a screen shot of the wrong code being put into the system then the company has not committed an offence and you will have to pay for the item should you not follow the advice below on “Not unsolicited goods

Not unsolicited goods
1) If you have been sent items by mistake; such as a duplicate order or additional items, mistaken identity, wrong address, in your name but you didn’t order them, any kind of fraud

2) Replacement order

3) Faulty item

4) Item you have that was faulty and waiting for collection at any point in the replacement process

5) If you have had any contact with any company and you have any order with them and they send you something different/additional

6) Substitute goods should be agreed with the trader and you.

For the examples above, the company is in breach of the Consumer Rights Act 2015. See also this post on deliveries. this is NOT unsolicited goods.

7) Thing(s) meant for someone else. Still not unsolicited goods if clearly a mistake and you are able to contact the company which sent the item.

What to do with non unsolicited goods
1) Contact the company and request that they come and collect the goods. Tell them that you are giving them 14 days in which they can contact you and arrange collection or you will dispose of the goods. Make sure that you do this in writing with proof of postage/read receipt email so that you have a record if you dispose/keep/sell the item. See this post.

2) There should be no cost or inconvenience to you. State also that you will dispose of the goods if you are not sent a return postage label/packaging or arrangement for a courier. Keep this correspondence evidence.

3) If you have been in contact with the company regarding ordering items see Mail Order, online and deliveries and Consumer Right Act 2015

Your call
Mostly, it boils down to morals and whether you want to take the risk keeping an item and I cannot make that call for you. But bear in mind that if the item(s) were sent in error (see not unsolicited goods above) they may contact you and if you have used the item you will have to pay for it. Many times the company says keep the item.

General rule of thumb which answers most if not all the questions in the comments – if you have received goods from a company that you deal with it is 99% likely that there has been an error such as someone putting in the wrong number into the computer. These are NOT unsolicited goods. Unsolicited goods are simply receiving something out of the blue from a company that you have not been in contact with!

You must try to do everything to return the item if it falls into any of the other categories above.

Worth saying again
It is extremely unlikely going from the popularity of this post and the comments I receive that you are in possession of unsolicited goods, or that your case is unique. You probably HAVE received poor service however and there is probably a breach of consumer law! For that, please see Tips on complaining, the links above re laws and the bestselling book How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

If you are having problems contacting the company try the ceo and you can get the contact details for him or her here at ceoemail.com

The days of receiving packages with a demand for payment seem to have gone as this is illegal and no-one in the comments below other than someone who received a package from outside the UK has received unsolicited goods.

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196 Responses to All You Need to Know About Unsolicited Goods

  1. Katie Rollings says:

    Hello,

    I have a slightly different issue to the other comments. I returned two items purchased online from separate companies. Couriers were arranged to collect both items separately, however the first courier turned up and told me he was booked to collect two items, I checked it was ok that they had different destinations and different companies, and he assured me yes, both items will get to their separate addresses. However, both items were tracked as delivered to Amazon. Amazon has refunded the item I purchased from them, and “lost” the item that was delivered in error. I have emailed Amazon several times, initially they said it would ‘turn up in 3-4 weeks when processed’ but that time has passed and they now say ‘sorry, we can’t help’. They clearly took receipt of the item that wasn’t intended for them and now won’t return it nor compensate for it – what can I do ?

    Thanks

  2. Ryan Evans says:

    I ordered an item from Walmart.com and then received that same item from somewhere else so I tried cancelling that item and for a few days it said cancelation processing and then today Walmart refunded my money but the website still said cancelation in progress and now it says shipped what should I do?

  3. Phil janes says:

    How about this instance:
    I ordered an electric guitar online from company A, who took payment and I then had s contract with.
    I received delivery of said guitar: from drop shipper B. 5 minutes later I also received a larger parcel from drop shipper B. Separate delivery, separately signed for.
    Now, the delivery note stated that delivery B was not on behalf of company A but on another companies behalf; one I had no contract with. I also had no contract with compAny B, the drop shipper.
    Now, although it’s obvious these are goods sent in error by company B, I did not order anything from them. I ordered from A and certainly not from C. Legally I think they would class as unsolicited??

    Anyway I decided not to open the parcel. Yesterday, over a month after delivery j was contacted ‘urgently’, twice by company B requesting I call them back and arrange collection. Now, while morally I think I ought to, legally I don’t think it’s quite so clear.
    Are these goods unsolicited?

  4. Sonic_Master says:

    I wish I had found this page sooner, it seems looking through their negative feedback that there have been a number of similar issues with other buyers.
    I purchased online from eBay a mobile phone which was described as new and UK stock. It was later marked as dispatched yet the Royal Mail Special Delivery Next Day tracking details given said that the item hadn’t entered the postal system yet. I gave it a few days and then contacted them to discuss, it soon became apparent that they are not in the UK. When searching for a phone I checked the search box to list only UK items. This seller is in fact based in Hong Kong. I immediately gave notice of cancelation to the seller but they refused to deal with me, I felt that I was being scammed.
    Some days later in the following week I received a package covered in foreign stamps and foreign postage marks. Inside that box was the phone, with the manufacturer seal already having been broken, and an attempt to disguise it with another label, clearly from the seller, advising that a 20% restocking fee would apply if THEIR seal was broken. There was also a foreign travel adapter and a warranty card for registration in Singapore. It’s clear that they are importing goods from outside of the EU, much less the UK. Having someone sit in an office to receive the import, slap a royal mail sticker and forward it on to a UK buyer who believes they have bought UK stock is fraud by misrepresentation and an attempt to deceive.

    To clarify:
    – They are fraudulently listing items as being in the UK
    – They are not complying with UK law by providing travel adapters for “UK” stock
    – They are listing the items as new when they are clearly at best open box, at worse second hand phones. Ebay has two categories for “new”, one is brand new sealed in box, the other is new opened box. Seller is intentionally trying to hide a broken seal and list as sealed in box.
    – There is a complete disregard to UK distance selling/consumer contracts legislation regarding cancelation rights, and an illegal 20% fee demanded for a return of an order cancelled long before it entered the UK postal sytem.
    – There is no UK/EU warranty
    In the UK and EU we are protected by the Consumer Contract Regulations which state that the goods advertised should be the goods received. We entered in to a contract of sale but that contract was not honoured through the seller’s misrepresentation of the goods and supply of a lesser product.
    I raised the issue with eBay and PayPal under fraudulent listing practices who found in my favour and refunded me in full. I have since sent a recorded delivery letter to their UK contact point (which appears to be someone’s home address) which was signed for. I have advised the seller that I will not be paying a 20% restocking fee, nor will I be paying for secure return postage costs, and detailed all of the areas of UK law and eBay rules in which the seller is failing to meet and intentionally deceiving. I’ve advised the seller to make their own arrangements for courier collection during working hours.
    The seller is responding with garbage threats of reporting to the police in multiple messages, and has given fictitious “police report” numbers to me. I’ve replied that that I would welcome police involvement to highlight the law being flouted and to investigate why my concerns have not been addressed by the seller. I’ll also be adding harassment to the list of problems with this seller.
    Negative feedback was left by me over two weeks ago, which was the same day eBay and PayPal granted me a refund. They have had two weeks to arrange for courier collection, rather than doing so I have simply been subjected to further emails of harassment and police involvement. I shan’t keep their foreign phone for ever and will dispose of it if several more weeks go by with no action on their part. Continuing to harass me through email with threats of police involvement unless I pay out of pocket for return insured and tracked postage to the value of £350 is simply not going to happen. I’ve used the refund to put toward a (more expensive) UK version from a genuine UK seller which is what these scammers should have provided in the first place. Their fraudulently listed handset is here ready and waiting for collection.
    I cancelled the order before their phone even reached the UK with several days waiting from the phantom dispatch notice to actually receiving any valid UK tracking details days after the cancelation. It’s clear they are importing with someone in the UK slapping a Royal Mail sticker on it and forwarding it on to buyers. I could tell at that point that something fishy was up, particularly when emails from the seller were coming at 4 in the morning in badly written English.
    As far as I am concerned the phone does not meet the contract of sale, I’ve given them clear instructions for collection and an address from which to collect it, and I’ve now bought elsewhere. They refuse to cooperate and so any further harassing communications from them which are not making arrangements to collect are being ignored. I’m not paying their return postage with £350 insurance and signed delivery, and I’m not paying a 20% restocking fee to cover their postage/import losses as a result of their misrepresentation.
    Their eBay registered address is:
    Jacky Ng
    Flat 35, 3/F, Shing Yip Industrial Building,
    19-21 Shing Yip Street, Kwun Tong, Kln

    Avoid them at all costs.

    • The Complaining Cow says:

      You can only go through Ebay and Paypal procedures, if this is fraud then report to the police. far as I can see you have your refund anything else report. This is not unsolicited goods.

  5. John-Paul says:

    Just looking for a bit of confirmation really. I recently had a slight faux-pas with a couple of items I sold on ebay. I mixed up the address labels so two buyers got each other’s items. Once is of significantly higher value than the other. I emailed the buyer who was accidentally sent the higher value item, apologising profusely and advising him to refuse delivery so that the item would be returned to sender and once I had confirmation, I would issue a full refund. However he has accepted delivery (perhaps not having read my initial email) and left me a negative feedback on e-bay.

    I have emailed him again offering to send a return label or arrange a courier collection and said refund.

    If he decides to keep this much higher value item, can I do anything?

    Thanks

    • The Complaining Cow says:

      Well hopefully the people who keep posting about not unsolicited goods but mistakes will take heed of this advice! I am not a lawyer and usually advise consumers on their legal rights. However, you are just on the opposite side of what I keep saying to people. You have sent items in error and therefore you are entitled to have them back. If I were you though, first I would go through the ebay and Paypal procedures. Good luck as Paypal frequently sees in favour of buyers even when they blatantly lie. Explain the situation. I imagine that you have already refunded/got the item back from the other party which will help the case. If you can’t resolve through PayPal offer the return postage and give date for when you expect to have it by or you will start legal proceedings in the Small Claims Court. It may well be one word against another as he may buy the item he should have bought from you from somewhere else and say he got it from you if he is dishonest! Then it may just come down to what the Judge believes. But if you have good ebay track record, evidence of all correspondence then probability is in your favour. Also point out in your email that you will add the court costs plus other out of pocket expenses. More details about Small Claims Court here.

      • John-Paul says:

        Thanks for that. Helpfully, he actually states in the negative feedback received that he received the wrong item. I’ve already email the other party offering a full refund once the other item is returned and to pay for his excess costs, so that should be OK.

        It sounds like the best option for the recipient of the higher value item is to send him a postage return label and lodge a small claims action if he fails to do so within a set period. I’ve already looked in the small claims stuff in Northern Ireland and it seems I can launch an online claim.

        Hopefully it doesn’t come to that.

        • The Complaining Cow says:

          Excellent, you have the evidence off to court you go unless he sees sense. Yes online – cheaper. But as I say go through ebay first as will be quicker. More details about court etc. in the book. Take a screenshot of that feedback in case he changes it! 😉

  6. Alan says:

    Hi, can you assist me with a query?

    Three weeks ago I ordered some Company A furniture from Company B. I had no direct contact with Company A at all. The furniture was delivered and that was the end of it.

    This week I received a delivery of furniture from Company A directly, for some items which I had no knowledge of.

    Company A are now, after I told them I had received these goods, threatening police action to reclaim them.

    Are these good unsolicited goods? Where do I stand on this?

  7. Siobhan Hughes says:

    Hi
    I ordered some make up online at a special price for smaller trial size products. I paid using paypal, they arrived and I had no problems. Then some weeks later a delivery of full size products arrived and £95.92 taken from my paypal account to pay for the goods, I didnt want, paypal refunded me my money but now the company who sold me the products are demandinh payment, do I have to pay. I still have the goods, unused.

  8. Mimi says:

    Hi
    I’ve got a bit of a different situation.
    I had a service problem with an electronic product so I called the brand direct. They said that it could be a cable issue so they said they will send me a new cable to see if it works. (Note: I did not ask for cable or pay for the new cable)
    I received a package from the brand with 10 of their branded electronic items none of which were the cable in question.
    What is my position on this?
    Many thanks

  9. David Lyon says:

    I have a slightly different problem, an item of equipment has been delivered to my address. It was addressed to my address with no name, but unfortunately the box has no paperwork or information about who sent the equipment. I therefore have no knowledge of who to contact about collection or return.
    Any ideas. Do I just wait indefinitely or is there a time limit when I can assume the equipment is mine.

    Ps I know someone out there is without something they have purchased and I would prefer to give to the rightful owner.

    • The Complaining Cow says:

      Blimey bit hard to follow the advice if you have no idea where it came from. Sounds very bizarre. There is no “set time” in law. But say the company worked out where the parcel went and took you to court, my understanding would be that the judge would determine “what is reasonable”. Yep how long is a piece of string. I would say a couple of months. Others may say this is too long, but you need to give enough time for the rightful owner to notify the company of non delivery. Then allow time for them to investigate and then contact you. Given that they put no name on the box and include no paperwork my guess is that the company is pretty inefficient in their processes so give it a good while!

  10. johnny carroll says:

    hi the company i used to work for fired me back in 2014 and they have sent me a box of parts it is now 2o16 do i have to send them back or can i keep them they sent them late 2015

    • The Complaining Cow says:

      Not enough information as to why you were sent them, what agreement you had, whether you had communication about the parts or what paperwork you have. Please follow advice in the post.

  11. Lucky? Lady says:

    Hi – slightly off topic but still relevant I think.
    I recently rearranged my gas and electric tariffs online and the tariff I opted for offered an incentive of a ‘thank you’ gift voucher for an online seller unconnected with the energy company. I received my voucher a few weeks later in the post but two extra vouchers have also arrived presumably sent in error. Should I return the extra two vouchers? Many thanks.

    • The Complaining Cow says:

      In theory sent in error, up to you whether you send back – same advice as above just need to think of the likelihood of them chasing you for it.

      • Lucky? Lady says:

        Thanks for the reply – I have an update. I have just contacted the energy company and they said either they are a replacement for a cancelled voucher or, to use the adviser’s words: ‘lucky you’. I asked him to confirm that OK to to keep and use if they do work and he said yes. (I have checked the vouchers and added to my online account with the retailer with no problem.) Seems honesty is the best policy and the big companies won’t bother with the paperwork to correct such mistakes. Plus I can sleep tonight with a clear conscience!

  12. eric wallington says:

    A month ago I ordered an item from a company and received some thing quite different I contacted them straight away and they said it would be picked up since then I have contacted them several times and I am still waiting, what else can I do?

    • The Complaining Cow says:

      Please follow advice in post above re deadline. Please also read post regarding Consumer Rights Act – this in not unsolicited goods.

  13. Rebecca says:

    I purchased a rug from a online high street store , I asked for a return due to a fault ,they accepted it was faulty and said they would swap it , the new rug arrived but the driver had no details or instruction regarding the collection of the faulty one , I’m still holding it awaiting collection and haven’t had any emails or phone calls regarding the old rug . What are my rights of no one gets in touch regarding the faulty rug ?

  14. Rosemary says:

    Hi. I have just received a mobile phone today that I did not order. It was delivered by Royal Mail and it was recorded mail. I signed it as my mother and I are expecting a few orders this week from Debenhams. The phone was in a box with my full name and address and on the back for sender was a post code only (GU6 7HJ ). All of this was handwritten in black magic marker. I looked it up on google and I don’t know anybody who lives in Surrey.

    There isn’t any paperwork with the phone. I haven’t opened the box and I checked my bank account and no money has been taken out. The phone is called Zenfone 5 by Asus.

    I don’t know what to do or who do I call. Please I need some advice. Thanks

    • The Complaining Cow says:

      Follow advice in post above. You can contact Royal Mail for details as they will have the sender details as you signed for it.

  15. Rosemary says:

    Thanks for the quick reply

    I have just been looking at my old email account that I don’t use any more and it was linked to my PayPal account. Somebody on ebay from america used my account to buy the phone and send it to me. Luckily PayPal stopped the payment (£128.59) going through and I have just been on the phone to them and they are going to investigate further and they have stopped the payment from going through.

  16. Neville Wade says:

    I ordered, paid for and received a model car from |Atlas Editions. I then received a succession of unsolicited packages. I haven’t opened these. I had an invoice from Atlas and returned this saying the goods were unsolicited and unwanted. I had no response but further invoices and told them, in October 2015 to collect the items of provide me with the cost of postage. I had no response, Is it now safe, 5 months later to dispose of the items?

    • The Complaining Cow says:

      Please follow the advice above regarding writing with deadlines. Please ensure that you have not inadvertently signed up to receive these on a monthly basis.

  17. Jim says:

    An item arrived at my address with someone else’s name on. I tried to track down the buyer for a month without success, then contacted the well known company who make the product. They were surprised I hadn’t just kept it. I expected them to get the distributor who sent it to contact me, another month has now gone by. I gave them the serial number, order number and my contact info but nothing has happened. Does it ever get to a stage where I can just keep the product as they have not done anything about it?

  18. liam inston says:

    a mobile company i have contracts with sent me a phone. I was due not due any other orders with them and did not ask them for a phone.

  19. Jade says:

    Hi, This one isn’t covered above. If I receive an item to my address with my name on it from a catalogue company but the account was opened fraudulently could I keep the item or would I need to return it?

    • The Complaining Cow says:

      Not unsolicited goods. Follow advice above. If account was fraudulently opened in your name you need to show evidence of this and request the return. Equivalent of sending by mistake.

  20. Terry says:

    Hi I am in dispute with hellofresh last year they sent me a box of food not orderd or chosen by us it had my name and address on it I refused it at the door but the driver said he couldn’t take it back as it was perishable so I took it in and threw it away now they are chasing me for payment what do I do.

    • The Complaining Cow says:

      Follow the advice in the post above. If you threw it away without making any attempt to contact them you will struggle with evidence and it is their word against yours. However, in court they would have to prove that you ordered it. You should ask for evidence that you ordered it. Write to ceo using ceoemail.com.

  21. FiFi says:

    Hi, i order TV through on-line retailer but when it was delivered it directly from the manufacturers it was discovered afterwards it was wrong one, they delivered correct one a few days later but never collected the wrong one. This about a month ago i never heard anything since and now they call to arrange it be picked up. do i have to give it back, i have dipsoed of it.

    • The Complaining Cow says:

      See the post above. This is not unsolicited goods it is an error. You will need to show evidence that you requested that they collect the item. You will need to evidence that you have disposed of it, will be tricky legally as it would appear that all parties acknowledged that an item was sent in error and that it is unlikely that someone would dispose of a tv. As sent in error see above.

  22. eileen whiddett says:

    I ordered a phone so that I could hear my callers clearly from Action For Hearing Loss. I found it wasnt suitable and returned it to them for a refund. Now had an email to say because the box was damaged they couldnt accept it back as the box was damaged. I had particularly packed it in another strong box and made sure it didnt move by stuffing with brown paper. I have emailed back to them explaining this and asking for my money to be refunded and im waiting for a reply. What si u do in the meantime if they decide to send it back to me despite this. Do I reject the parcel. And hope that it gets back to the original source. Will the delivery people give me a receipt. Hope you can sort this.

  23. Michael Brooks says:

    I just got home to find my central heating oil tank had been filled. From the docket it is clear that the driver got the wrong address. As per item 7 in your list of “not unsolicited goods” above this is clearly not unsolicited goods, but nor is it something that I can post back to the supplier, and since my heating system is operational one could argue as to whether or not I have already made use of the product (since their heating oil will simply have mixed with the half a tank that I already had). The rate that they are charging on their docket is rather high at the moment, so I am not keen on paying for this at face value. Am I within my rights to offer them a lower rate?

    • The Complaining Cow says:

      Just contact them discuss what they want to do and negotiate discount. If they won’t tell them to take out the amount they put in and charge for any costs you incur.

  24. Adie Mutlow says:

    I made a claim against my house insurance for a new Laptop and was given a spec and told the laptop would be sent directly to me from a company. I then rand my insurance company back to just confirm if they were sending me an i5 or an i7 (as I had an i7). They confirmed it was at first an i5 but subsequently cancelled that order and would send me a different i7 machine.
    The Laptop company contacted me and said my order was on its way and could I be home. I received the i7 as previously told.
    Then an hour later the i5 that I had been told had been cancelled arrived. I have not heard anything for 3 weeks. Where do I stand with the second laptop?

    • The Complaining Cow says:

      Not unsolicited goods please read the post and follow the advice above. You’re welcome.

  25. Harry Johnson says:

    I ordered an A3 guillotine (to cut paper with) from Amazon the other day with next day delivery. Today it was delivered by Hermes (UK) and they delivered my guillotine, however there was another box around the same size which contained a laptop? On the Amazon box, it had my name and address on, similarly to my other package. I did not pay for this, order it, or have anything to do with it – it simply came by surprise?
    Are these unsolicited goods? By that I mean, is the laptop an unsolicited good?

  26. Paresh says:

    I received two mobile phones from virgin media which I did not order or pay for. They claim that I am a customer, which I am not as I have not placed any orders with them or via any other phone retailer.

    What is the best way to deal with this matter as I wish to return the goods.

    • The Complaining Cow says:

      Please read the post and contact them as advised above. You’re welcome.

  27. Monika says:

    A month ago I received and signed for item in my name and my adress but I didn’t order anything like that now courier says he want it back what should I do?

  28. tony says:

    We sent a phone for repair to a specialist, however made an error on the address, would this be classed as un-solicated goods? It was sent to a firm of estate agent by mistake

    • The Complaining Cow says:

      They should in theory do what they can to find the sender. I would imagine that you have put all your contact details inside and that yo have contacted them though. Do so in writing and request it back. Up to you whether you then take them to court for the return! Would be hard to prove that it was delivered and kept though! You’re welcome.

  29. Claire says:

    Hi I received an email from my Doddle account saying I had a package to pick up. I went and collected it and opened it and it was some £200 shelves from a company I have never heard of or dealt with in my life. There was no despatch note inside (just a brochure for the company) or anything. It’s addressed to my name. I think maybe the person who ordered put the wrong Doddle account number. Have emailed the company that make the shelves to try find out who it was meant for. And have emailed doddle to see if they have more information about the sender. How long do I leave it before I get rid (or use!) them!?

  30. Isabel says:

    I ordered some clothing from an online retailer.
    They sent me a small jacket instead of an extra small jacket so not only could I not wear it, I had to pay to send it back to them as they don’t use pre-paid postage labels. I have been in correspondence with them on email for 10 days and they still haven’t said that they will compensate for my postage costs or credited the money back to my account for the jacket.
    What are my rights here?

    • The Complaining Cow says:

      Not unsolicted goods. Please see post above and links within for what to do . You’re welcome.

  31. John says:

    Hi,
    so I received a food delivery that i did not order, and there was no address on it. I accepted the order and threw it away. The next day i receive a letter stating that i stole their food and it is petty theft. Is that true? It turns out they put my address on it because of a mistake and they used to live in my apartment unit so technically the food was addressed to my apartment. They asked for me to pay them back. Do I?

    • The Complaining Cow says:

      Please read post above regarding mistakes. This is not unsolicited goods. If it went to court they would ask why you accepted the order and threw it away. You could report to Trading Standards in case it is a scam.

  32. Hannah says:

    Hi,

    We have been sent Franking Supplies which supposedly we had ordered over the phone. However the staff member who they claim ordered the items is a junior member of staff with no authority to make such purchases.

    Having spoken with the company they are adamant we made the order and refuse to collect the items and are demanding payment.

    Where do we stand from a legal stand point?

    Thanks

    • The Complaining Cow says:

      I’m not a lawyer but I would say let them prove you ordered them. Write as advised above regarding collection and ask for proof of ordering. They obviously have something -if they know that member of staff’s name. S/he may not have authorisation but they don’t know that. Tread carefully.

  33. derrick.spure@googlrmail.com says:

    Does the Act cover services the same as goods and services.I was charged a considerable sum by a mobile phone company when I noticed a fraudulent direct debit had been opened in my Bank account.I have never had an account or phone yet was threatened with bailiffs when I cancelled the direct debit It took me weeks to get to the bottom of the situation yet have received no apology or compensation.
    My bank refunded me the money taken
    How do I approach an apology and an explanation how my account was fraudulently used.I also want some compensation?
    Derrick

  34. Georgina says:

    I signed up to a new broadband/TV provider, they were offering a free tv with the deal but I cancelled the service in the cooling off period as they did not provide me with the service at all, I have never made any payments to the company as I was never billed because if the lack of service.
    Today I have received a TV! Would this be classed as unsolicited goods?

    • The Complaining Cow says:

      Definitely not. Clearly a mistake, please follow the advice above. You’re welcome.

  35. R says:

    I bought a livestock item but the wrong livestock arrived (worth more than the one I ordered)

    What do I do if they demand I return the livestock?

  36. Maria says:

    Hi there,

    I’m struggling with a NOT-unsolicited delivery. I bought one bed frame, but received two, which – if I understand your article correctly – means it’s not unsolicited goods. So following your advice, I reached out to the company, pointed out their error and tried to arrange for them to collect it. I explained that I work full-time and that I can only have couriers come by Monday-Friday between 7pm and 8am, which they don’t want to accommodate for. I gave them a few weekend options, but had only a few hours here and there in terms of my own availability, which they also didn’t want to accommodate for. They keep insisting that the only courier they have works within a 4-hour window, and expect me to sit at home and wait around for them to collect the item. On top of that, the courier can only provide the 4-hour window details less than 24hrs in advance of the collection date. This is highly inconvenient for me. I can’t keep a whole weekend-day free for the collection date (because the 4 hour collection window could be at any time on that day) until less than 24hrs before the collection date. I think that’s ridiculous. They’ve offered to reimburse us up to £50 if we arranged for the returning of the item, but as it’s a huge, heavy bed-frame, I can see us being out of pocket. Multiple times I’ve pointed out that if they don’t find collect at a time that is convenient for me, I will dispose of the item. This has now been going on for 30+ days, and we’re about to move house. We wouldn’t mind keeping the bed frame, but we just want to make sure we’re doing the right thing.

    Can you just advise us what we should do next? To be very honest, I’m sick of dealing with this company. I keep having to repeat myself that I cannot accommodate for any collection between 8am and 6pm on weekdays as I’m working full-time and weekends are super busy for me and I can’t just keep a whole day free for them.

    What should we do? I’m at the end of my patience, but I’m scared of them taking any sort of actions. Please help. Thanks!!

    • The Complaining Cow says:

      As you say, not unsolicted goods so not related to this post. Please see the links to the relevant posts in the post above. You must be reasonable when it comes to collection if you make it difficult then a court will not see you in favour of you.

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