All you need to know about unsolicited goods

Have you received unsolicited goods?

Can you keep the goods you believe are unsolicited?

One of the most frequent things I get asked about is unsolicited goods. Many people believe that if they receive something sent by mistake they can keep it. Here are five situations in which people commonly think they can keep the goods when they legally can’t.

I have received an item that I did not order from a company I have used before. Can I keep it?

This is highly likely to be a mistake as your details will be on the company’s computer system and have been muddled with somebody else’s as a result of an administrative error.

You should contact the company and tell them that you have received the item and that you expect them, or their courier, to come and collect it. Give them a deadline for when they should do this and if you do not hear from them by this date you will dispose of the item.

I ordered one item and a different item came. Can I keep the item and get my money back for the item I ordered?

No. This is clearly an administrative error. You should contact the company, tell them what has happened and request return procedure details. Ensure that you are not paying for the return of the item. Although you are able to return an item within 14 days for a change of mind this is not a change of mind. This is the company’s error and they must pay for the return postage. You also need to make sure you have an evidence trail of the paperwork to show that you informed them that the wrong item was sent and returned so that you get refunded correctly.

The item was sent to my address but not in my name. Can I keep it?

You cannot keep the item. Look for a company address and contact the company regarding return.

I ordered an item from Company A. Company B supplies A and both sent me the item. Can I keep both?

This is a mistake. You will need to contact the company with which you do not have the contract (the company you did not pay) and arrange collection/return.

I received an order I cancelled. Can I keep it?

This is a mistake. As above, you need to arrange for a return by a deadline you give.

True unsolicited goods

Most people are familiar with the Unsolicited Goods and Services Act 1971. However, 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 explanatory note that accompanies 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”.

Explanatory note to the legislation.

You are under no legal obligation to contact the trader and can keep the goods. However, truly unsolicited goods sent within the UK are very rare these days.

woman holding box unsolicited goods your rightsFurther help

If you have issues such as those above, they will probably fall into a breach of the Consumer Rights Act 2015 which means you can still get redress.

Top 20 tips for complaining effectively.

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

For masses of information, tips, guidance, laws and regulations and templates GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

Complaining about goods and services – all you need to know

Consumer rights and how to use them when complaining about goods and services

There are loads of posts on complaining about goods and services on the blog. Here for ease are links for you to find the information most relevant to your issue.

Using consumer law to complain about goods

A Guide to the Consumer Rights Act 2015 – the main law covering faulty goods and services

What you need to know about the Consumer Rights Act 2015 digital content additional information

How to use the Misrepresentation Act 1967 all areas of the Act

The Acts of law protecting you from poor service & faulty items particularly useful for items and services purchased before 01 October 2015

Stories about using consumer rights to complain about goods

When flowers aren’t delivered: What to do a quick story regarding complaining flowers not delivered.

BHS customer care mistakes which made it look like it didn’t care! Although BHS is no more this story covers what you can do when a piece is missing from a product and you don’t want to take the item back, you want the piece!

How to beat Uncle Tom Cobley’s customer service a story of the rare occasion when it may be better to deal with the manufacturer

How to complain about an item over a year old and how not to be fobbed off

Rip Off Britain faulty goods

Complaining about services

A Guide to the Consumer Rights Act 2015 – the main law covering faulty goods and services

How to use the Misrepresentation Act 1967 all areas of the Act

The Acts of law protecting you from poor service & faulty items particularly useful for items and services purchased before 01 October 2015

Stories about using consumer rights to complain about services

How to get the cream (without being a clot!) a story of complaining about poor service when wanting a cream tea!

When flowers aren’t delivered: What to do a quick story regarding complaining flowers not delivered.

Not such an Easylife customer service a story about perseverance and complaining on principle

How to complain about deliveries

What happens when a business doesn’t prepare for a promotion story of how a delivery was late, then packaged badly causing damage. The claim.

Your rights, mail order, online and deliveries all you need to know regarding how to complain about purchasing items off premises

Deliveries ITV news with Martin Lewis, Helen Dewdney & Peter Handley

All you need to know about unsolicited goods what you need to know if you have received items that you didn’t order

Rip Off Britain shopping online

How to complain in different specific sectors

Electricity pylon Everything you need to know to complain about energy problems

 

All you need to know to make a complaint about energy posts about your additional rights specific to the energy sector for various situations

 

lap top on woman's knees phone in one hand

 

All you need to know about complaining to telecom providers posts about your additional rights specific to the telecom sector for various situations

 

 

Look out timber frame on a beach "researching, booking and complaining aabout holidays and flights. Tips, ideas and your rights"

 

All you need to know about booking/complaining about holidays/flights/travel posts about your additional rights specific to the travel sector for various situations

 

How to take complaints further

How to contact CEOs when and how to get contact details of CEOs and how to write a letter to a CEO

Alternative Dispute Resolution (ADR): What it all means post that explains what it is all about and how you can use it.

Landing in court with Ryanair warning about using AviationADR when dealing with aviation complaints

Ombudsman Omnishambles and More Ombudsman Omnishambles the research reports looking at how some ADR schemes such as the one run by Consumer Dispute Resolution Limited which used to run The Retail Ombudsman and lost the title are being approved and monitored.

Rip Off Britain Independent reports

Tips on complaining effectively

Top 20 Tips How to complain effectively! Lots of tips and advice to making sure you always get what you are entitled to when you complain

Top 20 Tips for Complaining Effectively

How to write a letter of complaint a sample formal letter  of a complaint written regarding an issue with Sharps fitting a bedroom.

Everything everyone needs to know about call centres the secrets of how they work and how to beat them

What happens when a business doesn’t prepare for a promotion outlines how you can get to the front of the queue of complaints.

Why you suck at complaining (and what you can do about it) not good at complaining? The reason and what to do about it may be here!

Why you should write not ‘phone to complain effectively whenever you can you should write not phone, here’s why.

Helen Dewdney, The Complaining Cow BBC Breakfast TV Discusses How We Complain in the UK

7 Common fob offs that companies use to not give refunds! typical fob offs companies use to stop you asserting your rights and how to address them!

15 Great words to use in complaints helpful to use in those emails!

10 Types of Complainer Which Are You? check yourself out!

How to Complain Effectively

How to use social media to complain

The twitter symbol How not to complain on Twitter

Is social media an effective method for complaining?

5 ways how not to use Twitter to complain (and 5 ways how you should)

 

Questioning why you should complain

7 Questions you should ask yourself if you don’t complain!

Warning: How not complaining drives up fat cat profits!

Complaining in the EU

What did the EU do for consumer law? various consumer laws that cover you when shopping in the EU.

What to do when your flight is delayed – the full guide everything you need to know about delayed and cancelled flights, your rights and how to take matters further and a warning should you use AviationADR

Look East interviews Ryanair CCO and Helen Dewdney

book Logo cartoon cow at a laptop of book cover. How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

For more advice, consumer laws and template letters GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

 

 

 

Nearly everything you could ever need to make a complaint about anything!