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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.

Find the sender’s details and  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. A suitable deadline is between one and two weeks.

Under the Consumer Rights Act 2015 you are entitled to the items that you ordered. Follow the advice in this post and Top 20 Tips How to Complain!

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.

I have received an order I didn’t make but everything is in my name?

This is very likely to be a scam. Companies send you items in your name so that they can write fake reviews particularly items from China and particularly Amazon. Ensure you change all your passwords for everything that may have been compromised. e.g. Amazon website, emails and any financial information. Inform the site if you know which it is that fraudulent activity has occurred on your account.

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. You could contact them in case a mistake has been made and to completely cover yourself as  truly unsolicited goods sent within the UK are very rare these days.

Your rights when you think you have received unsolicited goods and what you should do.

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!

Categories
Complaining about faulty goods Deliveries Financial issues Food from shops, hotels, restaurants & deliveries Holidays and transport Online shopping Supermarkets

All the laws and regulations you need to make a complaint about almost anything

Complain easily using consumer laws!

There are various laws which protect you against shoddy goods and services. All sorts! Here are the main ones.

Goods and Services

Consumer Rights Act 2015 – the most comprehensive useful law to cover you for most issues with products and services

Consumer Rights Act 2015 digital content the extra cover

The Consumer Rights Directive 2013  – these laws cover you for purchases in the EU

General

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

A Guide to The Consumer Protection from Unfair Trading Regulations 2008 (amended 2014) covers your rights regarding unfair contracts and mis-selling

Holidays

The Minimalist Guide to Complain your consumer rights, ATOL and ABTA and for packages booked before o1 July 2018.

All you need to know about the Package Travel and Linked Travel Arrangements 2018 all your rights for holidays booked after 01 July 2018.

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Utilities

Utilities are covered by the Consumer Rights Act 2015, however there are other rules and regulations specific to each sector

All you need to know to make a complaint about energy various posts with links to various posts that cover the energy regulations (OFGEM rules)

All you need to know about complaining to telecom providers various posts with links to various posts that cover the telecoms sector regulations (OFCOM rules)

Everything you need to know about your water supply your rights when something goes wrong

Further help for effective complaining

Why you should write not ‘phone to complain effectively the importance of writing not phoning when complaining

5 top tips for complaining effectively

Top 20 tips for complaining

 

 

For more help on complaining effectively see Top 20 Tips How to Complain!

 

 

 

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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!

 

 

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101 Habits of an Effective Complainer to take you from never complaining and being fobbed off to complaining effectively!