FabSwingers.com forum: The law ...

By *estSussexGuy76 OP Man
over a year ago

copthorne

Afternoon,

I have a question for you fabbers.

I have received a package I didn't order. The fault is from a very well known retailer.

They have contacted me admitting their mistake and would like the package back.

Apart from morally I should give this back, however if I wanted to be cheeky and keep the package am I able to do.

I've read I am in my rights to keep it, just thought id ask the question.

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By *naswingdressWoman
over a year ago

Manchester (she/her)

Why do you believe you're in your rights to keep it?

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By *ophieslutTV/TS
over a year ago

Central

I think you can charge for storage.

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By *icecouple561Couple
Forum Mod
over a year ago

East Sussex

No idea I'm not a lawyer. Isn't there something about unsolicited goods and the law of contract?

Send it back, they've asked, they know you have it and you might want to buy from them in future.

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By *rwhowhatwherewhyMan
over a year ago

Aylesbury

"No idea I'm not a lawyer. Isn't there something about unsolicited goods and the law of contract?

Send it back, they've asked, they know you have it and you might want to buy from them in future. "

Good advice

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By *wales123Man
over a year ago

Cardiff

No right to keep the item. Holding onto it when they have asked for it back constitutes theft. Be safe send it back but make sure they pay for the return.

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By *ophieslutTV/TS
over a year ago

Central

I'd contact them and advise of the timing that's convenient for me, for the item to be collected, such as over the next couple of weeks. You will discharge your duty of being reasonable in your efforts to return it, without it placing extreme burden on you.

Tough, if they will not collect it, before 7am when you leave for work, or after 9.45pm, when you are home etc. Or on a Sunday, at 2.30pm to 3pm.

If they'd not collect it in my convenient times. I'd notify of storage charges.

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By (user no longer on site)
over a year ago

"Afternoon,

I have a question for you fabbers.

I have received a package I didn't order. The fault is from a very well known retailer.

They have contacted me admitting their mistake and would like the package back.

Apart from morally I should give this back, however if I wanted to be cheeky and keep the package am I able to do.

I've read I am in my rights to keep it, just thought id ask the question.

If you want to keep you’ll have to pay for it

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By *iscean_dreamMan
over a year ago

Llanelli

You've already opened it and used it haven't you?

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By *ty31Man
over a year ago

NW London

It's theft. Same principle if bank accidently pays money into your account (I think)

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By *urvyBi-84Man
over a year ago

Lancs

"Afternoon,

I have a question for you fabbers.

I have received a package I didn't order. The fault is from a very well known retailer.

They have contacted me admitting their mistake and would like the package back.

Apart from morally I should give this back, however if I wanted to be cheeky and keep the package am I able to do.

I've read I am in my rights to keep it, just thought id ask the question.

They’ve contacted you and requested it be returned so you should return it. You know it was sent to you in error because they’ve told you, and therefore refusing to return it could leave you open to an allegation of theft.

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By (user no longer on site)
over a year ago

Are you trying to keep your neighbours new TV?

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By *tephTV67TV/TS
over a year ago

Cheshire

It appears it’s more to do with the courier than the retailer. Unless it’s your name & address on the parcel.

A mistake has been made and that’s how a small claims court would see it. Certain companies will accept the loss dependant on the value. But I’d advise giving it back at a time that’s convenient to yourself for a courier pick up.

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By *ammymacMan
over a year ago

darlington

It’s theft. The theft act includes receiving property by another’s mistake if you keep it,it’s theft.

The same as money wrongly sent to your bank account.

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By (user no longer on site)
over a year ago

It could be anyones you dont need someone judo chopping you for it back

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By (user no longer on site)
over a year ago

"No right to keep the item. Holding onto it when they have asked for it back constitutes theft. Be safe send it back but make sure they pay for the return. "

The very definition of theft is to keep something you have no intention of giving back to its rightful owner.

Therefor open to prosecution. Give it back.

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By (user no longer on site)
over a year ago

To be honest the only time I've heard of people being able to keep stuff is when two items have been delivered by mistake? Sometimes they're not bothered to come pick one up? Value dependant I suppose

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By (user no longer on site)
over a year ago

"You've already opened it and used it haven't you?

And is searching for a puncture repair kit to fix her er it

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By (user no longer on site)
over a year ago

I had an item sent to me…. From a well known site linked to this one… I didn’t order it but it had my name on it.

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By *naswingdressWoman
over a year ago

Manchester (she/her)

"It’s theft. The theft act includes receiving property by another’s mistake if you keep it,it’s theft.

The same as money wrongly sent to your bank account. "

Also my understanding

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By (user no longer on site)
over a year ago

"It's theft. Same principle if bank accidently pays money into your account (I think)"

It's not theft because theft is illegal this would come under common law.

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By (user no longer on site)
over a year ago

"Afternoon,

I have a question for you fabbers.

I have received a package I didn't order. The fault is from a very well known retailer.

They have contacted me admitting their mistake and would like the package back.

Apart from morally I should give this back, however if I wanted to be cheeky and keep the package am I able to do.

I've read I am in my rights to keep it, just thought id ask the question.

Depends if it's ticking or not!!!...could be nitroglycerin? Just give it a good shake

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By (user no longer on site)
over a year ago

I've just looked this up and you're actually not under any legal obligation to return it. The company can take you to small claims court though.

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By (user no longer on site)
over a year ago

Depends on your moral compass or how much of a decent human being you are ...... personally I'd give it back

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By (user no longer on site)
over a year ago

Personally, I would contact the company and let them know when and what time the package will be available for collection from you. If the courier is not there at the very minute you specify, don't answer the door. Don't pay out any of your money or waste any of your time for their error.

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By *ty31Man
over a year ago

NW London

"It's theft. Same principle if bank accidently pays money into your account (I think)

It's not theft because theft is illegal this would come under common law. "

Theft is the appropriation of good belonging to another with intent to permanently deprive, by not handing back the company's property would the op would be appropriating it indefinitely?

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By *nimaginativeUsernameMan
over a year ago

Rochester, Kent

I’d use the basic principle:

1. Q: Have you paid for it? A: No.

2. Well it’s not yours to keep.

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By (user no longer on site)
over a year ago

Technically you have all ready broken the law mail tampering

It’s illegal to open any mail or package that dose not have your name on it regardless if it’s your address or not

Comes with a fine and year in jail probably would be more looking at a fine and taged for the year

Would probably just send it back

As if you try and keep it and be a d bag they could be one back and alert the police to mail tampering

With them knowing you have the package going to be hard to prove you not all ready opened it

Do the smart thing send it back

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By *naswingdressWoman
over a year ago

Manchester (she/her)

"It's theft. Same principle if bank accidently pays money into your account (I think)

It's not theft because theft is illegal this would come under common law.

Theft is the appropriation of good belonging to another with intent to permanently deprive, by not handing back the company's property would the op would be appropriating it indefinitely?"

By saying he wants to keep it, I think that's "intention to permanently deprive"

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By (user no longer on site)
over a year ago

"Technically you have all ready broken the law mail tampering

It’s illegal to open any mail or package that dose not have your name on it regardless if it’s your address or not

Comes with a fine and year in jail probably would be more looking at a fine and taged for the year

Would probably just send it back

As if you try and keep it and be a d bag they could be one back and alert the police to mail tampering

With them knowing you have the package going to be hard to prove you not all ready opened it

Do the smart thing send it back

Actually no because the op has never said it didn't have his name or address on it. I'm assuming it must have had his name and address otherwise how would the company know who to contact.

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By *estSussexGuy76 OP Man
over a year ago

copthorne

Thank you, my gut was telling me to send it back. I was told that as it's their fault I had the right to keep it.

I'm a honest individual so I will be sending it back ??

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By *naswingdressWoman
over a year ago

Manchester (she/her)

"Thank you, my gut was telling me to send it back. I was told that as it's their fault I had the right to keep it.

I'm a honest individual so I will be sending it back ??"

Yeah it's my understanding that there's a provision in the Theft Act that deals with things given to you by mistake. I wouldn't chance it.

(I wouldn't pay for the return if it's their error, though. Nosiree)

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By (user no longer on site)
over a year ago

"Technically you have all ready broken the law mail tampering

It’s illegal to open any mail or package that dose not have your name on it regardless if it’s your address or not

Comes with a fine and year in jail probably would be more looking at a fine and taged for the year

Would probably just send it back

As if you try and keep it and be a d bag they could be one back and alert the police to mail tampering

With them knowing you have the package going to be hard to prove you not all ready opened it

Do the smart thing send it back

Actually no because the op has never said it didn't have his name or address on it. I'm assuming it must have had his name and address otherwise how would the company know who to contact. "

When a package is delivered they now take a pick off the door number that it was delivered to as proof off delivery

Could have took the pick

The right person contact the company to say they package wasn’t delivered

The company has asked the delivery company for proof off delivery noticed the wrong door number

And then check on files to see if house owners details are widely available on the market

Witch they will be as everyone gives away ever bit off data these days

And contacted from there

But op didn’t specifically say I was just helping out as in if it’s not his name do not open

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By (user no longer on site)
over a year ago

"It's theft. Same principle if bank accidently pays money into your account (I think)

It's not theft because theft is illegal this would come under common law.

Theft is the appropriation of good belonging to another with intent to permanently deprive, by not handing back the company's property would the op would be appropriating it indefinitely?

By saying he wants to keep it, I think that's "intention to permanently deprive""

Not according to Martin Lewis If a company has sent you something by mistake they can request the goods back but you have no legal obligation to return them, All the company can do is take you to small claims court if they choose.

Years ago my sister received a bouquet of flowers by courier.

It Was 4 days after her 21st birthday so had no reason so had no reason to believe they weren't for her. 4 days later someone from the florists turned up at her door demanding she pay. My sister said she had no idea they weren't for her and couldn't pay. The florist stood on the doorstep and find the police, when the police arrived (she had reported it as a street robbery) They told the woman it was not a criminal matter but a civil one, The woman shouted at my sister "see you in court" as the police escorted her off the premises but she never heard anything more.

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By *naswingdressWoman
over a year ago

Manchester (she/her)

"It's theft. Same principle if bank accidently pays money into your account (I think)

It's not theft because theft is illegal this would come under common law.

Theft is the appropriation of good belonging to another with intent to permanently deprive, by not handing back the company's property would the op would be appropriating it indefinitely?

By saying he wants to keep it, I think that's "intention to permanently deprive"

Years ago my sister received a bouquet of flowers by courier.

The florist example fails the "dishonest" hurdle to turn this into theft. Your sister was not acting dishonestly, she genuinely believed that it belonged to her.

As I say, I believe there's a provision which specifically covers appropriation of property in error. A quick search uncovers section 24A in the Theft Act referring to erroneous transfers of money, but that's the extent I'm willing to search for a pointless disagreement online

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By (user no longer on site)
over a year ago

If you trust the source that you are within your rights to keep it then you make that call all by yourself.

If it is addressed to another even if it is just the address that is incorrect then legally if you open it you are breaking the law.

If it is addressed to you personally then best to put a label on it and in either case return it without opening it.

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By (user no longer on site)
over a year ago

[Removed by poster at 18/05/22 16:37:50]

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By *wist my nipplesCouple
over a year ago

North East Scotland, mostly

May have been said already (apologies if I’ve missed it) but this could also be a very well known and highly-publicised scam. Probably not but do a bit of reading just to be sure - some involve data breaches and items being ordered on your card and collected by the scammer posing as a returns driver; the other is “brushing”, less harmful but irritating. Probs all ok but always better to know

Mr TMN

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By (user no longer on site)
over a year ago

"If you trust the source that you are within your rights to keep it then you make that call all by yourself.

If it is addressed to another even if it is just the address that is incorrect then legally if you open it you are breaking the law.

If it is addressed to you personally then best to put a label on it and in either case return it without opening it."

I think (from a quick look online) this is the difference? Unsolicited goods means the law is on your side? Delivered in error is a different kettle of fish? Its an interesting one though

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By (user no longer on site)
over a year ago

"If you trust the source that you are within your rights to keep it then you make that call all by yourself.

If it is addressed to another even if it is just the address that is incorrect then legally if you open it you are breaking the law.

If it is addressed to you personally then best to put a label on it and in either case return it without opening it.

I think (from a quick look online) this is the difference? Unsolicited goods means the law is on your side? Delivered in error is a different kettle of fish? Its an interesting one though "

Yes that's my understanding too.

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By *ad NannaWoman
over a year ago

East London

Send it back and charge a handling fee.

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By *lex46TV/TS
over a year ago

Near Wells

I had an item wrongly delivered last year. I contacted the company concerned, they said they arrange collection but they never did.

After 6 months I sold it on eBay, the retail value of the item was about £100 so I assumed it wasn't worth their bother collecting it

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