How long can I keep an item sent to me in error.....?

JZD

Ok, in legal terms (in the UK) the position is this:

You have the right to retain one phone by virtue of the contract between you and the mobile phone company.
The contract does not entitle you to a second phone and it is only by virtue of the contractual relationship that you can keep anything.
Therefore you have no contractual right to retain the second phone.
In law, you are currently deemed to be a 'gratuitous bailee' of the second phone (that's a good phrase, isn't it?) and you are therefore obliged to return the phone to the bailor (the phone company) upon request.
Theoretically, you could bill them for storage of the phone, but that would ordinarily apply more to things like cars.
If you don;'t, the bailor has the right to bill you for the value of the goods, which would be the full market price which, for a new phone, would be fairly hefty.
If you didn't pay or return the phone, you could be taken to the
small claims court and sued for the balance.
That's the legal position - absent any finger-wagging.

EDIT: I'm sure you're happy with Cap'n Starkiller's answer, but unfortunately he's only half-right.
You see, in law, the second phone is not unsolicited goods. That deals with an entirely different situation.
You were not sent the phone on spec with a demand to pay.
It was a simple error by the dispatching company - same if you bought an ipod on-line from Argos and they sent you a washing machine by mistake - presumably under captain Starkiller's suggestion, you could keep that too?
You can't keep the second phone and not pay for it.
You can follow the Captain's suggestion if you like it better; unfortunately it's not going to be much good when the bill arrives and the claim form shortly afterwards.

The silent pen

No i am afraid that you can't keep it. Please return it to me ASAP

Kennybee

Having gone through this exact scenario with a Vax cleaner the answer is write to the company and tell them you have the phone and they have 28 days to collect if they dont then it becomes yours under the usolicited items sent law.This is what I did 4 months ago I now have two Vax cleaners

I think you can ask them to pick it up or send you the postage to mail it.

Robert J

If they send you an error you are allowed to keep it until they COME AND PICK IT UP THEMSELVES i got 2 plasma tvs and they never came to collect so i have a in bedroom 1 in living room

Ã˜Ð¼ÑÐ»

You say what phone, I got no phone

Silly World

They will be happy for you to keep it
They will invoice you again, and you will be required to pay for it, as "by accepting the phone", you accepted the phones cost also

bottomburps

Ask them to send you a prepaid special delivery envelope.
Or ask them to collect. Tell them that if they do not organise collection within X number of days then you will bill them for storage.
You should not have to pay a penny for their error.

They are well within their rights to bill you for the phone though.

Mr Tripod

Ask them to come and collect it, you shouldn't have to pay the postage for their mistake. Legally, it's not yours and you should have informed them when you recieved it in error. There is a time limit but it's a lot longer than 3 months.

costa

I suppose it depends on how honest you want to be - if you say that you only signed for one!

However, if they want it back then they need to arrange collection at your convenience. Don't forget that any costs that you incur are down to them so if you need to phone them thy should pay for the cal..

Mrs Robinson 2 B

send it back or play dumb and say you only recieved one!!

The Ghost

what proof have they got that you received two if you only signed for one? If you ask me they dont have a leg to stand on and are trying to scare you into sending the second one back. Sorry I carn't back this up with some legal mumbo jumbo.

Jason B

send it back, is it really worth the risk.

D L

why not just be honest ??

its things like this that puts all our bills up to compensate for all you people that wud keep the item

it isnt your

do the honest thing !!

Duke75

If you only signed for 1 then you only received 1 phone didn't you?

I think the time limit is about 3 or 6 months but can't remember which.

Driver T

Legally, it's not yours.
In this country you are under lawful obligation to notify the company a mistake has been made, or if they notify you confirm to them you have the goods, but you are not obliged to take any steps in returning it. If the company wants it, they have to come and get it.

useless

Be honest, and send it back.

The Patriot

Under UK law, it is yours.
It comes under unsolicited goods. You asked for one phone. They sent you two. That is an error they made, not one you did.

From the website below "Anyone who receives a demand for payment for unsolicited goods should report the matter to their local Trading Standards Department."

Also, from the Citizens advice website http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_goods_your_rights.htm#distance_selling You have the right "to keep or dispose of any goods you receive but have not ordered. If a seller demands payment for goods you haven't ordered, you don't have to pay for them or return them."

Report them and enjoy the phone!

heather p

A bit of a silly question and as you must now feel really guilty just send it back and that should be the end of the matter as you have obtained goods without paying and that's stealing . no points for me then

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