FAO legal eagles re deliveries

  zzzgordon 19:07 07 Apr 2004

Where do i stand on this ?

I ordered at weekend at piece of kit for my pc - say a dvd writer and also 25 dvd's to burn. total cost £90.

company (dabs) have today, delivered two dvd writers and no dvd's to my neighbor. delivery was due on thursday when i was off but it came a day early.

i've checked my account and order on line and it's only one I've ordered and seem to be getting charged for.

still awaiting for my credit card to be charged.

what happens to the extra piece of kit - do i send it back ? will they spot the error ? or have i won a prize ?

has this happened to anyone before ?

  Djohn 19:13 07 Apr 2004

I think you know the answer! What would you have done if all you had received was 2 blank CD disk?

  Forum Editor 19:18 07 Apr 2004

You will probably have paid for one drive, and you can't legally keep the other one - the company's made a mistake, and they may well spot it and ask for their property. If you are charged for two drives you'll presumably inform Dabs of the error anyway.

It may well be tempting to keep the drive and say nothing, but it would be dishonest to do so wouldn't it? I suggest that you contact Dabs and tell them what's happened - whether you do so or not is a matter for you and your conscience. Don't be tempted to think that this drive can be classed as 'unsolicited goods' because it doesn't fall into that category - it's a delivery error.

  Pamy 19:21 07 Apr 2004

I would have sleeples nights if I did not tell them what had happened.


There is a huge legal area devoted to this subject, its called "Unjust Enrichment" - the clue is in the first word............

Also, Section 30(2) of The Sale of Goods Act states that "Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest or he may reject the whole"

S.30(3) then states that if the buyer accepts the excess goods he must pay for them at the contract rate!

Thinking about it this could serve another very useful purpose....

Many online retailers are known for their lack of response to emails, even when goods have a problem.

Some even go so far as to remove telephone access so customers cannot phone up with their problems (as with the present company). I would send an email to them - only brief, stating that they have sent too many drives and apparently not charged you for them and see how long it takes for them to get back to you. Whatever they suggest, it would be a useful indication of how long it takes them to read emails - I cant seem them ignoring it for too ling can you?

"ling" - what are they doing now? Fishing? Should read "Long" - sorry!

  GANDALF <|:-)> 19:59 07 Apr 2004

It is strange that if the tables were reversed (customer short packaged...like a CPU for instance) there would be some on this forum that would be crying, 'Court!', 'I'll take my business elsewhere', 'retailers are the Devil and all his Imps', 'string the retailer up for thwe crows', 'disgusting way to treat us poor customers'....etc., ad nauseum. The cynical side of my nature is only re-inforced by the fact that there is even a debate about what to do.

'Unjust'....how does this apply to an ERROR in delivery and picking? If it does I will remain fixed in my belief that solicitors are crooks and deserve transporting to the Colonies.


  josie mayhem 22:20 07 Apr 2004

They catch up in the end?

Item not delivered by delivery date, so after 3 weeks of waiting and still they couldn't say when delivery would happen, I cancelled with a moan, and expressing disgust.

3 weeks later it turned up, I signed for it not realizing has I was expecting something else!

When I realized that I had made a mistake in excepting it, I had a change of heart and decided to keep it. And waited for the invoice to be sent. It wasn't, so I thought well, so I thought I wait and see what happened.

Months later I recieved a phone call, from one of there ladies, ranting away at me, my name would be black listed if I didn't pay up and It would cost me more money dealing with debt collecters or court fee's to retrieve said money ect, ect!!!

I was on the phone for over half an hour, trying to sort it out, because by god could that women rant, it took 15 minutes to get a word in edge ways, to explaine that I was more than willling to pay, but it would have beeen helpfull if they has actualy sent me a bill, that enabled me to pay!

Off she went again, before I finaly got to tell her that they could send the bill to me and I would pay by return post, or if I could pay by card that very minute all with out taking me to court? In fact I insisted that I took the card option.

she was quite suprised when I informed her that she could have cut the phone call down by over 20 minutes and lowered her stress level, if only she had said that I hadn't paid the bill, and they would like there money, and that I felt quite offended by her aggressive manner of which there had been no need off and totaly unperfessional!


I would make sure that they cover the cost of returning it by post.

Oh, I did have the intention of paying all along, but decided that because they had mucked me about that I would wait as long as possiable, well up to 6 months and then I would have phoned and requested that I was billed, only a month away from that phone call!

  bfoc 23:19 07 Apr 2004

You cannot, morally or legally just keep the extra drive.

However you have not received what you ordered and are still 'short' by 25 DVD's, you will also have the inconvenience and possible cost (in time) of waiting in for another delivery/collection.

The advice to contact dabs by email is the one I would follow, with a subject line of incorrect order. I would also give Dabs a reasonable time (7 days) to arrange the collection of the incorrect item and the delivery of the correct ones.

If this does not happen I would make clear in another email that a prompt resolution (eg 5 further days) is essential and that any further delay will require suitable compensation for your costs in time and inconvenience.

If nothing is then sorted you would, IMHO, be entitled to write making clear that you intend to keep the extra item, as compensation, if nothing is resolved within 5 days.

I do not know the cost of the DVD writers, and the missing DVD's, but it can be the case that the cost of delivery/collection to a company means that sometimes it is as cheap to leave the customer with the item.

  simonp1 07:22 08 Apr 2004

Smiffy99 is totally right...send them an email..and do the right thing, besides why do you want 2 of them. Dont forget to ask for your CD's at the same time when they come to collect the DVD writer...well you what Dabs are like..

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