Unsolicited Goods?

  aca 08:53 22 Dec 2008

Recently purchased from Ebay shop, a bass effects pedal. Had to resort to paypal resolution as no delivery or communication from seller. Obtained full refund.

Then received an email from the shop saying goods had been despatched. I emailed them to notify that this was a mistake.

However the bass pedal has now arrived (I now have 2 as I went elsewhere). I have notified the seller and requested collection.

I seem to recall from my O level Commerce (more than a few years ago) that there was a consumer act that specified that unsolicited goods become the property of the recipient if the seller does not collect after a specified period of time.

Would this apply in this case?


  smokingbeagle 10:05 22 Dec 2008

The goods are not unsolicited. The vendor has made an error about the state of the defunct transaction.
You are holding the goods in Bailment.
click here

  JanetO 10:52 22 Dec 2008

As far as I understand the position, you have to let the shop know in writing the goods are with you and they are free to collect them at your convenience. If the goods aren't collected by six months they become yours.

  spuds 11:12 22 Dec 2008

As previously pointed out, you are in theory holding the items in trust.Contact the seller, and see what they want to do. If you contact eBay/PayPal, they will tell you that the dispute as been settled, and want nothing more to do with it!.

Without going into lengthy details, I was involved in a similar eBay/PayPal incident. In the end I resorted to an act in law ('aplunder' I seem to think its called!) that is very seldom used nowadays.

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