Stupid PC World, stupid Techguys, lucky me - Page 3

Davey_Pitch · 02-03-2009, 15:50

Quote:

Originally Posted by NokkonWud

It doesn't fall under any law I believe,

It does if my interpretation of the law is correct. MB received a refund for the netbook while they still had it, and when they sent him the netbook back, it could feasibly come under the Unsolicited Goods Act 1971. For the law to come into play, PC World would have to send MB the netbook with the intention of seeking payment for it and for him not to request the item. In that circumstance, Matt could claim ownership of the item as he didn't request it and it would be unlawful of PC World to demand payment for it.

However, as it would appear to be a genuine mistake, PC World could legally argue that they didn't intend to send it to him, so could claim it back or the money back. From a completely legal point of view, because MB knows the item has gotten to him in error, he should contact PC World and tell them to arrange for it to be picked up at their expense and at his convenience. That's legally though. I'm fairly sure I'd keep my gob shut and hope for the best.

Whether or not PC World will come calling for the netbook or the money back though is anyone's guess.

Matblack · 02-03-2009, 15:57

I'll email them If they want the netbook then they can have it, I'm more than happy to give it back

MB

phykell · 02-03-2009, 16:02

Quote:

Originally Posted by Matblack

I'll email them If they want the netbook then they can have it, I'm more than happy to give it back

MB

They're fond of "restocking fees" so tell them you'll charge an "unstocking fee"

Davey_Pitch · 02-03-2009, 16:05

Quote:

Originally Posted by Matblack

I'll email them If they want the netbook then they can have it, I'm more than happy to give it back

MB

Just make sure it's at their cost and at your convenience, they made the mistake after all so you do not legally have to put yourself out for them

NokkonWud · 02-03-2009, 16:09

Quote:

Originally Posted by Davey_Pitch

It does if my interpretation of the law is correct. MB received a refund for the netbook while they still had it, and when they sent him the netbook back, it could feasibly come under the Unsolicited Goods Act 1971. For the law to come into play, PC World would have to send MB the netbook with the intention of seeking payment for it and for him not to request the item. In that circumstance, Matt could claim ownership of the item as he didn't request it and it would be unlawful of PC World to demand payment for it.

What I was trying to say is that it doesn't fall under a definite, defining law. It could fall under a few, but in his situation he's free from blame and therefore not breaking one.

Personally I would wait it out and let them contact me, I believe there is a period of time where it's the companies prerogative to contact the customer, not the other way around, after that time has expired, it's finished.

Joe 90 · 02-03-2009, 16:20

damn i need some good luck like this. :/

ah well.

divine · 02-03-2009, 18:55

Pretty sure this doesn't fall under unsolicted goods act by virtue of the fact you were dealing with them at the time. A mistaken delivery / additional delivery etc. from a company who you have solicited something from, is not covered as unsolicited goods.

That act is purely to stop companies who send you crappy CD collections and stuff on purpose then demand you either pay for them or return them at your cost, an entirely different situation to this.

I'm pretty sure they have every right to claim one or the other back and I believe they may well have up to 1 year to do so. If they do not claim back within this time period, you can keep it. It may not be 1 year though, it could be 2 or 5. My memory is shocking for detail

NokkonWud · 02-03-2009, 18:59

I thought it was 6 months, but that's what I was getting at in my post.

divine · 02-03-2009, 19:02

I thought it was longer than that, because I remember being shocked at quite long it is they have to pop up and ask for it back.

Feek · 02-03-2009, 19:53

Quote:

Originally Posted by Matblack

I'll email them If they want the netbook then they can have it, I'm more than happy to give it back

MB

I wouldn't, it's an SEP.

02-03-2009, 15:57	#22
Matblack Baby Bore Join Date: Jun 2006 Location: Svalbard Posts: 9,770	I'll email them If they want the netbook then they can have it, I'm more than happy to give it back MB __________________ "we had roots that grew towards each other underground, and when all the pretty blossom had fallen from our branches we found that we were one tree and not two"

02-03-2009, 16:20	#26
Joe 90 Absinthe Join Date: Jan 2007 Location: Chester Posts: 2,345	damn i need some good luck like this. :/ ah well. __________________ 360 Blog \| Join GiffGaff \| Twitter

02-03-2009, 18:55	#27
divine Moonshine Join Date: Sep 2007 Location: Southampton Posts: 3,201	Pretty sure this doesn't fall under unsolicted goods act by virtue of the fact you were dealing with them at the time. A mistaken delivery / additional delivery etc. from a company who you have solicited something from, is not covered as unsolicited goods. That act is purely to stop companies who send you crappy CD collections and stuff on purpose then demand you either pay for them or return them at your cost, an entirely different situation to this. I'm pretty sure they have every right to claim one or the other back and I believe they may well have up to 1 year to do so. If they do not claim back within this time period, you can keep it. It may not be 1 year though, it could be 2 or 5. My memory is shocking for detail __________________

02-03-2009, 18:59	#28
NokkonWud BD Recruitment Officer Join Date: Jun 2007 Location: Smogville Posts: 3,880	I thought it was 6 months, but that's what I was getting at in my post. __________________

02-03-2009, 19:02	#29
divine Moonshine Join Date: Sep 2007 Location: Southampton Posts: 3,201	I thought it was longer than that, because I remember being shocked at quite long it is they have to pop up and ask for it back. __________________

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