Would you keep items unintentionally posted to you?

[Brucelles]

I usually send things back, but recently I received a duplicate SD micro adapter (I ordered it from eBay, I can't be bothered to pay going rates for something so cheap) and received another a day later. Since the cost was €1 and the postage €1.45 I figured everyone would be better off if I just threw it in a drawer.

[Bugbait]

I voted for: Always contact the company, but only return it when they agree not to inconvenience you.

Happened with Scan a few months ago when they delivered someone else's order, the contents of which were of much higher value than what I ordered. They missed the same day collection (I was home anyway) so asked them to come several days later when it was convenient for my wife to be around.

[1nsan1ty]

If it's worth more than postage ie not just a cable, then I'll send it back, but usually I'd expect the seller to sort it as it's their mistake

[Digerati]

This is exactly the dilema I have at the moment.

About a month ago we received quite a large package from John Lewis which had been left with our neighbours. It wasn't addressed to me in name but it was my address (we've recently bought the house and it wasn't the name of the previous owner either, and she'd been there 15 years).

Didn't check the package at all, just noted down the order number and called JL. They apologised for the mix up and offered to pick it up in the week to which I said can't be done, my g/f & I both work in London which is a 60 minute round trip for us both... there is no chance of us being avaliable to answer the door. I mentioned that we are around at the weekend but they won't collect then.

Next they said we can drop it off but the closest store is quite out of our way and frankly I'm not spending my hard earned free time trying to clean up a mistake which someone else made, so that was also a no (I voted for option 2 on the poll).

So, we're not around in the week for them to collect it, they won't pick it up at a weekend and it's too much of an inconveniance for us to take it to them. We've not heard from them in over a fortnight and it is still sitting in a cupboard taking up space today, and last week I actually checked the contents... it's a coffee machine worth just shy of £1000.

The law states because it's not addressed to me in name it would be illegal for me to open it. So it's going to sit there, collecting dust, until someone collects it.

... or I sell it on ebay still packaged as 'Sturdy carboard box' for a monkey.

[Saracen]

This is exactly the dilema I have at the moment.

......

... or I sell it on ebay still packaged as 'Sturdy carboard box' for a monkey.

Were this me, I can tell you what I'd do.

First, try JL again, and ask them what they want you to do with their property. And put a time limit on it. If they collect, in a way convenient to you, fine. If they tell you to forget it, get it in writing, at least, by email.

If you get nowhere, write to their customer relations people at head office, and explain that you don't want to be hassled over this, so either they collect in a convenient way (it being their mistake, not yours) or you'll dispose of the goods. Again, specify a time limit.

If you still get no joy, take the box the your local police station, explain it was delivered in error and that JL seem unconcerned (produce copy of unanswered letter) and leave the good with them as, effectively, "lost". If the police won't take them, note the date, time and the name and number of the officer that declined to accept them.

If a suitable period goes past (3 months, IIRC) and the legit owner has not collected them, they will be returned to you, effectively free and clear. You then cannot be accused of theft, because that requires an element of dishonesty, and you sure can't be accused of that if, first, you notified JL of their mistake, not once but several times, and second, handed the goods (or tried to) to the police.

The worst that can happen is that JL collect. The best is you end up with a coffee maker, free and clear, you can use or sell, and your butt is covered. Either way, you've acted reasonably and honestly.

[Digerati]

Thanks for that, mate. Sound advice!

[Saracen]

Thanks for that, mate. Sound advice!

I expect a decent cup of coffee or two outta you if it works. I'll send you the email address for them.

[badass]

Were this me, I can tell you what I'd do.

First, try JL again, and ask them what they want you to do with their property. And put a time limit on it. If they collect, in a way convenient to you, fine. If they tell you to forget it, get it in writing, at least, by email.

If you get nowhere, write to their customer relations people at head office, and explain that you don't want to be hassled over this, so either they collect in a convenient way (it being their mistake, not yours) or you'll dispose of the goods. Again, specify a time limit.

If you still get no joy, take the box the your local police station, explain it was delivered in error and that JL seem unconcerned (produce copy of unanswered letter) and leave the good with them as, effectively, "lost". If the police won't take them, note the date, time and the name and number of the officer that declined to accept them.

If a suitable period goes past (3 months, IIRC) and the legit owner has not collected them, they will be returned to you, effectively free and clear. You then cannot be accused of theft, because that requires an element of dishonesty, and you sure can't be accused of that if, first, you notified JL of their mistake, not once but several times, and second, handed the goods (or tried to) to the police.

The worst that can happen is that JL collect. The best is you end up with a coffee maker, free and clear, you can use or sell, and your butt is covered. Either way, you've acted reasonably and honestly.

Personally, I wouldn't be quite that cautious. A a few genuine recorded attempts to contact them, with the full details of how they can pick the item up at a convenient time telling them that you'll only keep it for a couple of months and then dispose of it as you see fit.

E.g. Send their head office an email detailing that you are available all weekend every weekend and any other hours you are available. Instruct tehm to contact you in advance when they plan to pick it up. State that should the goods not be picked up within 2 months, you will dispose of it as you see fit.
After 2 weeks, send a letter to their head office, recorded delivery stating the same and pointing out that they have 6 weeks. Send similar letters every 2 weeks until you hit the 6 week mark. In the next letter state that it is the final warning and that unless they arrange to collect at a time convenient to you, the item will be disposed of.

Digerati:

In this case, you must be seen to be reasonable, as must they. If they keep insisting that they pick it up during the week, reply telling them why you cannot and confirm again what times you are available. IMHO it is unreasonable anyone to expect you to take time off work to correct their mistake.

If they just decide to remain silent, they effectively relinquish their rights to the item. If they argue about you inconceniencing yourself, I'd get some propoer legal advice before actually disposing of the item as you see fit.

Look up Estoppel by acquiescence in the following link for an overview of how it works http://en.wikipedia.org/wiki/Estoppel_in_English_law


Disclaimer:
I am not a lawyer and this is merely a suggestion of what I would do in this situation, not legal advice.

[EvanJackPenn]

If the item was, say, a graphics card I would be tempted to keep it and run it in Crossfire/SLI. Same with a HDD or SSD, I would have a use for it. But say I got two cases, what use would I have for that? I guess I could sell it on and recover some of my costs...