I have had a recent problem where my credit card had been compromised.
During a period before I noticed, there was a fraudulent purchase on
Ebay and I received a package from a supplier. I contacted the supplier
to inform them of the situation, because I had by this time got the transaction cancelled on my credit card and didn't want anyone to be out
of pocket.
I had an answer from the supplier who were going to look into the event,
but would require me to send the package back to them if they find they
had not been paid. I am quite willing to do this, but not at my expense.
Is there a legal obligation for me to spend money to return the item.
I have had a recent problem where my credit card had been compromised.
During a period before I noticed, there was a fraudulent purchase on
Ebay and I received a package from a supplier. I contacted the supplier
to inform them of the situation, because I had by this time got the transaction cancelled on my credit card and didn't want anyone to be out
of pocket.
I had an answer from the supplier who were going to look into the event,
but would require me to send the package back to them if they find they
had not been paid. I am quite willing to do this, but not at my expense.
Is there a legal obligation for me to spend money to return the item.
I have had a recent problem where my credit card had been compromised.
During a period before I noticed, there was a fraudulent purchase on Ebay
and I received a package from a supplier. I contacted the supplier to inform >them of the situation, because I had by this time got the transaction >cancelled on my credit card and didn't want anyone to be out of pocket.
I had an answer from the supplier who were going to look into the event, but >would require me to send the package back to them if they find they had not >been paid. I am quite willing to do this, but not at my expense.
Is there a legal obligation for me to spend money to return the item.
On Fri, 3 Nov 2023 15:23:15 -0000, "sid" <me@home.uk> wrote:
I have had a recent problem where my credit card had been compromised.
During a period before I noticed, there was a fraudulent purchase on Ebay
and I received a package from a supplier. I contacted the supplier to inform >> them of the situation, because I had by this time got the transaction
cancelled on my credit card and didn't want anyone to be out of pocket.
I had an answer from the supplier who were going to look into the event, but >> would require me to send the package back to them if they find they had not >> been paid. I am quite willing to do this, but not at my expense.
Is there a legal obligation for me to spend money to return the item.
No. But, as an involuntary bailee, you do have an obligation to take care of the itme and take reasonable steps to make the item available for return to them at their expense. Saying that you will post it back if they supply a prepaid label, or send you the cost of the postage, would be entirely reasonable.
To expand on that a bit, the item remains the property of the supplier if it has not been paid for, so it doesn't become yours even though you received
it without asking for it. So you aren't entitled to take any action which amounts to appropriation, you have to treat it as their property. But, equally, you are not under any obligation to incur any expense in returning it to them. So they have a choice: either they can arrange the return themselves (sending a courier to collect it or sending you a prepaid postage label would be the two most common methods), or they can abandon the goods into your possession, at which point they do become yours. Which they choose is likely to depend on the value of the goods and whether or not they can reasonably be returned into stock if they do get them back.
Mark
I have had a recent problem where my credit card had been compromised.
During a period before I noticed, there was a fraudulent purchase on
Ebay and I received a package from a supplier. I contacted the supplier
to inform them of the situation, because I had by this time got the transaction cancelled on my credit card and didn't want anyone to be out
of pocket.
I had an answer from the supplier who were going to look into the event,
but would require me to send the package back to them if they find they
had not been paid. I am quite willing to do this, but not at my expense.
Is there a legal obligation for me to spend money to return the item.
On Fri, 3 Nov 2023 15:23:15 -0000, "sid" <me@home.uk> wrote:
I have had a recent problem where my credit card had been compromised.
During a period before I noticed, there was a fraudulent purchase on Ebay
and I received a package from a supplier. I contacted the supplier to inform >> them of the situation, because I had by this time got the transaction
cancelled on my credit card and didn't want anyone to be out of pocket.
I had an answer from the supplier who were going to look into the event, but >> would require me to send the package back to them if they find they had not >> been paid. I am quite willing to do this, but not at my expense.
Is there a legal obligation for me to spend money to return the item.
No. But, as an involuntary bailee, you do have an obligation to take care of the itme and take reasonable steps to make the item available for return to them at their expense. Saying that you will post it back if they supply a prepaid label, or send you the cost of the postage, would be entirely reasonable.
To expand on that a bit, the item remains the property of the supplier if it has not been paid for, so it doesn't become yours even though you received
it without asking for it. So you aren't entitled to take any action which amounts to appropriation, you have to treat it as their property. But, equally, you are not under any obligation to incur any expense in returning it to them. So they have a choice: either they can arrange the return themselves (sending a courier to collect it or sending you a prepaid postage label would be the two most common methods), or they can abandon the goods into your possession, at which point they do become yours. Which they choose is likely to depend on the value of the goods and whether or not they can reasonably be returned into stock if they do get them back.
For completeness, I believe the above does not apply when you have >deliberately been sent unsolicited goods by a firm, who then expect payment or >return.
On Fri, 3 Nov 2023 15:23:15 -0000, "sid" <me@home.uk> wrote:
I have had a recent problem where my credit card had been compromised.
During a period before I noticed, there was a fraudulent purchase on Ebay
and I received a package from a supplier. I contacted the supplier to inform >> them of the situation, because I had by this time got the transaction
cancelled on my credit card and didn't want anyone to be out of pocket.
I had an answer from the supplier who were going to look into the event, but >> would require me to send the package back to them if they find they had not >> been paid. I am quite willing to do this, but not at my expense.
Is there a legal obligation for me to spend money to return the item.
No. But, as an involuntary bailee, you do have an obligation to take care of the itme and take reasonable steps to make the item available for return to them at their expense. Saying that you will post it back if they supply a prepaid label, or send you the cost of the postage, would be entirely reasonable.
To expand on that a bit, the item remains the property of the supplier if it has not been paid for, so it doesn't become yours even though you received
it without asking for it. So you aren't entitled to take any action which amounts to appropriation, you have to treat it as their property. But, equally, you are not under any obligation to incur any expense in returning it to them. So they have a choice: either they can arrange the return themselves (sending a courier to collect it or sending you a prepaid postage label would be the two most common methods), or they can abandon the goods into your possession, at which point they do become yours. Which they choose is likely to depend on the value of the goods and whether or not they can reasonably be returned into stock if they do get them back.
On 03/11/2023 20:48, Mark Goodge wrote:
To expand on that a bit, the item remains the property of the supplier if it >> has not been paid for, so it doesn't become yours even though you received >> it without asking for it. So you aren't entitled to take any action which
amounts to appropriation, you have to treat it as their property. But,
equally, you are not under any obligation to incur any expense in returning >> it to them. So they have a choice: either they can arrange the return
themselves (sending a courier to collect it or sending you a prepaid postage >> label would be the two most common methods), or they can abandon the goods >> into your possession, at which point they do become yours. Which they choose >> is likely to depend on the value of the goods and whether or not they can
reasonably be returned into stock if they do get them back.
Is there a time limit in which they are expected to arrange for it to be
sent back or collected?
On 03/11/2023 20:48, Mark Goodge wrote:
To expand on that a bit, the item remains the property of the supplier if it >> has not been paid for, so it doesn't become yours even though you received >> it without asking for it. So you aren't entitled to take any action which
amounts to appropriation, you have to treat it as their property. But,
equally, you are not under any obligation to incur any expense in returning >> it to them. So they have a choice: either they can arrange the return
themselves (sending a courier to collect it or sending you a prepaid postage >> label would be the two most common methods), or they can abandon the goods >> into your possession, at which point they do become yours. Which they choose >> is likely to depend on the value of the goods and whether or not they can
reasonably be returned into stock if they do get them back.
I agree with all that. It becomes more difficult when the supplier does
none of the above, and goes silent. At what point can the OP assume the
goods have abandoned into his possession?
On Sat, 4 Nov 2023 09:09:23 +0000, Jeff Layman <Jeff@invalid.invalid> wrote:
On 03/11/2023 20:48, Mark Goodge wrote:
To expand on that a bit, the item remains the property of the supplier if it
has not been paid for, so it doesn't become yours even though you received >>> it without asking for it. So you aren't entitled to take any action which >>> amounts to appropriation, you have to treat it as their property. But,
equally, you are not under any obligation to incur any expense in returning >>> it to them. So they have a choice: either they can arrange the return
themselves (sending a courier to collect it or sending you a prepaid postage
label would be the two most common methods), or they can abandon the goods >>> into your possession, at which point they do become yours. Which they choose
is likely to depend on the value of the goods and whether or not they can >>> reasonably be returned into stock if they do get them back.
Is there a time limit in which they are expected to arrange for it to be
sent back or collected?
No. The recipient is only obliged to make the goods available for collection for a reasonable time. There's no definition of "reasonable", it would be assessed according to the circumstances.
To give a couple of examples, if someone received an erroneous delivery of a crate of bricks onto their driveway (maybe intended for a similarly numbered house in a different street), which prevented them from getting their car onto it, then it would be entirely reasonable to expect the sender to remove them on the same or next working day, and failing that the recipient would
be entitled to take whatever steps were necessary to regain the use of his drive - including disposing of the bricks if it came to that. But, on the other hand, if someone was sent, say, an item of jewellery, then it would be perfectly reasonable for them to just put it in a cupboard for as long as it takes for the sender to decide what to do about. Eventually, of course, even that would become unreasonable, but that would be a matter of weeks rather than days.
It also depends on how the goods came to be in the recipient's possession.
If it was due to a clear error on the part of the sender or their agent (eg, a delivery company), then a shorter timescale would be appropriate. But if the sender or their agent is not at fault (as in the case dscribed by the OP), then it would be reasonable to give them a bit longer.
On 04/11/2023 11:36, Mark Goodge wrote:
It also depends on how the goods came to be in the recipient's possession. >> If it was due to a clear error on the part of the sender or their
agent (eg, a delivery company), then a shorter timescale would be
appropriate. But if the sender or their agent is not at fault (as in
the case dscribed by the OP), then it would be reasonable to give
them a bit longer.
A rather long time ago (1972) my parents moved into a flat. A week later
a new B&D hammer drill was left in a package outside their front door.
We had no forwarding address for the previous tenant, and no return
address for the supplier. At the time, I thought I'd read somewhere that
if goods weren't reclaimed in 3 months, they could be used as though
they belonged to whoever was at the flat where they were delivered. I
still have that drill!
On 04/11/2023 11:36, Mark Goodge wrote:
It also depends on how the goods came to be in the recipient's possession. >> If it was due to a clear error on the part of the sender or their agent (eg, >> a delivery company), then a shorter timescale would be appropriate. But if >> the sender or their agent is not at fault (as in the case dscribed by the
OP), then it would be reasonable to give them a bit longer.
A rather long time ago (1972) my parents moved into a flat. A week later
a new B&D hammer drill was left in a package outside their front door.
We had no forwarding address for the previous tenant, and no return
address for the supplier. At the time, I thought I'd read somewhere that
if goods weren't reclaimed in 3 months, they could be used as though
they belonged to whoever was at the flat where they were delivered. I
still have that drill!
On Sat, 4 Nov 2023 15:36:08 +0000, Jeff Layman <Jeff@invalid.invalid> wrote:
On 04/11/2023 11:36, Mark Goodge wrote:
It also depends on how the goods came to be in the recipient's possession. >>> If it was due to a clear error on the part of the sender or their agent (eg,
a delivery company), then a shorter timescale would be appropriate. But if >>> the sender or their agent is not at fault (as in the case dscribed by the >>> OP), then it would be reasonable to give them a bit longer.
A rather long time ago (1972) my parents moved into a flat. A week later
a new B&D hammer drill was left in a package outside their front door.
We had no forwarding address for the previous tenant, and no return
address for the supplier. At the time, I thought I'd read somewhere that
if goods weren't reclaimed in 3 months, they could be used as though
they belonged to whoever was at the flat where they were delivered. I
still have that drill!
I think three months is a typical rule of thumb for cases where you have no contact details, and reasonable attempts to ascertain them have been unsuccessful, and therefore you're not in a position to serve a collection notice on anyone and all you can do is wait and see if anyone contacts you.
But, as with anywhere that the law uses the word "reasonable", it can be different if the circumstances are different.
Mark
I have had a recent problem where my credit card had been compromised.
During a period before I noticed, there was a fraudulent purchase on
Ebay and I received a package from a supplier. I contacted the supplier
to inform them of the situation, because I had by this time got the transaction cancelled on my credit card and didn't want anyone to be out
of pocket.
I had an answer from the supplier who were going to look into the event,
but would require me to send the package back to them if they find they
had not been paid. I am quite willing to do this, but not at my expense.
Is there a legal obligation for me to spend money to return the item.
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