Is it theft if.....
 

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[Closed] Is it theft if.....

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...you order an item of furniture from a large nationwide furniture store, you drive 60 miles to pick up this piece of furniture, get it home and realize its the wrong thing (wrong size), they order you a new one and arrange for it to be delivered free of charge and say they will also pick up the wrong item at the same time, they then deliver the correct item but forget to pick up the 1st item?

How long before I either build (flat pack), or sell the 1st piece of furniture? Surely they will realize their mistake at some point? Is it illegal if I try and sell it? Maybe I should wait 6 months?


 
Posted : 29/08/2010 10:12 am
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clearly nothing is theft after 6 months........

did they forget to collect or did you [i]forget[/i] to give it to them?

personally I'd build it up, you can never have too many MDF bedside cabinets


 
Posted : 29/08/2010 10:18 am
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is it illegal if you try to sell it ?

No clearly you now own it outright as them forgetting to collect it means it is in no way shape or form theft on your part 🙄
There you go bloke on the internet said it was OK
Yes it is theft whether you are ok with this is up to you


 
Posted : 29/08/2010 10:24 am
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That you think there may be a moral dilemma should give you the answer.


 
Posted : 29/08/2010 10:54 am
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just keep hold of it for afew weeks something for nothing rarely happens so enjoy it 😆


 
Posted : 29/08/2010 10:58 am
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it's only theft it you feel guilty about it


 
Posted : 29/08/2010 11:00 am
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Couple of years ago, a friend ordered an MP3 player online. After waiting for a few days beyond the stated delivery date, she contacted the company, and was told the item had been delivered. She pointed out she'd not signed for it, and they agreed they had no proof of this (was in the 'contract' that the item would be by a recorded delivery service). They sent her another one, which turned up ok. Then a neighbour found the first one under the recycling bin, where it had been dumped by the delivery person.

What to do?

She gave the spare one to me. Yay! Theft? T'would seem so, yet there are also laws about dumping stuff on other people's property. A load of builders once stuck a great pile of roof tiles in our yard, without our permission. I'd told them not to, but they took the piss. So I shifted them all inside my house when they were off on a break. Police turned up, said that as the tiles had been dumped without permission, it was up to me to dispose of them as I saw fit, and that the builders had no legal claim to them. I sold them back to the local builders merchants where they came from! 😀

OP's case is a bit different, but you've told them to collect the item, and they've failed to do so. You can then legally charge them for storage, I suppose, as it's inconveniencing you. Their cock-up, your hassle.

I'm not a lawyer though. Just trying to offer a bit of alternative thought on the matter.


 
Posted : 29/08/2010 11:19 am
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if it's from Homebase, keep it. Bunch of chunts.


 
Posted : 29/08/2010 12:03 pm
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I once got sent a PSP from Woolworths when somebody hacked my credit card account. They obviously weren't very cleaver !
Anyway I phoned the credit card company about it and they weren't interested. Phoned Woolworths and they said they would arrange collection, a couple of weeks when past with nothing. Phoned them again but nobody was interested as they didn't seem to know what to do.

After about 9 months I sold it. I'm sure I checked up on the internet somewhere and it gave a timespan of 6 months. After this time you can claim the goods as your own.


 
Posted : 29/08/2010 12:09 pm
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How was it delivered? By the company's own vehicle / staff? Or by a courier co? If its the latter then the drivers doing deliveries rarely also do collections, a different vehicle would do the uplift. So they might not have forgotten to collect it, they might just have not collected it yet.


 
Posted : 29/08/2010 1:43 pm
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Theft legal definition:

Theft is when a person [b]dishonestly appropriates[/b] the property of another person with the [b]intention[/b] of [b]permanently[/b] depriving that person of that property.

It would be virtually impossible for the Police to prove you stole the items in this case and probably consider it a civil matter - dispute over ownership etc.


 
Posted : 29/08/2010 1:52 pm
 Drac
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I once got sent a PSP from Woolworths when somebody hacked my credit card account. They obviously weren't very cleaver !

Did they use the cleaver to do the hacking?


 
Posted : 29/08/2010 1:55 pm
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lol @ Drac - wish I had spotted my mistake earlier but I'm glad you made the most of it 🙂


 
Posted : 29/08/2010 2:26 pm
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My brother got a free bike when they delivered one that wasn't what they had asked for, then sent another one, never picked the first one up and finally the company went bust.


 
Posted : 29/08/2010 3:16 pm