If you’ve used it pay the price you originally agreed.

If you’ve kept it unused in original packaging then tell them to come and get it.

Just feels like someone trying to get something for nothing by tying themselves in moral knots about nuances.

Now your at this stage then you need to tell them they have to collect it as you cancelled the order and have evidence that you did unless they can come to some sort of arrangement. Make sure you return it as it was delivered though don’t take the protective covering off and don’t use it.

Shouldn’t have accepted delivery in the first place course it would have been a lot easier.

Edit: Dyslexia fixed.

Now your at this stage then you need to them they have to collect it as you cancelled the order and have evidence that you did unless they can come to some sort of arrangement. Make sure you return it as it was delivered though don’t take the protective covering off and don’t use it.

Did I miss when this was defined as a sofa?!

I mentioned it somewhere earlier in the thread.

The sofa was unwrapped by the delivery driver the day it was delivered. Too late for it to be classed as unused.

Why didnt you refuse delivery?

hora – Member

Why didnt you refuse delivery?

I wasn’t home. My wife wasnt 100% sure we had been refunded it. The fact is we accepted the delivery.
Immediately after it was delivered my wife phoned me to say it had been delivered and I just thought ‘cool, free sofa. I’ll check to see if it was refunded’.

My wife wasnt 100% sure we had been refunded it.

Yeah we get that but she still could have refused it.

My wife wasnt 100% sure we had been refunded it.

Yeah we get that but she still could have refused it.

True.

So are you going to pay for the goods you accepted and used?

crankboy – Member

So are you going to pay for the goods you accepted and used?

Probably not. It depends on what the lady on the phone says tomorrow. If she gets all matter of fact about paying for it then i’ll say come and get it. Then buy another. From them.

Why not just do the right thing and pay for the sofa that you are enjoying the benefit of? Your last few posts suggest an intention from the outset to steal the sofa.

You’re not proving any point other than showing yourself up.

*Edit: I doubt very much the “unsolicited goods” ruse would stick. All that has to be proven is that you DID place an order and so solicit the goods and make payment for said goods, and that the extra item is as a result of a despatch error, not sending unsolicited. I know that if this happened at my work, I’d be gunning for you.

Why would they bother to collect it? You accepted delivery and have used it. It would be cheaper and easier for them to sue you and add the $80 fixed costs to their profit.

I’m definitely going for troll. Surely nobody can be proud of being such a **** – and also being wrong.

Does seem to have gone from;

“If I legally have to pay I’m going to”

to

“I’m not paying regardless”

I’m definitely going for troll. Surely nobody can be proud of being such a **** – and also being wrong.

10/10 though. I’m loving it so far. Totally amoral with wife and parents who are at least as bad. Only waiting to hear if he’s got kids now

Op is playing the long game.

You should break it and send it back under warranty. Ask for a refund due to not being fit for purpose!

Op is playing the chaize longue game.

You’ve got a sofa you wanted for a price you were happy to pay. So pay for it, enjoy it and sleep well, safe in the knowledge that you simply carried out a transaction whereby money is exchanged for goods. Which is basically how it works.

Op is playing the chaize longue game.

Sofa, that is the worse pun I have heard today. You didn’t even try to cushion the blow…

So is the link Mr C provided accurate? If it is why is the OP getting a hard time exactly, its them that have committed an offence (if the link is correct)

Either way hes clearly not a thief, but his morals are slightly dubious. That said, I’d be sorely tempted to take Jamie’s advice and haggle. Especially if its been reduced subsequently

Either way, if you can prove you cancelled the order you definitely don’t need to pay for it and keep it. You may well legally have to return it however.

The link is incorrect try googleing the act and looking at the current version. Also unless the delivery driver pushed the sofa into the house against his wife’s protests that she did not want it then it was hardly unsolicited. The op is getting a hard time as has been pointed out above his only argument to say he is not guilty of theft is to maintain he genuinely believes that right thinking people would see nothing wrong in keeping other peoples valuable property if you got your hands on it by mistake.

http://www.adviceguide.org.uk/england/consumer_e/consumer_common_problems_with_products_e/consumer_problems_with_delivery_e/consumer_unsolicited_goods_e/youve_received_goods_or_services_you_didnt_ask_for_distance_sales.htm

Basically, unsolicited means that you did not order the item. I ordered the item. They told me they were unable to deliver in time. I cancelled the order with them(have proof), they delivered it (unsolicited), Wife accepted the delivery. Kept it, slept on it once, bought scatter cushions for it. They want it back. Tell me I have to pay for it, no returns. Law says otherwise. Im a thief. Morally devoid. Haven’t slept well since.

This appears to be the point where your case falls down. That and:

Kept it, slept on it once

But you had the money and wanted the sofa, what’s the problem with paying now ?

Basically, unsolicited means that you did not order the item. I ordered the item. They told me they were unable to deliver in time. I cancelled the order with them(have proof), they delivered it (unsolicited)

The fact there is proof you ordered it and paid for it completely wipes out the “unsolicited” angle. All that has happened is that there has been a despatch error – and I am 100% confident this would stand up in court.

Hopefully this thread is found by the company in question so they have documented evidence of your deliberate attempt to deprive them of their property without paying for it.

wwaswas – Member

But you had the money and wanted the sofa, what’s the problem with paying now ?

I had pretty much come made my decision to pay for the sofa, but following my wife’s phone conversation with grotbags who told her that there was no chance or a return because its ‘out of its returns period’ I began to change my mind.

Also i’m worried that it will feel less comfy once I’ve paid for it.

Jizz on it. This is the only viable option I can see.

I expect it will also feel less comfy once they’ve taken you to court to get their money. Though I’m surprised it fits under your bridge anyway.

Also i’m worried that it will feel less comfy once I’ve paid for it.

Taking some kind of moral stand because you didn’t like the way the lady spoke to your wife is a stupid response. That is a purely subjective and hard to prove thing.

The bit that is easy to prove is that you ordered and paid for a sofa. You subsequently got a pre-despatch refund but a despatch error led to you still getting it. You are now deliberately attempting to deprive the company of their property without paying for it, known in common conversation as stealing it. Just do the right thing and pay for it.

*Edit – wondering how many “well known high street retailers” as described by the OP there could be that are relevant to this situation. I’d imagine it’s not many.

So basically what your saying now is, that because a member of staff, who in your wife’s opinion, was a bit obnoxious, you now have a green light to steal the sofa after all.

So far you’ve had to ask whether you’re a thief for stealing furniture, whether you can make some extra money out of them for storing the furniture you’ve stolen and somehow feel aggrieved and of the opinion you’re now owed something because you’ve found the staff a bit grumpy.

**** ’em… Nick it

Anyone that gets sanctimonious with you? Poke ’em in the eye with a shitty finger..
Everyone has a price at which their morals can be compromised.. Yours is £600

don’t feel bad about it, we all have a right to be proud

One unknown consequence is the fate of the staff member who is responsible for you getting £600 worth of stock for free. They make a mistake, you act like a **** and get a free sofa/bed and they have to get a new job. It does happen.

You have no contract with these people. You cancelled it and were refunded. Distance Selling Regs do not apply. There is no returns period. If they want to come and collect their property, they are more than welcome to do so at your convenience.

Personally, I would have phoned them immediately and paid up, as I actually wanted the goods. However, if a company got snotty with me because they had ballsed up and sent me an item I had cancelled, I would be highly tempted to make life inconvenient for them by only offering them the option of coming and getting it. I’d write to head office making this clear so that I have a paper trail of ‘doing the right thing’.

I suspect they do not want it back under any circumstances, hence the insistence that you are in some kind of contract with them and need to cough up the cash.

+1 to MartinHutch‘s view.

You have no contract with these people. You cancelled it and were refunded.

Correct. But what that overlooks is that a despatch error took place and the retailer’s property accidentally ended up in the OP’s possession, without any contract for transfer of ownership taking place. In other words, it is still the retailer’s property. By deliberately withholding something that belongs to the retailer, he is therefore stealing it.

By deliberately withholding something that belongs to the retailer, he is therefore stealing it.

Of course, which is why he should have the choice of either paying for it or returning it, rather than just one of those options. At the moment, although his posts suggest he would quite like to hang onto it gratis, he’s not quite crossed the line yet.