Unsolicited goods received

[Dahu371]

A company called our hotel, asked for the person in charge of the franking machine. That person wasn't in, but they then asked our 20yo receptionist a few details about said machine, and lo and behold a couple of days later a huge box of mailing labels and an ink cartridge arrive in the post.

The receptionist is adamant that at no point did she agree that an order was to be placed.

I have emailed the company a couple of times to say these goods are unwanted and should be removed but I have had no response (I have had a 'delivered' receipt back from the email).

Today the invoice arrives in the post demanding payment. I have a feeling the harassment is just beginning! I've googled this company and yes other people have had the same issues with them.

Just wondering if anyone has any advice on what to do now? Do I just sit back and let them threaten me? I don't want to waste time on these scumbags and I certainly have no intention of paying them anything or spending my money on sending the labels back. Without a purchase order number or other proof of an order there's nothing they can do, right?

Not sure if I should name them, but what the heck, it's Link Mailing Systems Ltd.

 

[pinkclouds]

If she's sure she didn't sign anything, then you're covered under the Unsolicited Goods and Services Act 1971.

I'm a *little* rusty but I *think* so long as you refuse acceptance, keep the stuff safe (and inform the company they have x days to collect them or they'll go in the bin - send them a letter to this effect) and keep a paper trail of all this then you should be fine.

Unsolicited goods are not acceptable and you cannot be bullied into paying for them.

 

[TotallySport]

Also when they get intouch, bill them for storage.

 

[obscure]

Contact them and tell them the goods were not ordered and they need to collect them within X days. When they try to argue ask for a PO number and just insist that nothing gets ordered without one. Tell them that without a signed PO proving the order they can either collect the goods (at their own expense) or take you to court. Without a signed contract they know they wont win.

 

[Dahu371]

If she's sure she didn't sign anything, then you're covered under the Unsolicited Goods and Services Act 1971.

We did sign for the delivery, but it was from DHL and obviously we didn't know what it was until we'd opened it.

I looked up the UGSA 1971. I found this:

Under the Unsolicited Goods and Services Act 1971, (as amended) it is an offence to demand payment for goods known to be unsolicited, in other words, they were sent to a person without any prior request made by them or on their behalf.

Someone who receives goods in these circumstances may retain them as an unconditional gift, and does not have to pay for or return any unwanted goods. Anyone who receives a demand for payment for unsolicited goods should report the matter to their local Trading Standards Department.

But I'm not clear on whether this applies to businesses as well as consumers?

 

[gordano]

Some good advice in this thread. If I was the recipient of unsolicited goods and an unlawful demand for payment was received I would relish setting my lawyers onto the company concerned.

 

[pinkclouds]

But I'm not clear on whether this applies to businesses as well as consumers?

My law degree is a trifle out of date and I'm not in practice. (I won't say how many years out of date for fear of disclosing my age! lol) But I believe the important thing is active refusal of the unsolicited goods. (Anyone care to correct me?) Yes, you could give rise to the impression of accepting a contract if you do nothing but not if you actually tell them to get stuffed. It's up to them to collect the refused goods and you can still bin them if they don't.

As for signing, I meant: signing a contract.

 

[webprojectuk]

Also when they get intouch, bill them for storage.

LOL... Love it! It's about time we stood up and got our own way...

 

[Dahu371]

They actually called me on Friday to say sorry! They said there had been a problem with their email server and they had only just received my communications and not had a chance to reply. And they would send someone round this afternoon to collect the items.

Bit disappointed in a way, I was kind of looking forward to a few good arguments.

 

[the king]

"Sorry"! Ha, wot a disappointment?


OK then, I'm up for an argument - although I must point out that there's a special offer on at the moment for contradiction
(oh, sorry no there's not - that was next week).

Anyway, this time it's plain for all to see - you definitely ordered:

• >1 argument

Please forward payment ASAP (none of your 30-day malarky)
and, you may get a multi-buy discount - although I never said that.