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unsolicited goods

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Feb 22, 2007
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#1
hi all,
some information required. does anybody know about unsolicited goods.
i bought a laptop from comet in august last year and after about 2 weeks one of the keys fell off the keyboard. i had a bit of trouble on the phone with acer (who i was supposed to deal with when something goes wrong) so i took it back to comet and demanded a replacement or a refund. they gave me a replacement.
about a month later acer sent me the original laptop. i of course accepted the gift and was a very happy chappie.
they phoned me about an hour ago asking for it back. i fobbed them off with an excuse for hanging up, but got a feeling they are going to ask again.
if anyone knows the law on this i would be grateful, or if you know a reference point i could look to. tried google but there is only general stuff out there.
.cheers all.steve.
 
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#3
thats what i told them!
told them brother sold me his phone and moved to brighton. cant see it being the end of it though.
 
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#4
hi again,
just had a call from comet, decided to lay my cards on the table and told them they couldnt have it back under the unsolicited goods & services act 1971 and she thought that wasnt very "honest". when i told her that it was legal, and that legal & honest were the same thing she told me that she had to put it with the legal dep't.
i dont know if i am right but, if acer sent me the goods then their claim would be against acer and not me! it would be up to acer to try and retrieve the goods back from me.
come on all you legally minded guys out there, get on this and let me know if i am right. i dont want to give it back and need some input to avoid this.
.steve.
 

Teeny

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#5
not quite sure to wot it is your saying their asking back. you said comet gave u a replacement so wot are acer asking u for?
 

Teeny

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#6
opss sorry just re read it...lol

if they ring back, tell them after having the call from acer earlier, your wife has just been and sent the original back to acer second class postage......errr and if they ask,...no mate, didn't get receipt for the postage, just put it in bubble wrap and a box sent it 2nd class
 
Last edited:

mark95

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#7
what i would do is change phone numbers and when you get a letter form the "legal department" send it back return to sender stating that person no longer lives there and thats that if they cant find you they cant get there laptop back
 

little_pob

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#8
According to the peeps on money saving expert unsolicited goods and duplicate orders are different things.

As your purchase was with Comet, your contract of sale is with Comet (I hate the way some shops try to make the customer deal with the manufacturer when something is wrong with an item).

- If Acer have sent you the repaired laptop to you then I would say that it comes under unsolicited goods.

- If Comet returned it to you then it is (almost) definitely not covered by the Unsolicited Goods Act. However, all you are obliged to do is make the laptop available for collection at your convenience and at Comet's expense.

Your best bet is to get the opinion of an expert tho'. Contact your local trading standards for your true legal standing.
 

shooiethemug

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#9
The legal answer would be that the unsolicited goods act could be on Acers side as they could argue that they believed you required them to send you the goods. They were probably unaware that Comet had already replaced the item.
They would have to take you to court to find out though!

It's up to you. Do you want to keep the laptop and face possible court action or do you want to tell Acer that they can collect or arrange collection of the laptop at their expense. If you do this and they do not collect or make the necessary arrangements within 6 months the goods are yours.....legally!
 
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#10
acer sent it to me without any prompting.
i returned the laptop to comet so they sent it to acer who sent it to me when it was repaired.
i didnt ask for it so i put that down to unsolicited goods.
i will phone somebody in the morning and ask them 4 advice and let you know.
 

P4TCA

'Stupid Scottish White Guy'
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#11
The longer you drag it out for the more chance you have of keeping it, but is it worth the hassle? You would probably feel much much better if you gave them it back.:nopity:
 
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#12
yeah your probably right P4TCA i should prob give it back and have a clear concience.....NOT!!!
the reason i took it back to comet was i tried to deal with acer originally but had a load of hassle from them. at one point the d*@kh*@d on the other end even laughed at me. i wonder if the pr$ck is laughing now.
i am happy with the laptop and the advice i have seen on the web is, they have sent it out to me without any encouragement from me. that is deemed as "unsolicited goods" and comes under the "unsolicited goods and services act 1971" and they should not ask for payment nor return.
 

Trancemaster

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#13
I agree mate. If you returned the laptop to Comet and they replaced it there and then, it is their mistake in not telling Acer that they had done so when they returned it for repair. The onus of responsibility in this case should lie with Comet, not you.
 

Mick

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#14
i know what hard times you can have with these people

if they had given me 2 laptops i dunno if i would want to give it back either.

comon most people come on this site because they have that little dark side lmao and they are a huge company with plenty of cash im sure one laptop is not going to brake the bank.

keep us posted like to hear the outcome
 
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#15
hi again, just thought i'd update everyone its been 4 weeks now and ive heard nothing from them and hopefully wont.
i expected them to get back to me by now either by phone or letter, but nada!
perhaps they have heeded the warning that they are not allowed to ask for the return of goods or payment.
so if this happens to any of you, you will know to tell them that you are not returning the goods.
.steve.
ps, did think of asking if the warranty was still valid, but that might be going a bit too far!
 
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#16
Lol!!!!

ps, did think of asking if the warranty was still valid, but that might be going a bit too far!

Yes i agree they can't do much tell them this person don't live here. You have wrong phone number etc they will FOOK off. Oh what spec is lappy???
 
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#17
not a very expensive one but decent spec.
acer aspire 3613wlmi
celeron 370 1.5ghz
15.4 screen
80gb hd
dvd writer
wifi
512mb ddr
so not a bad one, sod em their not gettin it back!
 

ellie1998

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#18
acer sent it to me without any prompting.
i returned the laptop to comet so they sent it to acer who sent it to me when it was repaired.
i didnt ask for it so i put that down to unsolicited goods.
i will phone somebody in the morning and ask them 4 advice and let you know.
If you didn't ask for it then you didn't want it so why not just give it back ?

Did you give them the statutory notice period to collect it ?

I can't believe what i'm reading they treat you fair and your trying to tuck them up, so next time something goes wrong then the person will have to wait as comet won't replace until Acer have looked and returned it to them.

I now understand why some companies are funny with returns, I thought it was because they are :SSEXY: but obviously they have been stung by someone like you.
 
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#19
dont be stupid ellie if you had read all of the previous posts you would know that when i tried to get it repaired they were very high handed and even laughed at me!
as for the statutory peiod there isnt one it was done away with in 2001 to stop unscrupulous traders from sending out goods and then demanding payment.
i am well within my rights to keep the laptop and will do so.
sounds like you are a bit jealous and i wonder how many on the site would return it?
lets hear from a few and see what percentage would return or keep. knowing you were within your rights to do so.
 

ellie1998

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#20
don't call me stupid. I had the manners to be polite so should you.

http://www.digitalworldz.co.uk/forums/rules.php
rule 9
Any member found making racist/religious and/or defamatory comments, inciting anger amongst members; thereby causing distress to them, or their families, WILL be banned.This includes shouting down members in the shoutbox
I was in this position over a 42" plasma TV the year before last, currys were supposed to deliver a tv and they didn't so i got my money back, the next day the delivery man tried to deliver and i refused it.

If a company had sent it that I had no prior contract with then yes I would have kept it but the prior contract should negate the unsolicited goods that your trying to claim it to be. The law was to stop as you say yourself
stop unscrupulous traders from sending out goods and then demanding payment.
This is not what you have stated has happened
they phoned me about an hour ago asking for it back. i fobbed them off with an excuse for hanging up, but got a feeling they are going to ask again.
If you called them stupid like you have me then I am not surprised that you were ridiculed on the phone, it is only forum rules stopping me from doing the same thing.