I ordered a plasma television online.
The television was delivered on the 30/05/07
A few days after a second television was delivered!! The first was signed for by my girlfriend the second was signed for by myself. I was the name on the order.
Needles to say i was over the moon, I held on to the two TV's untill one week ago (some 6 months after origionally delivered) where i sold it to one of my work friends, thinking that the matter was well and truley forgotton about.
All was good untill today when the company phoned to say that they had delivered two by mistake and wanted to know where the other one was?
My question is where do i stand legally?
Can the company chase something that happened so long ago?
If so and i manage to get the Tv back, can i charge them a rediculous storage fee, to hopefully deter them from pursuing me further?
Or should i just deny all knowledge?
Legal advice, on where i stand would be vastly appreciated.
Thanks in advance.
2007-11-08 06:41:28 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes, they can and you will be prosecuted. You have known about this for some time and have had the opportunity of doing something about it but, basically you are dishonest and not trustworthy. I hope they throw the book at you.
2007-11-08 06:53:20 · answer #1 · answered by Helen S 7 · 3⤊ 0⤋
Yes they can chase it - the Staute of Limitations is 3 years in such a case.
Where you stand legally is that you stole their television. They can report it stolen to the police and ask to have you prosecuted for theft, AND they can sue you civilly for the value of it.
If you get it back, no, you can't charge them a storage fee because you never asked them for one ahead of time. When you got it you could have called them and said "Come get your TV - if it's not gone in a week I'm going to start charging a storage fee", but you can't tack one on retroactively.
Denying knowledge of it would be a BAD idea. They have yours and your girlfriends signatures, remember? (Plus the testimony, if it comes to trial, of the delivery guys)
If someone sends you something by mistake they have created what's called an "involuntary bailment". That gives you an obligation to take only "reasonable care" of the item, and places you under no obligation to send it back. If you use it or sell it, however, that's "illegal conversion", which is a type of theft and carries the same penalties.
Richard
2007-11-08 06:54:09 · answer #2 · answered by rickinnocal 7 · 5⤊ 0⤋
You could use, unsolicited goods as you only ordered one TV, but they will come after you and could black list you. I don't think storage fee idea would work. Your only option would be to try and do a deal with them pointing out that the TV is over 6 months old. Really you should have contacted them in the first place and advised them of their error.
2007-11-08 08:37:04 · answer #3 · answered by flint 7 · 0⤊ 0⤋
You have no case.
They have proof that 2 sets were delivered, and signed for. It was your responsibility to inform them of the error. You did not. Hence you can not claim a storage fee. (If you had sent them notice of the error, and they hadnt picked up the set in a reasonable period of time, then you would have a case).
In this case, any court will find that the company made a simple error, and discovered it within a reasonable period of time.
You will have pay forthe second set, since it is now been used.
2007-11-08 06:51:34 · answer #4 · answered by patrick 6 · 5⤊ 0⤋
legally you have no right to the tv and also because you have no aggreement to charge them a storage fee for the tv ou cannot invoce them for it in retrospect of any agreement (unless they turn around and say ok we will pay it but it will be up to them to do that) however................. what you could do and this would be illegal is say you have no idea who signed for the other one to your knowledge noone else lives or resides at that address other than you send them a copy of your passport for proof of signiture they will (most times) check the signitures on the documents against the copy of your passport see that you signed for one but not the other and then normally will just claim for under there insurance as would cost them more to persue the matter
2007-11-08 07:10:34 · answer #5 · answered by Anonymous · 1⤊ 0⤋
You knew you had ordered only one TV, you did not report the fact that they had delivered 2 TVs. Whatever their mistake you were in possession of something that is not yours.
If you'd bought the TV in the pub from a man who knew a man you'd be guilty of receiving stolens good. Fortunately for you this doesn't apply this time, however, selling something that is not yours is a criminal act.
2007-11-08 06:48:15 · answer #6 · answered by Luke Warnes 4 · 2⤊ 0⤋
Okay, definition of theft is to dishonestly appropriate property, belonging to another with the intention to deprive the other of it.
You only paid for one set, you made no effort to return it and clearly state you knew it was wrong. In theory yes, you could get done here!
As far as charging them a fee, unlikely as again, you did not contact them.
Might be worth visiting a solicitor.
Good luck and have you any more, I will give you cash!
2007-11-08 06:47:10 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Looks like you will be paying for 2 telly's. You clearly did not have title to the one you sold on, you failed to act in good faith and signed for another TV even though you knew yours had arrived. They have both signatures as written evidence. You acted fraudulently so be prepared for the sh"t to hit the fan.
2007-11-08 06:55:04 · answer #8 · answered by Anonymous · 1⤊ 0⤋
I agree with the earlier answer and deny any knowledge of the one your girlfriend signed for and hope you get away with it good luck
2007-11-08 10:55:31 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Unfortunately you have signed for both so you will either have to pay or get the other one back, sorry you have no rights over this one
2007-11-08 06:44:58 · answer #10 · answered by bud 6 · 1⤊ 0⤋