munchingfoo wrote:Just to update. Since my first post I have actually received three items by post. The first had a freepost returns address, so no issues there, but the second and third ones require that I "request" freepost stickers. I'm very angry about this.
Does anyone know what the law about this is? Is it my responsibility to return these items even if I didn't order them? They say on the covering letters that if I do not pay them within 20 days they will add late fees and contact a debt agency. This whole thing just shouts scam at me, but the company seems to be legit...
If (a) these items are truly unsolicited (ie neither you nor someone acting or purporting to act as your agent have contracted with the supplier) and (b) you have no reasonable cause to believe that they were sent with a view to their being acquired for the purposes of a business and (c) you have neither agreed with the supplier to acquire nor agreed to return the items, then, by virtue of the "inertia selling" provisions of the Consumer Protection (Distance Selling) Regulations 2000 (S.I. 2000/2334), you may treat the items as if they were an unconditional gift to you (s.24(2) of the 2000 Regulations) and the supplier's rights of title to the items are deemed extinguished (s.24(3)).
If the above provisions apply, it is a criminal offence under s.24 for the supplier in the course of his business to demand payment for unsolicited items if the supplier does not hold a reasonable belief that a right to payment has accrued in respect of such supply. If found guilty, the maximum liability of the supplier per offence is £2500.
Furthermore, if the above provisions apply and the supplier (a) threatens to bring any legal proceedings against you, or (b) places or threatens to place your name on a list of defaulters or debtors or (c)invokes any other collection procedure or threatens to do so, then, if found guilty, he will be liable to pay a maximum fine of £5000 per offence.
I would suggest you report the matter to the local Trading Standards Department as soon as practicable in any event.
Hope this is of some assistance.