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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi there, I received a large number of postal stamps from

Resolved Question:

Hi there, I received a large number of postal stamps from Royal Mail to my name and address with an invoice marked PAID, but I did not order them.

3 weeks later they write to me saying that they sent them to the wrong person and please can I return them in their provided postage paid envelope. The letter was rude and stated that my account was in debit and I had to return the stamps or pay the balance on my account. Am I legally allowed to keep the stamps? Ethically I know it is not right and I woudn't consider keeping all of them but I found their tone so rude in the letter I really do feel I should be allowed to keep some of them back. Your advice would be appreciated.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Why do you feel you such keep some of them - because of the tone of the letter?

Customer:

Hi Alex,

Customer:

They arrived to me with my name and address on and the invoice stated as "PAID". I did not order them. I waited for 20 days and still had not heard anything from the company. I then get a rude letter stating that they sent them out by mistake. I really do feel they should have been more apologetic and perhaps have offered a goodwill gesture of, say, £20 worth of stamps at this point. The letter makes me feel very much as though I am to blame- had it been me in the wrong (and down a large quantity of stock) I certainly would have been writing a very nice letter to the customer. What is the legal standing please.

Alex Watts :

Its bad news I am afraid.

Alex Watts :

By law they do not belong to you, they belong to another

Alex Watts :

Therefore if you keep them it would be illegal

Alex Watts :

You could be sued by Royal Mail and potentially contacted by the Police

Alex Watts :

I agree the way Royal Mail have behaved is unacceptable.

Alex Watts :

But this is not enough for you to keep the stamps

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Ok, please could you briefly explain how these aren't "unsolicited goods"?

Alex Watts :

Because they were clearly sent by mistake

Alex Watts :

This was an error by Royal Mail

Alex Watts :

They should bear any cost of return, but you still can't keep them sadly

Customer:

OK thanks for your help Alex.

Alex Watts :

All the best

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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