Good Fortune!

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Cubist

Still wavin'
Location
Ovver 'thill
You done the decent thing there - now just leave it boxed up and sit tight for 6 months. If they take it back fine - if they dont its yours.
Simples.

He's done nothing of the sort
he's committed theft.

Sections 1-7 of teh theft act:
Where a person (Misura)
Dishonestly (dishonesty is defined as what any reasonable person deems to be dishonest)
Appropriates (arranges for it to be delivered)
Property (the bike)
Belonging to another (it isn't his, he knows it isn't)
with the intention of permanently depriving the other of it. (he hopes that they don't realise their mistake and will not ask for it so he can keep it)

The offence is made out Misura. Ring the supplier at the next opportunity and tell them.

I hate thieves. I'm willing to forgive or at least mitigate people who steal for reasons of want (skint and hungry ) but not greed. Your attitude stinks.

So does yours Apollo.

No excuses.
 

Fiona N

Veteran
I'm astonished - someone posts on here that's he's fraudulently obtianed a bike and seems to want to be congratulated on his cleverness at someone else's expense :wacko:

Next thing we know all those folk running credit card scams and whatnot will be wanting a pat on the back for parting you from your money on the basis that you were too naive/honest/in a hurry to notice the scammer :angry:
 

ACS

Legendary Member
You done the decent thing there - now just leave it boxed up and sit tight for 6 months. If they take it back fine - if they dont its yours.
Simples.

Sorry I have to disagree. This is bad advice. Taking possession of anything, knowing you have no legal claim or right, with the intention of maintaining control, ownership and possession of the goods sits firmly within the realms of the Sect 1 Theft Act 1968.

Ownership by default as described in the rules surrounding receiving unsolicited goods has no effect in this case due to the misrepresentation by the OP

The company has been mislead into believing that the OP has the right to legal possession so they will not request the return of the goods unless they are informed of the situation.

Do the right thing.............
 

ACS

Legendary Member
Send it to me free of charge and all your troubles will have gone away ;)

Handling..................:eek:

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doog

....
You will be cursing that "Good fortune" when you get the 5am knock .

Not knowing when the knock will happen will also ensure you have some pretty sleepless nights until that bike is returned to the owner (multi million pound company or not)
 
Yeah it's theft at the point he realised it wasn't his, yet requested it to be delivered to him anyway for fifteen quid. Guilty.

Since that point you've done something more that would be mitigation against arresting and charging you should the company make any official complaint (though they likely wouldn't bother if they got the bike back, as it was their mistake that allowed it).

That said, you've done what you've done, you're now feeling guilty and seem to be prepared to fix your mistake. Here's what I'd suggest:

You need to contact the Specialized Store - I'd suggest by email so that you have a record of it, explain what happened. Also explain you've contacted the LBS - though don't mention the conversation with them - and ask them to contact you to sort it out. Don't suggest anything, leave that to them - it was their mistake.

If they don't bother contacting you, then you are up a bike and have a weak defence to theft (although I stress again, you WERE guilty when you paid the fifteen pound to have it delivered). Use it, but be aware that at any point later down the line if they realise their mistake and want it back, it's legally theirs.

Look at it from the morale point other people have - there might be someone else somewhere that's paid for a bike, and is currently arguing with Specialised about whether or not it was delivered. Do the right thing for them and contact the supplier.
 
By the way, mitigation doesn't mean you've done something right, it's means you are guilty, but take pity on me because...
 
Why did you post this on a public forum??

A) To gloat you got a 'free' bike

B) To try and solicit an offer for said bike

C) Because you felt guilty and was hoping to be told keep it, their fault

D) You are a spammer


Whichever option, you are a plonker and need to send the bike back with a grovelling apology.
 

2PedalsTez

Über Member
Yes it is a multi-million pound company. BUT I am sure it still audits its stock throughout its distribution centres and someone will be accountable for stock loss etc.
Speaking from experience, the "it's a big company, so one loss won't matter" thought doesn't sit well with me when someone *could* lose a job over it.
Do the right thing sooner rather than later and hope they are grateful for your honesty!
 

Cubist

Still wavin'
Location
Ovver 'thill
Bullshit.

He states quite clearly he took option C

He rang the store, paid for the delivery charge over the phone thereby dishonestly purporting to have had a legal right to the bike.

It wasn't "their mistake" it was a dishonest course of conduct leading to his obtaining a bike that was not his.

How can anyone possibly mitigate this? He was greedy, dishonest, and has now had a pang of conscience. I am really, really surprised at your suggestion Coppercyclist that he should leave it to the store to make contact and put the situation right.

He has committed theft at the point he took delivery. He's got his knickers in a twist now, but he is secretly hoping a significant percentage of us will tell him it's Ok and that we forgive him if he gets to keep the bike!

Not me, sorry.

Misura, ring the Specialized store tomorrow and arrange to get the boxed bike back to them. I would suggest this should be at your expense.If you're lucky they won't report you. If they pay for the postage, then go and give the fifteen quid you save to charity.
 
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