What would you do? - Tilted Forum Project Discussion Community

Xazy · 01-16-2007, 03:33 PM

Well there is a small story to begin with. I have a point credit card, and the company came out with an updated website. When it was just released I went in and wanted to use the site, I placed an order for 2 PSP games, and needless to say when I clicked to send the order in I got a message basically stating that the website was not 100% but click back and try again if it continues to give an error, call us. So I clicked back hit re-send and the order was placed. Right then and there I noticed that instead of 9,100 points being put on hold 18,200 was. So I called up right then and there they apologized, and said they would get the duplicate order removed. Needless to say in the next 8 weeks, I called around 8 times and was told different stories about the points and orders, and finally someone said they couldn’t remove the order, and that when I get the duplicate items, they would ship it back to them at their cost, and my points would be re-credited.

Needless to say that happened that way, and even then it was a hassle for them to give me my point back.

Now here is where the question comes in. They keep sending me more copies of the game. To date I have an extra 50 copies of the games (about 25 each game), that is after sending back the duplicate copies. Now I am ethically challenged. In a normal situation I would call, and mention it, but I never ordered it, and they have been a pain in the ass all along. At the same time legally from my understanding of the law, if I do not order it and they ship it, it is their problem. I am planning on confirming that tomorrow with the NY State Attorney General Office.

I can sell these games easy for $25 a pop if not more on e-bay, yet I am slightly torn. Not torn enough to lose sleep over it though. I have yet t do anything with the games since I was giving a drop of time to see if they would contact me on their own and catch the mistake, instead I just keep receiving more and more in the mail.

So what would you do if this happened to you?

Halx · 01-16-2007, 04:04 PM

Hahah.. its like hitting a vending machine 'cause it ate your quarter, and then it proceeds to unload its entire inventory on you.

I dont have any advice, I just wanted to make that analogy.

CSflim · 01-16-2007, 04:04 PM

It's like The Magic Porridge Pot of PSP games!

Keep the games for a while. If they don't get in contact with you about their mistake soon, I'd consider the games yours to sell.

The_Jazz · 01-16-2007, 04:26 PM

Quote:

Originally Posted by CSflim

It's like The Magic Porridge Pot of PSP games!

Keep the games for a while. If they don't get in contact with you about their mistake soon, I'd consider the games yours to sell.

I agree up to a point. Honestly, I think that you know that these aren't your games - otherwise you wouldn't be posting here. Given what a pain in the ass these guys have been, I completely understand why you feel justified in keeping them. However, I'll bet that the AG says that you did place an order with the company and that you need to be sure that you aren't going to be billed. I'd wait a few months to see what happens before setting up any sort of Ebay sale.

dc_dux · 01-16-2007, 04:42 PM

I would send them a certified letter (so you have a record) that you did not order these games and they should arrange for their return, at no expense to you, within 30 (60) days or you will exercise your consumer rights under NY law to keep the merchandise or dispose of it at your discretion.

Lasereth · 01-16-2007, 06:27 PM

Quote:

Originally Posted by dc_dux

I would send them a certified letter (so you have a record) that you did not order these games and they should arrange for their return, at no expense to you, within 30 (60) days or you will exercise your consumer rights under NY law to keep the merchandise or dispose of it at your discretion.

Roger that.

One time NewEgg.com sent me an extra 120 GB hard drive in the mail that came with another piece I ordered. It wasn't on the invoice and I certainly didn't order it, but I had did a shitload of business with them recently so I kept it, honestly figuring it was a compliment for the business. On retrospect it was probably a mistake. If it was...oh, 25 hard drives, I'd be sending in a letter though.

healer · 01-16-2007, 08:33 PM

I'd keep the games (that's if they never ask for them back) but I don't think I'd be able to sell them. There's something about selling something I got for free that just doesn't sit well with me. Instead, I'd give them away to friends and family - hell, keep 'em as xmas gifts.

Demeter · 01-17-2007, 08:28 AM

If you did not place an order or request for those games you are under no obligation to pay for them, nor are you obligated to send them back.

And sure enough, google finds the answer...

Tip # 10. If you ever get something that you didn't order (and it is not from your negative option or club plan) you can keep it without paying for it. According to the FTC, it's your legal right.

http://www.dmaconsumers.org/knowledgeyourpartner.html

MSD · 01-17-2007, 02:09 PM

Anything you can do within the law that makes you money at the expense of a credit card company is a good thing. Sell that shit on eBay and don't look back.

Sultana · 01-17-2007, 02:24 PM

I like the certified letter idea.

Although if they decided to give you grief over it, it doesn't sound like they are organized enough to A) Do it at all, and B) Refrain from giving you grief just because they don't have a legal leg to stand on.

pig · 01-17-2007, 02:43 PM

You don't have to sign for these deliveries, do you? Is there a clear documented fashion they could ever prove the extra games entered your possession? I'd read your contract of sale to make sure that there isn't some good faith type clause in there, but I'm not a lawyer so I'm not going to make it up. As you did conduct some business with them, directly associated with these same psp games, I don't know that its as clear cut as completely unsolicited products that are sent to you, and then you later receive bills.

I suppose if they had grounds to sue you, they could subpoena your bank statements and trace them to the ebay sales, but at least you've got some plausible deniability at this point. Perhaps partner up with someone, launder the sales through their ebay account, and cut them in for 10% for their trouble?

Xazy · 01-17-2007, 04:54 PM

It was all sent via reguler mail, so no I did not have to sign for anything.

Ourcrazymodern? · 01-18-2007, 08:59 PM

Quote:

Originally Posted by MrSelfDestruct

Anything you can do within the law that makes you money at the expense of a credit card company is a good thing. Sell that shit on eBay and don't look back.

it's twue, it's twue!

uh-oh.

Xazy · 01-19-2007, 12:47 PM

Attorney general said it is mine to use any way I want.

World's King · 01-19-2007, 01:19 PM

What games? I got a PSP for Christmas... I could always new games.

Xazy · 01-23-2007, 02:54 PM

It is daxter and persuit force.

raeanna74 · 01-23-2007, 06:54 PM

The certified letter sounds the best to me. At least that way you have all your bases covered. Otherwise, since you say you were told the games are yours and there is no papertrail linking them to you, I would personally keep them and give as gifts or sell. Finder's keepers, especially when it comes to credit card companies - they do it all the time

01-16-2007, 03:33 PM	#1 (permalink)
Xazy People in masks cannot be trusted Location: NYC	What would you do? Well there is a small story to begin with. I have a point credit card, and the company came out with an updated website. When it was just released I went in and wanted to use the site, I placed an order for 2 PSP games, and needless to say when I clicked to send the order in I got a message basically stating that the website was not 100% but click back and try again if it continues to give an error, call us. So I clicked back hit re-send and the order was placed. Right then and there I noticed that instead of 9,100 points being put on hold 18,200 was. So I called up right then and there they apologized, and said they would get the duplicate order removed. Needless to say in the next 8 weeks, I called around 8 times and was told different stories about the points and orders, and finally someone said they couldn’t remove the order, and that when I get the duplicate items, they would ship it back to them at their cost, and my points would be re-credited. Needless to say that happened that way, and even then it was a hassle for them to give me my point back. Now here is where the question comes in. They keep sending me more copies of the game. To date I have an extra 50 copies of the games (about 25 each game), that is after sending back the duplicate copies. Now I am ethically challenged. In a normal situation I would call, and mention it, but I never ordered it, and they have been a pain in the ass all along. At the same time legally from my understanding of the law, if I do not order it and they ship it, it is their problem. I am planning on confirming that tomorrow with the NY State Attorney General Office. I can sell these games easy for $25 a pop if not more on e-bay, yet I am slightly torn. Not torn enough to lose sleep over it though. I have yet t do anything with the games since I was giving a drop of time to see if they would contact me on their own and catch the mistake, instead I just keep receiving more and more in the mail. So what would you do if this happened to you?

01-16-2007, 04:04 PM	#2 (permalink)
Halx Please touch this. Owner/Admin Location: Manhattan	Hahah.. its like hitting a vending machine 'cause it ate your quarter, and then it proceeds to unload its entire inventory on you. I dont have any advice, I just wanted to make that analogy. __________________ You have found this post informative. -The Administrator [Don't Feed The Animals]

01-16-2007, 04:04 PM	#3 (permalink)
CSflim Sky Piercer Location: Ireland	It's like The Magic Porridge Pot of PSP games! Keep the games for a while. If they don't get in contact with you about their mistake soon, I'd consider the games yours to sell. __________________

01-16-2007, 04:42 PM	#5 (permalink)
dc_dux Location: Washington DC	I would send them a certified letter (so you have a record) that you did not order these games and they should arrange for their return, at no expense to you, within 30 (60) days or you will exercise your consumer rights under NY law to keep the merchandise or dispose of it at your discretion. __________________ "The perfect is the enemy of the good." ~ Voltaire

01-17-2007, 08:28 AM	#8 (permalink)
Demeter Psycho	If you did not place an order or request for those games you are under no obligation to pay for them, nor are you obligated to send them back. And sure enough, google finds the answer... Tip # 10. If you ever get something that you didn't order (and it is not from your negative option or club plan) you can keep it without paying for it. According to the FTC, it's your legal right. http://www.dmaconsumers.org/knowledgeyourpartner.html __________________ I am not bound to please thee with my answers. William Shakespeare

01-17-2007, 02:09 PM	#9 (permalink)
MSD The sky calls to us ... Super Moderator Location: CT	Anything you can do within the law that makes you money at the expense of a credit card company is a good thing. Sell that shit on eBay and don't look back.

01-17-2007, 02:24 PM	#10 (permalink)
Sultana Falling Angel Location: L.A. L.A. land	I like the certified letter idea. Although if they decided to give you grief over it, it doesn't sound like they are organized enough to A) Do it at all, and B) Refrain from giving you grief just because they don't have a legal leg to stand on. __________________ "Love is a snowmobile racing across the tundra and then suddenly it flips over, pinning you underneath. At night, the ice weasels come." - Matt Groening My goal? To fulfill my potential.

01-17-2007, 02:43 PM	#11 (permalink)
pig pigglet pigglet Location: Locash	You don't have to sign for these deliveries, do you? Is there a clear documented fashion they could ever prove the extra games entered your possession? I'd read your contract of sale to make sure that there isn't some good faith type clause in there, but I'm not a lawyer so I'm not going to make it up. As you did conduct some business with them, directly associated with these same psp games, I don't know that its as clear cut as completely unsolicited products that are sent to you, and then you later receive bills. I suppose if they had grounds to sue you, they could subpoena your bank statements and trace them to the ebay sales, but at least you've got some plausible deniability at this point. Perhaps partner up with someone, launder the sales through their ebay account, and cut them in for 10% for their trouble? __________________ You don't love me, you just love my piggy style

01-17-2007, 04:54 PM	#12 (permalink)
Xazy People in masks cannot be trusted Location: NYC	It was all sent via reguler mail, so no I did not have to sign for anything.

01-19-2007, 12:47 PM	#14 (permalink)
Xazy People in masks cannot be trusted Location: NYC	Attorney general said it is mine to use any way I want.

01-19-2007, 01:19 PM	#15 (permalink)
World's King Here Location: Denver City Denver	What games? I got a PSP for Christmas... I could always new games. __________________ heavy is the head that wears the crown

01-23-2007, 02:54 PM	#16 (permalink)
Xazy People in masks cannot be trusted Location: NYC	It is daxter and persuit force.

01-23-2007, 06:54 PM	#17 (permalink)
raeanna74 I'm not a blonde! I'm knot! I'm knot! I'm knot! Location: Upper Michigan	The certified letter sounds the best to me. At least that way you have all your bases covered. Otherwise, since you say you were told the games are yours and there is no papertrail linking them to you, I would personally keep them and give as gifts or sell. Finder's keepers, especially when it comes to credit card companies - they do it all the time __________________ "Always learn the rules so that you can break them properly." Dalai Lama My Karma just ran over your Dogma.