Unsolicited Goods?? Help!!

[bonniebonn]

Helloo, I really hope someone can help give me some legal advice on a problem I have recently encountered?? I'm literally at wits end trying to find out what to do!!!

 

Okay, it all started when I ordered a bed frame and mattress from a company online. The bed frame arrived about 3 days after ordering. I waited about 3 weeks before I rang the company asking where my mattress was as they'd given me no notification as to the delivery date. They messed me about quite a bit when I tried to phone them and get an answer, only after I'd rang them a few times did I get to talk to a manager.

 

He told me that they had received an email from the manufacturers of the mattress and there was a problem with the suppliers of the foam which makes the mattress and it could take another 2-3 weeks to be delivered. He offered me alternative mattress of the same price which I accepted because I'd already been waiting ages and didn't want to wait any longer!! He said it'd be delivered between 2-3 days.

 

It did arrive and because it was a memory foam it was all wrapped up, we signed for it and unwrapped it, and discovered it was a double mattress instead of the single one we'd ordered.

 

We immediately rang them and alerted them of their mistake, but also telling them we'd already mistakenly opened it. The manager rang back the next day and said he'd deliver the single one within 2-3 days and that when it was delivered the people would, and his exact words were, they'd HOPEFULLY pick up the wrongly delivered one.

I wasn't home when the single bed was delivered but needless to say they did NOT pick up the double mattress.

The date they were supposed to pick it up was the 15th June 2010.

 

What I want to know now is what legal rights do I have?? Is this now classed as an unsolicited good?? I alerted them of the problem and they haven't done anything about it, its a pain storing it as it's not small!! And my house isn't very big!! But if I were able to keep it, it wouldn't go to waste.

 

Any suggestions please?? Thank you :]

[Dotty50]

Hi Bonnie,

 

Have you called the manager to ask why it wasn't collected, he/she seems to have been ok with getting the new mattress sorted for you.

 

IMO unsolicited goods are something delivered to you that has not been ordered at any time. You ordered a mattress but got a double instead of a single so wouldn't have thought you could class it as unsolicited but an error.

 

Who took delivery of the correct single mattress, did they ask for the double to be taken?

 

Have to ask though, how did you mistake a double for a single, when first delivered? Quite a difference in size, as you state, now you want rid of it!

[MARTIN3030]

Welcome to the site Bonnie.

Will move your thread from here.

[bonniebonn]

I haven't rang them no, I have rang them so many times already and when I do I never get a proper reply or through to a manager as they always seem to be "in a meeting" when I request to speak to one.

 

My younger brother was here when they came to drop off the single mattress, he wasn't sure what to ask them, but according to him they were very keen to drop it off and didn't hang around.

And because it was a memory foam and we have never had a memory foam mattress before we weren't sure how it would look as it was all rolled up very tightly. Of course it then expanded massively.

 

I'm not even sure if its worth them picking it up?? They are aware its open and would have to pay for it to be picked up again.

[Dotty50]

I am even more confused now, I have a memory foam mattress and there is no way it could be folded, rolled or anything as it is quite solid.

 

If you want to keep it, what value is it? They would expect payment I wouldn't think they will let you have it free.

 

If it was an online order, there should be a contact email address for any problems. I would email asking them to collect it within 7 days and see what response you get. When you send it, request a read receipt.

[Dotty50]

Keeping lost, found and uncollected goods

 

Here you are Bonnie, have a look here for some guidelines.

[bonniebonn]

Thanks for the info site, I may just have to email them and give them notice, I don't really have the time to sit in waiting for them though, work most of the week, am annoyed of the hassle it's caused me!!

I feel they should take more responsibility in handling this.