Legal question about a bed!

bundly

Something rather strange has happened.

I recently bought a cheap bed at a massive bed warehouse/wholesalers and asked them to deliver it in 5 weeks time (so I could redecorate the room first without having a bulky bed getting in the way and possibly damaged). They phoned me and the delivery was booked for 1st November.

To my surprise, it arrived the next day. At first I told the deliveryman that he had brought it 5 weeks early, and refused it. However, he whinged a bit at me that he'd made a 100-mile round trip to come to me. I gave in and took the bed in, and it was an annoyance to me for a couple of weeks as it had to be stored in our (small) living room for that time.

To my FURTHER surprise, the big warehouse called today and left a message on the answerphone, a reminder that the bed is coming tomorrow!

Question: if they DO bring another bed, and I keep it, can I legally keep it and sell it? Or must I tell them now that I already have the bed?

Bundly

ThumbRemote

bundly wrote: »

Question: if they DO bring another bed, and I keep it, can I legally keep it and sell it? Or must I tell them now that I already have the bed?

If another is delivered, legally it's still theres. You have a duty of care for it and must offer an opportunity for it to be collected. You can sell it after 6 years.

Far easier to just refuse delivery.

bundly

Oh dear, six years! I was kinda hoping that legally I could keep it and flog it for Xmas money! Aw well... I just rang them and told them, and they didn't seem the least surprised at the c@ck up!

mattyprice4004

bundly wrote: »

Oh dear, six years! I was kinda hoping that legally I could keep it and flog it for Xmas money! Aw well... I just rang them and told them, and they didn't seem the least surprised at the c@ck up!

I agree, it's absolutely awful that you can't scam a company out of hundreds of pounds.

This country really is morally bankrupt these days.

bundly

mattyprice4004 wrote: »

I agree, it's absolutely awful that you can't scam a company out of hundreds of pounds.

That is horrendously unfair. I didn't "scam" anyone. This was their mistake and ONLY theirs. It's not like I have actively phoned and tried to pretend I did not receive the bed, is it? I signed for it and printed my name clearly! I have done absolutely nothing wrong. THEY are at fault for having sloppy working procedures, for bringing a bed 5 weeks earlier than they had agreed and for not deleting my order off the system once the bed was delivered and signed for.

All I hoped was that by some loophole, I could keep the second bed.

I think you need a dictionary to find out what the word "scam" means, because it means when someone deliberately and intentionally creates a scheme wherein they set out to con or steal, NOT where some stupid huge, rich company through its own incompetence makes a mistake and someone poor accidentally benefits from it.

I've just checked your previous postings on other threads and can see that you are one of "those" -- morally superior, holier-than thou and issuing rebukes and criticisms to all and sundry who aren't as squeaky clean as you think yourself to be.:rotfl:

somethingcorporate

By phoning them up you could have saved someones job so well done for doing the right thing.

(although it is staggering you don't have the common sense to realise that keeping something that isn't yours is wrong.)

hollydays

You want to know if legally you can flog someone's else's property for Xmas?
You're asking to be told the loophole that makes it ok to be a thief, well there isn't one. What ever happened to - treat others as you would wish to be treated?

PZH

bundly wrote: »

All I hoped was that by some loophole, I could keep the second bed.

IF the second bed was delivered, and IF you were not in a position to reject the delivery (i.e. refuse delivery yourself, or had informed all others in the house NOT to accept delivery) then legally you would have a duty of care to the second bed.

That would entail keeping it in a safe and secure place and free from damage. In the meantime, you would need to contact the company concerned, in writing, and notify them of their error.

They would then need to arrange a suitable date / time to collect the bed. It should be noted that this would be at their cost and the date / time would need to be suitable for all. You cannot be awkward for the sake of being awkward.

If they fail to collect the bed at the agreed time / date, tell them again, in writing, and tell them that, if they do not collect the bed within x weeks, at a time / date suitable for all, then you will dispose of the said bed.

Even then, I think that you are legally obliged to send the money to the original owner.

Could be totally wrong about the above, but I'm sure someone will be along to correct me if that is the case.

ETA: Above seems to be right as described here? Would the goods be described as "Left behind"?

IF they DID deliver a second bed, and you never told them, nor gave them an opportunity to correct their error, nor kept the bed safe and secure and undamaged, then of course that would be a Scam....