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ethical dilemma...consumer rights

Hello, I ordered a bed from a well known online retail catalogue. This bed was delivered earlier than was stated, no problems, bed erected and is lovely.

Two weeks later hubby receives a phone call from the courier,saying they want to arrange delivery of the bed.He organises it for a couple of days later. The second bed arrives, and still sits in our hallway.

On the website, we have been charged for one bed and there is only one showing on my statement as due to be paid. On the 'track my order' section, it shows delivery of the first bed, then delivery of the second.

Hubby says its their mistake, we should just keep the bed, but I am of the opinion that we need to return it. Legally, is this theft? thanks in advance,kez
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Comments

  • enfield_freddy
    enfield_freddy Posts: 6,147 Forumite
    ethical dilemma


    why not sleep on it
  • DevCoder
    DevCoder Posts: 3,362 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Basic definition of theft.

    (1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.
    (2)It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.

    You tell us.

    In my opinion you already had the bed so by your hubby arranging delivery *knowing* the bed had already been delivered he commits the "dishonestly appropriates" part.

    He now wants to permanently deprive the other party.

    So for me its theft.

    As the track order shows both beds, theres a very good possibility they will pick up on it, the could then charge you for the second bed.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    So your husband arranged for the delivery of something that he knew he wasn't entitled to rather than just explaining that it had already been delivered? Doesn't sound like he has any ethical issue with what he's done at all, he just sounds like a thief.
  • Poppie68
    Poppie68 Posts: 4,881 Forumite
    Tenth Anniversary Combo Breaker
    Sorry OP but it sounds like theft as your husband knew you had already taken delivery of the ordered bed so should of told them when they called to arrange delivery of the second bed. They will suss it out eventually and come after you for the cost of the wrongly accepted delivery.
  • browneyedbazzi
    browneyedbazzi Posts: 3,405 Forumite
    I've been Money Tipped!
    It doesn't sound like an ethics issue to me - it's a legal issue.

    As people have pointed out above, keeping the second bed which you know is not rightfully yours is theft. On the civil side, they have up to six years to come after you for the price of the bed.

    Call them, tell them there's been a mistake and get it collected (at a time that is convenient to you).
    Common sense?...There's nothing common about sense!
  • ethical dilemma


    why not sleep on it
    Ha, very good!
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • enfield_freddy
    enfield_freddy Posts: 6,147 Forumite
    It doesn't sound like an ethics issue to me - it's a legal issue.

    As people have pointed out above, keeping the second bed which you know is not rightfully yours is theft. On the civil side, they have up to six years to come after you for the price of the bed.

    Call them, tell them there's been a mistake and get it collected (at a time that is convenient to you).


    bedtime?
    :j
  • Paully232000
    Paully232000 Posts: 2,108 Forumite
    It doesn't sound like an ethics issue to me - it's a legal issue.

    As people have pointed out above, keeping the second bed which you know is not rightfully yours is theft. On the civil side, they have up to six years to come after you for the price of the bed.

    Call them, tell them there's been a mistake and get it collected (at a time that is convenient to you).

    How would that conversation go to explain the 'mistake'?
  • GreatBeyond
    GreatBeyond Posts: 233 Forumite
    kezzygirl wrote: »
    Hello, I ordered a bed from a well known online retail catalogue. This bed was delivered earlier than was stated, no problems, bed erected and is lovely.

    Two weeks later hubby receives a phone call from the courier,saying they want to arrange delivery of the bed.He organises it for a couple of days later. The second bed arrives, and still sits in our hallway.

    On the website, we have been charged for one bed and there is only one showing on my statement as due to be paid. On the 'track my order' section, it shows delivery of the first bed, then delivery of the second.

    Hubby says its their mistake, we should just keep the bed, but I am of the opinion that we need to return it. Legally, is this theft? thanks in advance,kez

    If you had made some kind of mistake and double paid would you be happy for the company to just keep your money?
  • giraffe69
    giraffe69 Posts: 3,616 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I think the bed ought to go back and probably the husband as well unless you want to send him to classes where he learns right from wrong.
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