How long to collect an item

Gazzerg

My girlfriend ordered a king size bed in November. A few days later a delivery driver left the bed and mattress outside - no chance to check the goods before he was gone. We got them inside to find they had sent a king size base and 4ft 6 mattress. We tried to contact them to arrange a replacement mattress and we were told that they would let us know when they could collect and exchange. Not very useful when we needed the bed that week. We tried several more times over the week to resolve and in the end complained to eBay and decided we would just get the money back and buy from another seller. The eBay process kept us on hold for a couple of more weeks until we were finally sent a refund. However we still have the bed - we don’t want it and don’t have space for it. The seller has said he will arrange for collection within the next 28 working days!! That’s 6 weeks on top of the 4 weeks we have been trying to get them to take it back already.

I’ve said if he doesn’t Collect it this week i’ll get it disposed of - to which he has said that he is entitled to the 28 days and will take me to court if we dispose of it.

Surely it isn’t right that I have to store this bed all this time??? Help

KeithP

Although not quite your scenario, this document explains your obligations and responsibilities as an involuntary bailee and should answer your questions.

dav8t

I would consider applying a daily storage charge. It would be perfectly reasonable as it is an inconvenience to you and you may have to suffer knock on storage costs of your own e.g for your alternative bed

Gazzerg

Ok, so not looking to make money - just to encourage beds collection. Would the storage charge be legally enforceable and what would seem reasonable? £5 per day? And from when I advise them or from when we have been storing it?

Regards

LilElvis

Gazzerg wrote: »

Ok, so not looking to make money - just to encourage beds collection. Would the storage charge be legally enforceable and what would seem reasonable? £5 per day? And from when I advise them or from when we have been storing it?

Regards

You can't unilaterally impose a storage charge on them. It's a total non starter.

Gazzerg

Didn’t say I should, just responding to dav8t’s suggestion.

All I want to know is does the supplier have the right to leave incorrectly supplied material in my home for 28 working days?

Seems a bit rich when they could deliver me another bed tomorrow.

As said - if it’s not picked up this week am going to have it disposed of. I think their behaviour is reprehensible.

LilElvis

Their attitude obviously is poor but you have been pointed to the information you need in post #2. Don't forget that the company has your address and has already threatened you with court action should you dispose of the mattress.

[Deleted User]

Gazzerg wrote: »

if it’s not picked up this week am going to have it disposed of.

I strongly urge you not to go down this route. Subsequent court action against you would very likely see you paying in full for this mattress which you will no longer possess.

KeithP

Gazzerg wrote: »

As said - if it’s not picked up this week am going to have it disposed of.

In my opinion, that is unwise.

You don't appear to have even noticed my earlier post - still less reading the document I linked to.

[Deleted User]

KeithP wrote: »

You don't appear to have even noticed my earlier post - still less reading the document I linked to.

You'll probably need to provide the "Cliff notes" rather than a link.

Gazzerg

Hello Keith, yes I did read the link, but that appears to be for someone having repaired something and then it not being collected. It’s not quite the same as having the wrong item being delivered in the first place, taking up half of one of your two rooms and being told to store it for several months.

If I have no rights here then the law is at fault - I should be able to dispose of it or send it to a storage facility at the suppliers costs - why would that be unreasonable?