Can someone keep a mattress wrongly delivered to them?

Okell

@tezzasmif -  to answer your question, no, the person to whom the mattress was wrongly delivered is not "allowed" to keep it.  But as it sounds as if they've voluntarily told the seller that it's been wrongly delivered to them, it doesn't really sound as if they do want to keep it.

As other have said, this is the seller's reponsibility to put right.

tezzasmif said:

elsien said:

Originally  you implied with your title that the person it had gone to wasn’t wanting to give it back;  now you’re saying that that they have indeed contacted the retailer to say they’ve got the wrong thing. Sounds like they are trying to sort things out.

So we’re back to being patient again. 

... I don't know where the mattress is. And by the sounds of it neither Rhenus nor the Woolroom know either...

 But the Woolroom must know where it is!  You told us yesterday that:

tezzasmif said:

born_again said:

What makes you think someone else has got the mattress & it is not sat in delivery co's warehouse, given the cancelation notice?
As it makes no sense to delivery to a 3rd party & then send a cancelation msg to you. 🤷‍♀️

... Woolroom initially said the wrong mattress had been sent out for me then yesterday said customers had called them saying they had received the wrong mattress 

Are you saying that the Woolroom don't know which of their other customers got in touch with them?

You've not said what you've told the Woolroom, but I'd contact them again - preferably by email - to remind them that it is their responsibility to sort this out, and ask them what do they propose to do about it.

tezzasmif said:

elsien said:

Originally  you implied with your title that the person it had gone to wasn’t wanting to give it back;  now you’re saying that that they have indeed contacted the retailer to say they’ve got the wrong thing. Sounds like they are trying to sort things out.

So we’re back to being patient again. 

 ... It's a clearance one off marked mattress so if I can't receive that exact mattress I don't get a mattress and I'm extremely disappointed as at full price it was way out of my price league. I have searched their website for almost a year hoping a clearance mattress would come up so was really happy to find this one.

You might possibly - just possibly - have an argument against the Woolroom for what is called "loss of bargain", but if I were you I'd wait to see what solution they come up with first.  If they can't - or won't - recover the mattress for you, tell them you want it replaced.  But wait and see what happens first.

elsien

tezzasmif said:

elsien said:

Originally  you implied with your title that the person it had gone to wasn’t wanting to give it back;  now you’re saying that that they have indeed contacted the retailer to say they’ve got the wrong thing. Sounds like they are trying to sort things out.

So we’re back to being patient again. 

I wasn't implying I knew where the mattress is, I'm worried about the possibility someone who has received it might want to keep it. Unfortunately for me the delivery company aren't responding to whatsapp msgs so I don't know where the mattress is. And by the sounds of it neither Rhenus nor the Woolroom know either. It's a clearance one off marked mattress so if I can't receive that exact mattress I don't get a mattress and I'm extremely disappointed as at full price it was way out of my price league. I have searched their website for almost a year hoping a clearance mattress would come up so was really happy to find this one.

Delivery company won’t be responding to your messages because their contract is with the retailer and not with you.

So in law personally item has been wrongly delivered to does not have a right to keep it however In practice, many retailers or the delivery company  write it off as a loss.
if the company doesn’t retrieve your mattress because it’s gone to someone dishonest and they’re not chasing it, then you will probably get a refund not an alternative mattress.

elsien

Okell said:

@tezzasmif -  to answer your question, no, the person to whom the mattress was wrongly delivered is not "allowed" to keep it.  But as it sounds as if they've voluntarily told the seller that it's been wrongly delivered to them, it doesn't really sound as if they do want to keep it.

As other have said, this is the seller's reponsibility to put right.

tezzasmif said:

elsien said:

Originally  you implied with your title that the person it had gone to wasn’t wanting to give it back;  now you’re saying that that they have indeed contacted the retailer to say they’ve got the wrong thing. Sounds like they are trying to sort things out.

So we’re back to being patient again. 

... I don't know where the mattress is. And by the sounds of it neither Rhenus nor the Woolroom know either...

But the Woolroom must know where it is!  You told us yesterday that:

tezzasmif said:

born_again said:

What makes you think someone else has got the mattress & it is not sat in delivery co's warehouse, given the cancelation notice?
As it makes no sense to delivery to a 3rd party & then send a cancelation msg to you. 🤷‍♀️

... Woolroom initially said the wrong mattress had been sent out for me then yesterday said customers had called them saying they had received the wrong mattress 

Are you saying that the Woolroom don't know which of their other customers got in touch with them?

You've not said what you've told the Woolroom, but I'd contact them again - preferably by email - to remind them that it is their responsibility to sort this out, and what do they propose to do about it.

tezzasmif said:

elsien said:

Originally  you implied with your title that the person it had gone to wasn’t wanting to give it back;  now you’re saying that that they have indeed contacted the retailer to say they’ve got the wrong thing. Sounds like they are trying to sort things out.

So we’re back to being patient again. 

I wasn't implying I knew where the mattress is, I'm worried about the possibility someone who has received it might want to keep it. Unfortunately for me the delivery company aren't responding to whatsapp msgs so I don't know where the mattress is. And by the sounds of it neither Rhenus nor the Woolroom know either. It's a clearance one off marked mattress so if I can't receive that exact mattress I don't get a mattress and I'm extremely disappointed as at full price it was way out of my price league. I have searched their website for almost a year hoping a clearance mattress would come up so was really happy to find this one.

You might possibly - just possibly - have an argument against the Woolroom for what is called "loss of bargain", but if I were you I'd wait to see what solution they come up with first.  If they can't - or won't - recover the mattress for you, tell them you want it replaced.  But wait and see what happens first.

What legislation would your loss of  bargain fall under? 

Alderbank

elsien said:

Okell said:

@tezzasmif -  to answer your question, no, the person to whom the mattress was wrongly delivered is not "allowed" to keep it.  But as it sounds as if they've voluntarily told the seller that it's been wrongly delivered to them, it doesn't really sound as if they do want to keep it.

As other have said, this is the seller's reponsibility to put right.

tezzasmif said:

elsien said:

Originally  you implied with your title that the person it had gone to wasn’t wanting to give it back;  now you’re saying that that they have indeed contacted the retailer to say they’ve got the wrong thing. Sounds like they are trying to sort things out.

So we’re back to being patient again. 

... I don't know where the mattress is. And by the sounds of it neither Rhenus nor the Woolroom know either...

But the Woolroom must know where it is!  You told us yesterday that:

tezzasmif said:

born_again said:

What makes you think someone else has got the mattress & it is not sat in delivery co's warehouse, given the cancelation notice?
As it makes no sense to delivery to a 3rd party & then send a cancelation msg to you. 🤷‍♀️

... Woolroom initially said the wrong mattress had been sent out for me then yesterday said customers had called them saying they had received the wrong mattress 

Are you saying that the Woolroom don't know which of their other customers got in touch with them?

You've not said what you've told the Woolroom, but I'd contact them again - preferably by email - to remind them that it is their responsibility to sort this out, and what do they propose to do about it.

tezzasmif said:

elsien said:

Originally  you implied with your title that the person it had gone to wasn’t wanting to give it back;  now you’re saying that that they have indeed contacted the retailer to say they’ve got the wrong thing. Sounds like they are trying to sort things out.

So we’re back to being patient again. 

I wasn't implying I knew where the mattress is, I'm worried about the possibility someone who has received it might want to keep it. Unfortunately for me the delivery company aren't responding to whatsapp msgs so I don't know where the mattress is. And by the sounds of it neither Rhenus nor the Woolroom know either. It's a clearance one off marked mattress so if I can't receive that exact mattress I don't get a mattress and I'm extremely disappointed as at full price it was way out of my price league. I have searched their website for almost a year hoping a clearance mattress would come up so was really happy to find this one.

You might possibly - just possibly - have an argument against the Woolroom for what is called "loss of bargain", but if I were you I'd wait to see what solution they come up with first.  If they can't - or won't - recover the mattress for you, tell them you want it replaced.  But wait and see what happens first.

What legislation would your loss of  bargain fall under? 

It's English common law.

Lombard North Central plc v Butterworth [1987] QB 527 is the most recent appeal case I am aware of.

At common law, in addition to claiming recompense for losses resulting from the breach or breaches prior to the termination, an innocent party is entitled to claim "loss of bargain" damages (an amount to compensate for the lost opportunity to receive future performance of the contract). The breach needs to be a repudiatory breach.

tezzasmif

Okell said:

@tezzasmif -  to answer your question, no, the person to whom the mattress was wrongly delivered is not "allowed" to keep it.  But as it sounds as if they've voluntarily told the seller that it's been wrongly delivered to them, it doesn't really sound as if they do want to keep it.

As other have said, this is the seller's reponsibility to put right.

tezzasmif said:

elsien said:

Originally  you implied with your title that the person it had gone to wasn’t wanting to give it back;  now you’re saying that that they have indeed contacted the retailer to say they’ve got the wrong thing. Sounds like they are trying to sort things out.

So we’re back to being patient again. 

... I don't know where the mattress is. And by the sounds of it neither Rhenus nor the Woolroom know either...

 But the Woolroom must know where it is!  You told us yesterday that:

tezzasmif said:

born_again said:

What makes you think someone else has got the mattress & it is not sat in delivery co's warehouse, given the cancelation notice?
As it makes no sense to delivery to a 3rd party & then send a cancelation msg to you. 🤷‍♀️

... Woolroom initially said the wrong mattress had been sent out for me then yesterday said customers had called them saying they had received the wrong mattress 

Are you saying that the Woolroom don't know which of their other customers got in touch with them?

You've not said what you've told the Woolroom, but I'd contact them again - preferably by email - to remind them that it is their responsibility to sort this out, and ask them what do they propose to do about it.

tezzasmif said:

elsien said:

Originally  you implied with your title that the person it had gone to wasn’t wanting to give it back;  now you’re saying that that they have indeed contacted the retailer to say they’ve got the wrong thing. Sounds like they are trying to sort things out.

So we’re back to being patient again. 

 ... It's a clearance one off marked mattress so if I can't receive that exact mattress I don't get a mattress and I'm extremely disappointed as at full price it was way out of my price league. I have searched their website for almost a year hoping a clearance mattress would come up so was really happy to find this one.

You might possibly - just possibly - have an argument against the Woolroom for what is called "loss of bargain", but if I were you I'd wait to see what solution they come up with first.  If they can't - or won't - recover the mattress for you, tell them you want it replaced.  But wait and see what happens first.

Thank you. I'm not saying they don't know which customers have contacted them to say they got wrong mattresses but that they do not appear to know what mattresses people received. In my case they certainly don't appear to know who has my mattress. As the driver was on drop 16 of 17 (17- me) it seems extremely unlikely my mattress was kept on the van and sent back to warehouse. Because I can't get clear answers so far from Woolroom yes- I've been making guesses and assumptions

tezzasmif

Thanks to all of you for advising me. I will email woolroom again. I havent made demands they even told me I've been a delight to deal with compared to USA customers with issues. Which perhaps tells me I've been too 'nice' about it

Okell

elsien said:

Okell said:

@tezzasmif -  to answer your question, no, the person to whom the mattress was wrongly delivered is not "allowed" to keep it.  But as it sounds as if they've voluntarily told the seller that it's been wrongly delivered to them, it doesn't really sound as if they do want to keep it.

As other have said, this is the seller's reponsibility to put right.

tezzasmif said:

elsien said:

Originally  you implied with your title that the person it had gone to wasn’t wanting to give it back;  now you’re saying that that they have indeed contacted the retailer to say they’ve got the wrong thing. Sounds like they are trying to sort things out.

So we’re back to being patient again. 

... I don't know where the mattress is. And by the sounds of it neither Rhenus nor the Woolroom know either...

But the Woolroom must know where it is!  You told us yesterday that:

tezzasmif said:

born_again said:

What makes you think someone else has got the mattress & it is not sat in delivery co's warehouse, given the cancelation notice?
As it makes no sense to delivery to a 3rd party & then send a cancelation msg to you. 🤷‍♀️

... Woolroom initially said the wrong mattress had been sent out for me then yesterday said customers had called them saying they had received the wrong mattress 

Are you saying that the Woolroom don't know which of their other customers got in touch with them?

You've not said what you've told the Woolroom, but I'd contact them again - preferably by email - to remind them that it is their responsibility to sort this out, and what do they propose to do about it.

tezzasmif said:

elsien said:

Originally  you implied with your title that the person it had gone to wasn’t wanting to give it back;  now you’re saying that that they have indeed contacted the retailer to say they’ve got the wrong thing. Sounds like they are trying to sort things out.

So we’re back to being patient again. 

I wasn't implying I knew where the mattress is, I'm worried about the possibility someone who has received it might want to keep it. Unfortunately for me the delivery company aren't responding to whatsapp msgs so I don't know where the mattress is. And by the sounds of it neither Rhenus nor the Woolroom know either. It's a clearance one off marked mattress so if I can't receive that exact mattress I don't get a mattress and I'm extremely disappointed as at full price it was way out of my price league. I have searched their website for almost a year hoping a clearance mattress would come up so was really happy to find this one.

You might possibly - just possibly - have an argument against the Woolroom for what is called "loss of bargain", but if I were you I'd wait to see what solution they come up with first.  If they can't - or won't - recover the mattress for you, tell them you want it replaced.  But wait and see what happens first.

What legislation would your loss of  bargain fall under? 

Not all law is based on statute...

brianposter

OP, you are not being "too nice". Remember that you are now trying to persuade the courier company to go out of their way  to recover "your" mattress.

Aylesbury_Duck

tezzasmif said:

To clarify- Woolroom have not been clear. So my original post is querying my worry that someone has my mattress and wants to keep it. I did not say a customer has contacted Woolroom specifically saying they have been sent the mattress meant for me. I have only said when chased Woolroom admitted customers had phoned complaining they had the wrong mattress.Woolroom had to be chased daily to get any info and on the last call I'm none the wiser as to what's happening. They also don't know if Rhenus mixed up mattress sent from other companies.
So essentially I have asked here- IF a customer wants to keep goods they didn't order but have received can they do this? 

Yes, they can, but not without consequence if the retailer wishes to pursue it.  

Grumpy_chap

The title of the thread seems, perhaps, misleading as to what the issue is here and detracting from the known facts.

The OP ordered a mattress that was indicated as out for delivery on Tuesday.  That delivery never completed.

The OP has not yet received a rescheduled delivery, nor an outcome from the supplier - it is only 3 working days since the failed delivery so reasonable to give the supplier some time to work it all out.

There have been various comments as to where the mattress is.  None of these can be taken as necessarily correct.

• The mattress might still be at a depot somewhere in the delivery network
• The mattress might have been delivered to a private individual somewhere

It does not really matter to the OP where that is, but I'd suggest the OP can take some comfort that a mattress is a large item and not particularly to shift via "second-hand" channels so, wherever it is, it is likely that the mattress will be located and whoever has it will want to return it to the rightful owner.  Being the involuntary bailee of a mattress would be highly inconvenient.
Any of these scenarios mean there is only a matter of time before the mattress is properly located and redirected to the OP.

The mattress may never turn up, or may be destroyed by whoever has it, or whatever.  The OP does not need to worry about the detail, but what would happen next.  There are two most likely outcomes:

• Supplier states unable to complete contract - frustration - and refunds in full
• Supplier replaces the "clearance" mattress with an alternative mattress from the regular supply chain

From the context of the thread, if the mattress is determined as "lost", it seems the OP would prefer the latter of the two outcomes.  The best way for the OP to ensure that this is the case is to keep very friendly with the supplier and allow fair time for resolution.  I don't think it is possible to be too "nice" at this stage.