Mattress - apprently delivered to wrong address, whats my rights to request a new order

born_again

Jellynailer said:

If your retailer's name begins with an F, it has recently changed hands.  Please send me a private message (click on my avatar then profile then message) and I will brief you.  

If not, look at one star posts for the company on Trustpilot and see if your problem is common or unusual. 

F & changed hands means nothing.
Not going to send a PM, it's a public forum & posting their name makes no difference. Especially given they are no longer trading.

Just post company no's.

sheramber

Jellynailer said:

autonm said:

I ordered a double mattress in store (not online) . and was to be delivered by FedEx.

N.B  I noted that you did not want to name the retailer, hence my cryptic message.  It is not a good idea, anyway to name companies.  The company then has a right of reply + MSEF is accessible to the www as a .com site. 

Why the cloak and dagger stuff?

Why should the company not have the right  of reply.   If you can prove what is said what is the problem?

Jellynailer

autonm said:

Its a national retailer. Probably one in every other retail park across the country. 
I'll give them a few days to hopefully track it down.... I can see someone taking in a parcel - but like I said, a mattress size wise is a little different  

The 'company' I refer to as F trades in retail parks across the country and is not even a bona fide company.  It has changed hands in secret and information from the auditors of the company that sold it points to asset stripping,  Noting that Fedex has a 1.2 Trustpilot score, alarm bells are ringing and I have informed the Forum leader that the issue of naming is legally sensitive - for me as well as our Forum.  I had to get my whole thread deleted when a member named the F shop.

Returning to your problem as posted - see  https://www.which.co.uk/reviews/best-and-worst-shops/article/best-and-worst-delivery-companies-adzRt3m47ABD

autonm

Thanks for everyones comments / guidance. 

Supplier is Benson Beds. I and them have not broken any laws, simply FedEx saying its been delivered when it has not.
According to my FedEx tracking number status is
Status Delivered.
No signature or picture, just says "Signed for by <insert my surname>". 
Delivered to: Residence
Delivery Location: Newcastle 
Delivery Date Oct 18th 10:44

So from what I can see on FedEx website, they are 100% saying that its delivered.

I rang Benson Beds on Friday, they acknowledged what I can see myself on FedEx and said they would email FedEx... come today (Monday) I have heard nothing at all. 

I will ring them tomorrow to get an update - as them in their opinion how long before they ship a replacement.

... I didnt tell them a delivery date was essential, but on the contract it says "Lead Time: 1 week"

DullGreyGuy

autonm said:

Thanks for everyones comments / guidance. 

Supplier is Benson Beds. I and them have not broken any laws, simply FedEx saying its been delivered when it has not.
According to my FedEx tracking number status is
Status Delivered.
No signature or picture, just says "Signed for by <insert my surname>". 
Delivered to: Residence
Delivery Location: Newcastle 
Delivery Date Oct 18th 10:44

So from what I can see on FedEx website, they are 100% saying that its delivered.

I rang Benson Beds on Friday, they acknowledged what I can see myself on FedEx and said they would email FedEx... come today (Monday) I have heard nothing at all. 

I will ring them tomorrow to get an update - as them in their opinion how long before they ship a replacement.

... I didnt tell them a delivery date was essential, but on the contract it says "Lead Time: 1 week"

So in "working days" it's less than a day? Issue on Friday and not heard back by Monday?

The reality is Benson would have emailed FedEx central office, when they read it they'll email the depot. The Depot will then read the email and check. The Depot will then email the central office which again sits in a queue. Central office then reads the response and hopefully can then reply to Benson. This then sits in the queue until they read it and then try to contact you. The email in principle moves in seconds but that doesn't mean the person that receives it will read it instantly or that they themselves can answer. 

Took 3 working days for our sofa to be redelivered but it was still in its shrink wrap and in perfect condition when it did arrive. 

Ergates

Jellynailer said:

autonm said:

Its a national retailer. Probably one in every other retail park across the country. 
I'll give them a few days to hopefully track it down.... I can see someone taking in a parcel - but like I said, a mattress size wise is a little different  

The 'company' I refer to as F trades in retail parks across the country and is not even a bona fide company.  It has changed hands in secret and information from the auditors of the company that sold it points to asset stripping,  Noting that Fedex has a 1.2 Trustpilot score, alarm bells are ringing and I have informed the Forum leader that the issue of naming is legally sensitive - for me as well as our Forum.  I had to get my whole thread deleted when a member named the F shop.

Returning to your problem as posted - see  https://www.which.co.uk/reviews/best-and-worst-shops/article/best-and-worst-delivery-companies-adzRt3m47ABD

Naming a company alongside a factual statement of events will not get anyone's post removed, no matter what the company is.

Making statements like "X is not even a bona fide company" is the type of thing that will - unless you can provide factual evidence to back up your claim.

I assume you are alluding to Feather and Black - as a company that begins with "F" that sells mattresses.  They were sold in 2020 though, not that recently, and not particularly secret.

Okell

@autonm -  I think @the_lunatic_is_in_my_head has outlined the legal position.

You can argue with the seller that there was an agreement that the goods be delivered within 7 days and they have missed this delivery time.

Under s28 of the Consumer Rights Act 2015 you can argue that as the time for delivery has passed, then you are entitled to treat the contract as at an end, and that you are entitled to a full refund - payable without undue delay.

Of course you can decide to give them a bit longer to sort out what has gone wrong, but I don't think you are obliged to do so.

It depends how quickly you want to sort this out and how inconvenient it would be to have to buy another bed...

EssexHebridean

Ergates said:

Jellynailer said:

autonm said:

Its a national retailer. Probably one in every other retail park across the country. 
I'll give them a few days to hopefully track it down.... I can see someone taking in a parcel - but like I said, a mattress size wise is a little different  

The 'company' I refer to as F trades in retail parks across the country and is not even a bona fide company.  It has changed hands in secret and information from the auditors of the company that sold it points to asset stripping,  Noting that Fedex has a 1.2 Trustpilot score, alarm bells are ringing and I have informed the Forum leader that the issue of naming is legally sensitive - for me as well as our Forum.  I had to get my whole thread deleted when a member named the F shop.

Returning to your problem as posted - see  https://www.which.co.uk/reviews/best-and-worst-shops/article/best-and-worst-delivery-companies-adzRt3m47ABD

Naming a company alongside a factual statement of events will not get anyone's post removed, no matter what the company is.

Making statements like "X is not even a bona fide company" is the type of thing that will - unless you can provide factual evidence to back up your claim.

I assume you are alluding to Feather and Black - as a company that begins with "F" that sells mattresses.  They were sold in 2020 though, not that recently, and not particularly secret.

I think Fabb Furniture were the one being talked about previously - although I agree that when abbreviations are used that are not "standard" it can be very confusing, and potentially leave people imagining the worst of entirely the wrong company! 

OP I do understand why you are keen to get this sorted - not least because often when folk order something like a mattress and have confirmation of the delivery date they may well take steps to dispose of the one is is replacing simply because they wouldn't have space for both in the property - we've had this situation previously - at which point the non-arrival of the replacement would  be a substantial issue! Hopefully you will hear something back from Bensons today so you know what is going on - it does seem rather ludicrous that FedEx couldn't provide details immediately of where it was actually delivered to! 

the_lunatic_is_in_my_head

Okell said:

You can argue with the seller that there was an agreement that the goods be delivered within 7 days and they have missed this delivery time.

Under s28 of the Consumer Rights Act 2015 you can argue that as the time for delivery has passed, then you are entitled to treat the contract as at an end, and that you are entitled to a full refund - payable without undue delay.

Just to clarify if the 7 days have passed OP would have to give another timeframe before treating at an end, perhaps another 7 days. 

The bit about delivery being essential requires the consumer to state such before the contract is entered into (which OP mentioned they didn't) or it has to be obvious (say a wedding cake or Mother's Day flowers). 

As this is Bensons you'd hope the service would be good enough to sort it out without having to resort to arguing with rights.

Jellynailer

autonm said:

Thanks for everyones comments / guidance. 

Supplier is ...

All three retail 'companies' named in this thread are brand names of other companies which in turn are owned by foreign companies.

I am writing a guide on how to find good 'customer service'  companies but will not be sharing this on MSEF for what I trust are obvious reasons, including the forum rules.

However I must thank you and the other 'namers' because I now have three examples of what I call 'company self-service' companies and this will enormously strengthen my case for regulatory oversight of companies and for protection for consumers.