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

born_again

Jellynailer said:

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.

Sorry. You have started 2 threads of you own, now hijacked another posters thread.

Jellynailer

Disclaimer

 The companies may not be

the very worst or very best

So please do not ask me

Better to do your own quest

Ergates

Jellynailer said:

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.

Companies may or may not be owned by other companies, or directly by an individual, or a group of individuals or by shareholders, or by a collective of sentient root vegetables.

None of these things determine if it is a "real" company or not.

cymruchris

I think the thread might be going a little off-tangent here. I'm waiting to find out if the OP has found out where their mattress is lurking, and whether they've had positive action from the retailer.

Okell

the_lunatic_is_in_my_head said:

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.

Fair enough - so you are saying that the OP needs to give Benson's another timeframe (say 7 days) before they can treat the contract as at an end.  I'm happy with that as I find s28 very difficult to understand

What I find confusing is that I don't think that the wording of s28(6) is very clear.  s 28(6)(b) has the word "or" at the end of it - which is clear - but I'm confused about s28(6)(a)

Should there be an "and" at the end of s26(8)(a) to make it perfectly clear?

Plus I'm not sure why s28(6)(a) tlaks about the trader "refusing" to deliver the goods, which sounds to me as if it's a wilful decision on the part of the trader to refuse to deliver the goods within the timeframe.  What if the trader is simply unable to deliver within the timeframe for reasons outside their control?

Ergates

cymruchris said:

I think the thread might be going a little off-tangent here. I'm waiting to find out if the OP has found out where their mattress is lurking, and whether they've had positive action from the retailer.

It doesn't matter *where* the mattress is - other than it not being in the possession of the OP.

autonm

cymruchris said:

I think the thread might be going a little off-tangent here. I'm waiting to find out if the OP has found out where their mattress is lurking, and whether they've had positive action from the retailer.

Nope - mattress still not found.
I have asked if they will resend another - "they need to investigate" - is basically the answer. Im sorry but if my mattress has been accepted by someone else and any protective covering removed etc - i wont accept delivery.

Ive got to phone back tomorrow to see if the investigation has been finalised ... will post an update.

Ergates

autonm said:

cymruchris said:

I think the thread might be going a little off-tangent here. I'm waiting to find out if the OP has found out where their mattress is lurking, and whether they've had positive action from the retailer.

Nope - mattress still not found.
I have asked if they will resend another - "they need to investigate" - is basically the answer. Im sorry but if my mattress has been accepted by someone else and any protective covering removed etc - i wont accept delivery.

Ive got to phone back tomorrow to see if the investigation has been finalised ... will post an update.

"they need to investigate"   They don't though.  They might *want* to investigate, but they can do that in their own time, and their desire to do so is not sufficient reason to justify further delays to delivering the item you have paid for.

It sounds like their internal processes for handling situations like this are both insufficiently robust and insufficiently flexible to deal with this situation and the people dealing with it are flapping because they don't know what to do and/or don't have the ability or authority to fix it.

m0bov

Op how did you pay for it? I'd be sending an LBA now giving 7days to refund.

the_lunatic_is_in_my_head

Okell said:

Fair enough - so you are saying that the OP needs to give Benson's another timeframe (say 7 days) before they can treat the contract as at an end.  I'm happy with that as I find s28 very difficult to understand

What I find confusing is that I don't think that the wording of s28(6) is very clear.  s 28(6)(b) has the word "or" at the end of it - which is clear - but I'm confused about s28(6)(a)

Should there be an "and" at the end of s26(8)(a) to make it perfectly clear?

I'm not sure, the guidance notes just say If the trader again fails to deliver the goods in this time frame, then the consumer may treat the contract as at an end.

Okell said: if it's a wilful decision on the part of the trader to refuse to deliver the goods within the timeframe.  What if the trader is simply unable to deliver within the timeframe for reasons outside their control?

I guess that could still be regarded as them refusing, when they have an obligation under a contract the issues with things outside their control is their problem really. 

If the company had delivered it themselves then the chances of it going to the wrong place would have been greatly reduced....