were do i stand

jackie89

got a sofa deliverd to my house i wasnt in my mate let them bring it in but it was not for me this was in oct. i have used it but now thay want it back.i know i could of rang them but y should i i never made the mistake were do i stand any help would be greatfull

taxiphil

Edit: I think I realise what you mean now. They delivered a sofa to you by mistake. Did they get the address wrong or something? When did they first notice their mistake and ask for it back?

98jdougl

from what I can gather the OP never ordered said sofa... is this righT?

wishiwasarichgirl

So they delivered a sofa to you by mistake, which you didn't pay for, and now want it back?? Er, I think you either have to pay for it or let them come and take it away again.

taxiphil

I think this comes under the law on unsolicited goods, which means you can treat the sofa as a gift and don't have to return it or pay for it.

HOWEVER, if there was any kind of deception involved, like pretending to be the person to whom the sofa was intended for, then it's a whole different matter and you'd have to give it back.

pinkshoes

If you didn't order a sofa, and they delivered it to you by mistake, then although they should have contacted you, you certainly shouldn't have used it!!

In theory you should have contacted them (email - would cost you nothing!), and charged them storage for the few days that a sofa was clogging up your living room until they came and took it away.

Just tell them to come and collect it, and if they're unhappy with the condition, then tell them that you won't charge them for storage if they don't charge you for damage.

taxiphil

Purely from a legal perspective, if you receive unsolicited goods there's no obligation whatsoever for you to contact the sender.

jackie89

its a long story but i did get a sofa from the same firm but it was faulty so sent that 1 back and got my money back and about 10 weeks later this 1 turned up i didnt know it was comeing and thay rang me and left a message to for me to ring them back this was on tuesday

dmg24

taxiphil wrote: »

I think this comes under the law on unsolicited goods, which means you can treat the sofa as a gift and don't have to return it or pay for it.

Wrong wrong wrong ...

http://www.dti.gov.uk/consumers/buying-selling/unsolicited/index.html

The Unsolicited Goods Act does not apply where a genuine mistake was made.

dmg24

jackie89 wrote: »

its a long story but i did get a sofa from the same firm but it was faulty so sent that 1 back and got my money back and about 10 weeks later this 1 turned up i didnt know it was comeing and thay rang me and left a message to for me to ring them back this was on tuesday

What do you think the company should do?

jackie89

like i said i was not in when it came its only been sat on about 20 times can thay take me to court over this.