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Can I keep an item wrongly delivered, what should I do next?

3 replies

Flllightattendant · 24/01/2008 10:53

I ordered and straight away cancelled a mattress from M&S about 2 weeks ago. It was delivered in error and left outside my house last week, nobody rang first as they normally do I believe - it was just left in the rain. It's wrapped so it should be Ok.
I haven't been charged for it and after posting about it last week, I rang M&S and told them it was here, and the woman told me someone would collect it this week and would call first.

She also asked me to keep it indoors (it's huge) which I did for a few days, then I bunged it out the front again in case they came to get it. Also it's in the way indoors!

Nobody has called, nobody has come to get it.

Do I keep it? Can they later charge me for it if I do? How long do they have to come and retrieve the thing, before I am allowed to dispose of it?

Any legal expertise welcomed!!

I could just ring them again but I don't really trust them to follow through iyswim.

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Flllightattendant · 24/01/2008 11:08

Just rang them again. It could be 3 weeks before they take it away. In the mean time if it is damaged or stolen, I will be charged for it

I then spoke to someone senior (or so he said) who is ringing me back...I can't believe their attitude!

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bran · 24/01/2008 11:22

Do you have a bed you could shove it under? I think they have an obligation to collect it within a reasonable time, but I think 'reasonable time' is open to interpretation. It would be better if you could keep it inside so that it's not stolen (if it's damaged you could claim that it must have happened when the delivery person left it outside). If they have your credit card details from when you first ordered it then they may just take the money from your card and it would be a pain to force them to refund it.

I think that when the senior person phones back you should tell him that you can't store it beyond x number of days (say a week from now) and after that you will either be charging them for storage until they do collect or you will donate it to a local women's refuge (or similar). Ask for an email address and reference number and follow up with an email saying the same thing so that you have a written record.

Flllightattendant · 24/01/2008 11:32

Thanks Bran

Well had a call back and he said he has arranged for DHL to collect it tomorrow afternoon, after all that...I just hope they don't say it is damaged. It looks Ok from the outside...but it's looking like rain so maybe it had better come in in a minute!

Thanks for your suggestions, if they don't show up tomorrow I'll try them

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