Furniture left behind

[Sheheane]

Jurisdiction

Florida

If a delivery person for said company tells the consumer to keep a damaged item and does not take it with them upon delivery of the replacement item, is it the right of the consumer to do as he/she feels desires with the original (damaged) item? And, after six weeks, is it lawful for the company in which the item was purchased, demand return or payment for the goods that were left behind by the delivery/ warehouse?

 

[ElleMD]

The delivery person probably isn't privy to whatever agreements you made with the company. When you contacted the person with whom you arranged a replacement about what to do with the original item, what were you told? If they wanted the item back, you owe them the item back. You only paid for one item.

 

[Nrs517]

The delivery person probably isn't privy to whatever agreements you made with the company. When you contacted the person with whom you arranged a replacement about what to do with the original item, what were you told? If they wanted the item back, you owe them the item back. You only paid for one item.

Normally I would agree with you, but the customer in question asked thr Warehouse personal several times to take the couch and verified with that induvidual. She was told to keep it that it was hers. She was not contacted for 6 weeks after the delivery of the replacement item and due to the limited space of her home and after several weeks of holding on to it, gave the damaged item away. Was the warehouse personnel not a representative of the company? And shouldn't the company have taken the damaged item immediately upon delivery of the new one?

 

[ElleMD]

There is no set answer here. When you told whomever contacted you about returning the damaged item that you no longer had it, what were you told? Was this not part of the conversation when arranging for a replacement?

 

[Nrs517]

There is no set answer here. When you told whomever contacted you about returning the damaged item that you no longer had it, what were you told? Was this not part of the conversation when arranging for a replacement?

She was originally told that the item would be picked up when the new one was delivered, but after asking several times she was told that it was hers to keep. She lis an elderly woman who lives by herself in a tiny house and it was a couch they left behind. Not a small piece of furniture she had the room to store until they were ready to come get it. I am a neighbor advocating for her because if it were me and they left it with me for six weeks, I would have gotten rid of it too. Has anyone else had a similar situation?

 

[army judge]

She was originally told that the item would be picked up when the new one was delivered, but after asking several times she was told that it was hers to keep. She lis an elderly woman who lives by herself in a tiny house and it was a couch they left behind. Not a small piece of furniture she had the room to store until they were ready to come get it. I am a neighbor advocating for her because if it were me and they left it with me for six weeks, I would have gotten rid of it too. Has anyone else had a similar situation?

Being told to keep an item, doesn't ON ITS FACE mean the item is yours to keep, as in OWN.

I agree, the suggestion (if made as alleged) my have been confusing.

If, however, after a few days the person possessing the sofa should have written, called, or communicated with the store to come and get their item.

It could very well be that the woman was told to "keep" the item so her remedies about the damaged merchandise could expire.

If there is an argument she MIGHT be able to make it should be along those lines.

However, the store will counter safekeeping doesn't mean keeping as in owning, it meant "keep our item safe, as in store it for us".

Giving the item away, say to YOU for example (her advocate) could bring trouble for all of you.

If the item was gifted to another person, because the woman had no storage room, I suspect the little old lady from Pasadena might receive a bill for the item.

What the woman did could also be prosecuted under criminal law as "conversion", or a similar statue in your state.

 

[mightymoose]

This situation would probably best be handled by reviewing the return policy of the merchant and determining if you followed the steps to hold up your end of the deal.
A delivery person is not likely the correct person to handle a return claim, and who knows what authority the person at the warehouse held. Warranty coverage of some items is handled directly through the manufacturer and not through the merchant- so it is reasonable that they would not take the item back. You would have had to contact the appropriate person/company per the policy.