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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I returned a mattress I ordered on line as it was the wrong

Resolved Question:

I returned a mattress I ordered on line as it was the wrong size.
They said to wrap it securely. I did reusing their wrapping. I pointed out to the driver the wrapping was just held by tape. He handled it very un-carefully, but it was fine when he put it on the lorry.
Received an e-mail today saying the mattress was not wrapped securely, and is now unsaleable. They have not asked for money but I am sure this will be their next step.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

I 've not used this before I guess you got my question. I am assuming they are going to demand money from me. Saying the returned mattress was not wrapped correctly and is now not saleable. I did say to the driver are you happy to take it, he said yes. Can they make me responsible. It was wrapped correctly

Customer: replied 2 years ago.

I guess they are going to demand money for damage to the mattress as they said it was not wrapped correctly. Can they do this can I defend against it?

Expert:  Jo C. replied 2 years ago.
It depends whether a court accepts that you did wrap it securely.
If you did and it was down to the driver then they should be pursuing him. If not then they have a claim against you.
They probably will not sue though. What they may do, if you have paid already, is refuse a refund and then the onus would be upon you to sue.
However, it really comes down to which version of events is accepted on that point.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
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