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Too much furniture...

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momofrose

Senior Member
What is the name of your state (only U.S. law)? NJ
Good morning

I will make this long story as short as possible.

In May of this year, I ordered an outdoor sectional sofa from one company. However after finding out that it would take far too long to receive the shipment, I cancelled the order (have proof of cancellation and refund issued) - May 11, 2012

In the meantime, we ordered a sectional from a different company. I was expecting delivery Monday June 4th (today actually). However, on Thursday (May 31st) I received a call from a freight company advising that they had my furniture and could actually deliver it that afternoon. I left work early (1/2 day) to go and meet the driver. The Driver showed up and off loaded the sectional. It was received in good condition but had orange cushions. I thought I had ordered a lime color from the second company but also remembered that I did like the orange so I second guessed myself and figured I had ordered the orange. I signed for the furntiure and brought it inside my home.

The more I thought about it, the more I knew I had NOT ordered orange. I phoned the company whom I had purchased the sectional from and was advised that they did ship the lime color and in fact they see it is scheduledfor delivery on Monday (as I previously stated). They attempted to help me decipher what furniture I was sent. When I mentioned to them it came from a consolidation company called "all Logisitics" (or something like that) - then to Roadrunner and then to the local carrier, they advised that in fact , this furniture, that I had signed for, did NOT come from them.

After about 2 hours of research and 3 different freight companies trying to help me it was figured out that this furniture came from the first company..the company with whom I had cancelled the order and the refund was processed on May 11, 2012.. In fact this shipment came from another customer (who had received a double shipment), the freight company called the consolidation company and they advised them to re-consign to me it was shipped to someone in NY who refused the shipment because he
had already received his shipment from them, and this was a double shipment. Apparently the shipper contacted All Logistics and they told them to reconsign to me.

So now I have furniture in my dining room that does not belong to me (I have not paid for nor do I want to pay for). I have contacted the furniture company and advised them that all furniture is still in the original boxes and I want someone to come and pick it up by Thursday (I have an event scheduled at which I am expecting about 50 people at my house and need this out of the dining room). So far (and I grant you I have just begun the process) , the furniture company can not get itself together...they will not return emails, they have disconnected me twice. What (if anything) can I do with this furniture if they do not pick up by my deadline date of Thursday June 8th?

Thank you for your help
 


justalayman

Senior Member
. What (if anything) can I do with this furniture if they do not pick up by my deadline date of Thursday June 8th?
seriously? While it was mistakenly sent to you, you did sign for it. The sender's name is listed on the bill of lading. If you did not read that and realize it was not the company you purchased furniture from, you are not in a position to make any demands of them removing it within 4 days. If you did not recognize the shipping company, the onus was upon you to figure out why somebody you did not order furniture from was shipping furniture to you and refuse it if it was not what you purchased.


So, since you accepted the delivery, you now have to not damage or lose the furniture. What you do with it for your party is up to you. You can ask the seller, nicely, if they would come get it real soon (hopefully before your party).
 

momofrose

Senior Member
As I said, I was expecting a shipment of furniture - this was justnot it - as far as the bill of lading - I said it was re-consigned therefore the bill of lading noted nothing about who the original shipper was...I am not sure how this is my fault. I was expecting furniture...why would I not think this was mine? Why would I think this was from an order cancelled over a month ago???
 

justalayman

Senior Member
As I said, I was expecting a shipment of furniture - this was justnot it - as far as the bill of lading - I said it was re-consigned therefore the bill of lading noted nothing about who the original shipper was...I am not sure how this is my fault. I was expecting furniture...why would I not think this was mine? Why would I think this was from an order cancelled over a month ago???
so the consignor on the bill of lading was totally foreign to you, right?

It was not the color you thought you ordered. It was not shipped by a familiar name. The proper action would be to get on the phone and call whomever you purchased from to notify them of the color problem right then, before accepting it. I understand you justification but apparently you were not so confident in that that you didn't, nearly immediately, call to check on it and discover the true situation.



I'm not trying to really blame anybody. It is a continuation of errors. It's that you seem to think you have any rights to demand action in an unreasonable time when you are just as much to blame as the errant shipper is what I have a problem with. They likely have several different companies to deal with just to figure out the situation. Then they have to figure out a plan to remedy the situation and then it has to take place. It is unlikely to be fixed by the 8th, at least I would be surprised if it was. It sounds like you may have been a bit, let's say, forceful in your contacts since you were hung up on twice. That surely won't get you an favors.
 

momofrose

Senior Member
I was not hung up on,I was disconnected.

In any case, I finally got through to someone and they are trying to get the furniture out of my home by Thursday...I find it very strange that this was shipped at all given that it was cancelled a month ago..

Let me ask this...I do not think they are a very organized company. How long do I need to keep this furniture if they do not pick it up?
 

justalayman

Senior Member
momofrose;3058549]I was not hung up on,I was disconnected.
My apoligies

In any case, I finally got through to someone and they are trying to get the furniture out of my home by Thursday
.Yea!!!

..I find it very strange that this was shipped at all given that it was cancelled a month ago..
well, stranger things have happened. Make sure, if you used your credit card, this does not get charged to your card. Keep a close eye on it for several billing cycles.

Let me ask this...I do not think they are a very organized company. How long do I need to keep this furniture if they do not pick it up?
that one is going to take (me) some research. Gotta run for now. Will try to get it a bit later.
 

momofrose

Senior Member
Thank you - I am trying to find info as well but it is difficult. I can not find any case law with regard to this situation. Just an fyi - I called them again this morning and it's like they never heard of me or this situation before
 

justalayman

Senior Member
Just an fyi - I called them again this morning and it's like they never heard of me or this situation before
for some reason, given the various different companies involved and the situation in general, I'm not really surprised.


still looking for info as well. Thinking maybe the UCC may be the direction but haven't spent much time in it so not real excited about hitting it now.
 

momofrose

Senior Member
End Result

I reeived the following email this morning from the company

Mam, we haven't found a carrier that has liability insurance to go and pick it up. You have our permission to donate it to charity as previously mentioned by you in the previous email. We have zero means of charging you for the items. The authorization was a one time charge for which you were already
Refunded for. Again, at this point we give you authorization to donate to charity.

Thank you,
 

justalayman

Senior Member
well, at least it is resolved, other than getting it out of the house. Congrats



and keep a copy of that email in the safest most secure place you have to store documents. It could be your salvation should somebody in this line of people being involved in this claim anything differently.
 

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