Posted wrong item, buyer wont return

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Comments

  • FatVonD
    FatVonD Posts: 5,315 Forumite
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    The OP needs to send a postage label for its return, it is not enough to reimburse.

    Once they have had it 28 days without a return label being sent they can claim they are unsolicited goods and keep them.
    Make £25 a day in April £0/£750 (March £584, February £602, January £883.66)

    December £361.54, November £322.28, October £288.52, September £374.30, August £223.95, July £71.45, June £251.22, May£119.33, April £236.24, March £106.74, Feb £40.99, Jan £98.54) Total for 2017 - £2,495.10
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    FatVonD wrote: »
    The OP needs to send a postage label for its return, it is not enough to reimburse.

    Once they have had it 28 days without a return label being sent they can claim they are unsolicited goods and keep them.

    I'm not sure why you think that.
  • Marcon
    Marcon Posts: 10,669 Forumite
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    edited 9 July 2017 at 5:11PM
    pinkshoes wrote: »
    This website is about money SAVING.

    The goods were sent in error and the OP has taken the correct measures to get them returned.

    Why shouldn't they threaten court action?
    The correct measure would have been to supply a prepaid return label.

    Threatening court action is simply OTT, particularly where the seller is in the wrong twice - for sending the wrong item and not sending a return label/offering to collect.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • soolin
    soolin Posts: 72,199 Ambassador
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    I agree with the bit about the returns label, I can't see OP getting anywhere with this when they haven't sent either a label or the funds to return.
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  • angryparcel
    angryparcel Posts: 926 Forumite
    pinkshoes wrote: »
    send a lette before action threatening court action for the cost of the item and the postage label
    Why, the seller is the one that made 2 mistakes

    1) sent the wrong goods
    2) failed to send a postage paid returns label or arrange collection.

    so what do you think a court will do after looking at the facts.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    edited 9 July 2017 at 5:57PM
    angryparcel wrote: »
    Why, the seller is the one that made 2 mistakes

    1) sent the wrong goods
    2) failed to send a postage paid returns label or arrange collection.

    so what do you think a court will do after looking at the facts.
    As these facts appear to show that the OP contacted the buyer and asked if they would return the package if they sent the money for postage and the buyer agreed, I think that a court might well favour the OP.
    freddie wrote: »
    I contacted the buyer, apologised greatly, sent the correct one and asked that they return the wrong item and I will send them the postage money. Buyer agreed to this and promised they would send it. However no item has yet been received.
  • Marcon
    Marcon Posts: 10,669 Forumite
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    shaun_from_Africa wrote: »
    As these facts appear to show that the OP contacted the buyer and asked if they would return the package if they sent the money for postage and the buyer agreed, I think that a court might well favour the OP.

    You're missing the point - the buyer might have said they would return but it's still up to the seller to make it as painless as possible (i.e. sent a prepaid label). No court is going to be interested in such a silly dispute.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    Marcon wrote: »
    You're missing the point - the buyer might have said they would return but it's still up to the seller to make it as painless as possible (i.e. sent a prepaid label). No court is going to be interested in such a silly dispute.

    What point am I missing?
    The OP asked if they sent the postage money, would the buyer return the item and the buyer agreed to this.
    If they wanted a prepaid label then they shouldn't have agreed.

    As to the court not being interested.
    You do know how moneyclaim works don't you?
    Provided that the online documents are submitted and the correct payment made, then the claim can go ahead.
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