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  • FIRST POST
    • freddie
    • By freddie 7th Jul 17, 8:42 PM
    • 904Posts
    • 711Thanks
    freddie
    Posted wrong item, buyer wont return
    • #1
    • 7th Jul 17, 8:42 PM
    Posted wrong item, buyer wont return 7th Jul 17 at 8:42 PM
    4 weeks ago I sold an item on Ebay. However I managed to post the wrong item, a much more expensive one. 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.
    Is there anything I can do? Morally they should return it as they have admitted they have it and that its the wrong item but can I actually make them. I do appreciate that it was my fault it happened though so do I just have to absorb the lose and they get a £50 item for free.?
Page 1
    • discat11
    • By discat11 7th Jul 17, 8:48 PM
    • 273 Posts
    • 313 Thanks
    discat11
    • #2
    • 7th Jul 17, 8:48 PM
    • #2
    • 7th Jul 17, 8:48 PM
    It is theft to keep the item but I doubt you'll get any help from eBay, it was, after all your fault for sending it.

    i.e. it's not just moral they should return it, it's legal too.
    • I have spoken
    • By I have spoken 7th Jul 17, 8:50 PM
    • 4,963 Posts
    • 9,656 Thanks
    I have spoken
    • #3
    • 7th Jul 17, 8:50 PM
    • #3
    • 7th Jul 17, 8:50 PM
    >Is there anything I can do? <

    Other than a last appeal to the buyer's better nature, I can't see any option other than to block them, learn the lesson and move on
    • pinkshoes
    • By pinkshoes 7th Jul 17, 8:51 PM
    • 15,319 Posts
    • 20,870 Thanks
    pinkshoes
    • #4
    • 7th Jul 17, 8:51 PM
    • #4
    • 7th Jul 17, 8:51 PM
    Have you sent them the postage money?

    (I would not return it until I was sent a prepaid label...)

    If you have, then send a lette before action threatening court action for the cost of the item and the postage label unless they return it within 14 days with the prepaid postage label you have already sent.

    They cannot keep something that was sent in error.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • mrcol1000
    • By mrcol1000 7th Jul 17, 9:16 PM
    • 4,413 Posts
    • 3,794 Thanks
    mrcol1000
    • #5
    • 7th Jul 17, 9:16 PM
    • #5
    • 7th Jul 17, 9:16 PM
    Better to wait for them to return the item before sending out or open a SNAD for next time.
    • angryparcel
    • By angryparcel 7th Jul 17, 9:43 PM
    • 910 Posts
    • 520 Thanks
    angryparcel
    • #6
    • 7th Jul 17, 9:43 PM
    • #6
    • 7th Jul 17, 9:43 PM
    I would have asked them to return the wrong item (send them a pre paid label) and waited for this to be received back before sending out the correct one with maybe a small extra item as a way of apology for the inconvenience
    • forgotmyname
    • By forgotmyname 7th Jul 17, 9:46 PM
    • 26,012 Posts
    • 10,371 Thanks
    forgotmyname
    • #7
    • 7th Jul 17, 9:46 PM
    • #7
    • 7th Jul 17, 9:46 PM
    Send them a pre-paid label. Give them a week then send them a letter that the item should be returned within 7 days otherwise you will be taking them to court for the items value.

    If you dont offer the returns label of offer to collect then they could just say they were waiting for you to pay. Why should they be out of pocket to return an item you sent wrongly.
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
    • Brynsam
    • By Brynsam 7th Jul 17, 10:05 PM
    • 225 Posts
    • 187 Thanks
    Brynsam
    • #8
    • 7th Jul 17, 10:05 PM
    • #8
    • 7th Jul 17, 10:05 PM
    What is all this nonsense about court action? Come into the real world with the rest of us!

    Learn the lesson and next time wait for the item to be returned before sending out the correct one. For now, e-mail a prepaid Hermes label and give the buyer the address of their nearest parcel shop to drop it off. That might get some action. If not, put it down to experience.
    • janb5
    • By janb5 8th Jul 17, 12:50 AM
    • 1,786 Posts
    • 6,377 Thanks
    janb5
    • #9
    • 8th Jul 17, 12:50 AM
    • #9
    • 8th Jul 17, 12:50 AM
    I dont think it is nonsense to ask for the item back but I would send them the returns item and request that they send the wrong item back.

    I dont think it would do any harm to report them to Ebay if they do not co operate with a printed label return.

    Or you could consider taking them to the Small Claims Court.
    • pinkshoes
    • By pinkshoes 8th Jul 17, 9:16 AM
    • 15,319 Posts
    • 20,870 Thanks
    pinkshoes
    What is all this nonsense about court action? Come into the real world with the rest of us!

    Learn the lesson and next time wait for the item to be returned before sending out the correct one. For now, e-mail a prepaid Hermes label and give the buyer the address of their nearest parcel shop to drop it off. That might get some action. If not, put it down to experience.
    Originally posted by Brynsam
    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?

    If £50 is nothing to you, then why don't you give £50 to the OP?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • martindow
    • By martindow 8th Jul 17, 11:28 AM
    • 7,249 Posts
    • 4,037 Thanks
    martindow
    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?

    If £50 is nothing to you, then why don't you give £50 to the OP?
    Originally posted by pinkshoes
    Taking court action for relatively small amounts needs to be thought out. 'Winning' a claim does not automatically get you the money. It can be throwing good money after bad paying to open a claim if the person is unwilling or unable to pay up.

    The OP should certainly send a postage label to their buyer and hope they post it back. If not they can threaten to open a MCOL claim if they don't get it back and hope that works. Whether they actually pay out to start a claim needs to be carefully considered.
    • FatVonD
    • By FatVonD 9th Jul 17, 1:41 PM
    • 4,940 Posts
    • 19,565 Thanks
    FatVonD
    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 £5 a day in November £8.09/£150 (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)
    • theonlywayisup
    • By theonlywayisup 9th Jul 17, 1:55 PM
    • 11,174 Posts
    • 7,485 Thanks
    theonlywayisup
    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.
    Originally posted by FatVonD
    I'm not sure why you think that.
    • Marcon
    • By Marcon 9th Jul 17, 5:01 PM
    • 181 Posts
    • 100 Thanks
    Marcon
    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?
    Originally posted by pinkshoes
    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.
    Last edited by Marcon; 09-07-2017 at 5:11 PM.
    • soolin
    • By soolin 9th Jul 17, 5:25 PM
    • 59,445 Posts
    • 42,162 Thanks
    soolin
    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.
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I volunteer to help get your forum questions answered and keep the forum running smoothly. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
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    • angryparcel
    • By angryparcel 9th Jul 17, 5:27 PM
    • 910 Posts
    • 520 Thanks
    angryparcel
    send a lette before action threatening court action for the cost of the item and the postage label
    Originally posted by pinkshoes
    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
    • By shaun from Africa 9th Jul 17, 5:55 PM
    • 9,579 Posts
    • 10,743 Thanks
    shaun from Africa
    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.
    Originally posted by angryparcel
    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.
    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.
    Originally posted by freddie
    Last edited by shaun from Africa; 09-07-2017 at 5:57 PM.
    • Marcon
    • By Marcon 9th Jul 17, 6:13 PM
    • 181 Posts
    • 100 Thanks
    Marcon
    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.
    Originally posted by shaun from Africa
    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.
    • shaun from Africa
    • By shaun from Africa 9th Jul 17, 6:22 PM
    • 9,579 Posts
    • 10,743 Thanks
    shaun from Africa
    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.
    Originally posted by Marcon
    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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