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What would you do? Legally/morally?
hfdka
Posts: 49 Forumite
Hi guys,
This is an advice request but also a bit of a moral conundrum!
I bought a tablet off ebay pre Xmas, long story short it was faulty but seller ignored all messages until ebay got involved and refunded the money. It was really awful as it was my son's Xmas present, and I just couldn't get any response from them.
They are a large business seller but reading the feedback left recently they've got a bit too big and don't have a scooby what their doing. Their feedback is full of complaints about late or missed deliveries, faulty items sent, wrong items sent etc.....
I subsequently bought a tablet elsewhere and there it would have ended except another tablet has arrived from the seller today. No note to explain it, I've checked ebay and PayPal and have received no messages from them (and importantly no £ has been taken)
Firstly where do I stand legally? Do I need to notify them and return it? Secondly, morally what would you do? Part of me feels its karma but is that just an excuse to nick something?
This is an advice request but also a bit of a moral conundrum!
I bought a tablet off ebay pre Xmas, long story short it was faulty but seller ignored all messages until ebay got involved and refunded the money. It was really awful as it was my son's Xmas present, and I just couldn't get any response from them.
They are a large business seller but reading the feedback left recently they've got a bit too big and don't have a scooby what their doing. Their feedback is full of complaints about late or missed deliveries, faulty items sent, wrong items sent etc.....
I subsequently bought a tablet elsewhere and there it would have ended except another tablet has arrived from the seller today. No note to explain it, I've checked ebay and PayPal and have received no messages from them (and importantly no £ has been taken)
Firstly where do I stand legally? Do I need to notify them and return it? Secondly, morally what would you do? Part of me feels its karma but is that just an excuse to nick something?
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Comments
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I think it is a bit of a stretch to argue it is a case of unsolicited goods (which would legally make it an unconditional gift) given the history to the case. It sounds like as you say that left hand and right hand arent fully joined up and so when the faulty item was received back they sent out a replacement item without noticing that it has been forcibly refunded
Personally I would inform them and tell them to send a prepaid return envelope for me to return it to them at no cost for me.0 -
InsideInsurance wrote: »
Personally I would inform them and tell them to send a prepaid return envelope for me to return it to them at no cost for me.
This.
Two wrongs don't make a right and all that.0 -
Legally, it is not your property and has been sent in error, so you have not notify them of their error, and arrange for it to be collected at YOUR convenience (i.e. you shouldn't be out of pocket or inconvenienced).
Suggest that they send money for it to be returned special delivery. Or a courier at a weekend when you can be at home.
Once you have made a reasonable effort to let them know of their mistake and for it to be collected, then you have to just hold on to it for 6 months or so!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!)0 -
I would tell them. If Paypal are involved they can easily take the money from your account.
Better to get it sorted than suddenly find yourself short of money.Accept your past without regret, handle your present with confidence and face your future without fear0 -
I would have refused delivery.0
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Auntie-Dolly wrote: »I would have refused delivery.
All well and good if you know what is in the parcel, but as it was unexpected and presuming OP has other parcels delivered occasionally she'd probably have to be psychic to know what was in it
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Thanks all have ever mailed them now.0
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peachyprice wrote: »I would tell them. If Paypal are involved they can easily take the money from your account.
The seller cannot and PayPal are unlikely to.0 -
id have kept it, maybe I have no morals0
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I'd keep it, but don't sell it. If they ask for it back, send it back immediately. If not... Well they should keep better track...0
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