Problem getting damaged goods back

iyhr

A buyer contacted us 3 months after buying an item on ebay to say it was damaged. It was not damaged when we sent it but too late to claim from Royal Mail.  We spend hours trying to sort this out for her, even though we were not obliged to do so. We even liaised with her plumber for him to fit the part. Eventually, the Manufacturers agreed to supply the part free of charge.
As we had to go overseas due to the death of a friend, we arranged to have the part sent directly to her.
We did not hear anything from her (even though she had pestered us before this). Only on our
return did we discover she had been sent a brand new complete item (value £259.99) which includes 7 different useable parts, and that this has been put on our account.
She has ignored all our calls and texts. We spoke to the plumber who confirmed that he had not  changed any parts using the brand new one. Nor had he taken any of the other parts. Only when
we called using a different phone number did she answer. She denied having the parts saying the plumber had taken them!  When we told her we'd spoken to him and that he hadn't, she hung up.
We offered to pay for the return of the damaged item (6 parts are still usable and sellable)
All of this was done at her request.
Anyone clear about our legal position? Thanks

Miser1964

TBH, I think you'll need to write this off against tax. You could try a "letter before action" to see if that'll worry her into returning the item, but that's assuming the plumber hasn't indeed taken it!

ballisticbrian

"Only on our
return did we discover she had been sent a brand new complete item (value £259.99) which includes 7 different useable parts, and that this has been put on our account."

Something doesn't add up here. Are you sure *they* didn't call up the company and fraudulently put the kit on your account. You understood it to be free of charge.

iyhr

Thanks for replies. I am not a business so can't write it off. She couldn't have ordered it herself.
I spend hours sorting this out for her so find her behaviour despicable.
Is there a format for a 'letter before action'?

Miser1964

Send the letter signed for, and should include:

• your name and address
• a summary of what’s happened
• what you want the person to do about it
• how much money you want (if any!) and how you’ve calculated that amount
• a deadline for reply - usually 14 days
• that you’ll start court proceedings if you don’t get the goods returned

The last paragraph should be along the lines "If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice."

martindow

Miser1964 said:

Send the letter signed for, and should include:

• your name and address
• a summary of what’s happened
• what you want the person to do about it
• how much money you want (if any!) and how you’ve calculated that amount
• a deadline for reply - usually 14 days
• that you’ll start court proceedings if you don’t get the goods returned

The last paragraph should be along the lines "If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice."

It's better to send first class from a post office and get a free certificate of posting.  Courts will accept this as proof of delivery two working days later.  Signed for costs more, does not always update on RM's site and has the possibility that the recipient will refuse to accept delivery.