Sent Item To Wrong Address

Hyper · 17 Jul 2007 at 23:47

Hey all,

I sold my Sapphire X1900XTX 512mb graphics card on that well known auction site last week, I sent it last week via Royal Mail Special Delivery and it cost me £7.75.

Now this is where it all goes horribly wrong, I received an e-mail tonight saying:

Hi Sam,
I have not received the item yet, I have checked the Royal Mail website and it states the item has been delivered and signed by someone called Matthew ???.
No idea who he may be, can you chek your end that the delivery address is correct.

At first I thought this person must be a scammer because it clearly states on the royal mail website it had been delivered and I thought nothing more of it.

So I replied asking him to check with all his neighbors as it is more than likely that one of them have signed for it and not brought it round for him.

I then got a reply saying:

Thanks Sam,
none of my neighbours are called Matthew, but I will check in the morning and let you know.

Now at this point I began to get a bit worried and started to look for my Royal Mail reciept. I finally found it and checked the address and to my horror I noticed I had infact sent the item to a person called Matthew. So I check in my paypal history and I should have sent it to someone called David and after a little bit more checking I find Matthew to be the person I sold another item to earlier that week for £13.

So this Matthew person has got quite a bargain at £13 :eek:

Anyway I quickly sent off an e-mail to Matthew explaining the whole situation and gave him the Davids address and told him I would send him some cash via paypal if he would be willing to send the card off asap.

I havent had a reply yet from Matthew but I have informed David of the stupid mistake I have done.

What are the chances of me getting this card to David keeping in mind that Matthews feedback is 143 with 98% positive but feedback doesnt really matter because I have already left him feedback for the item I sold him earlier that week.

My only hope is that he goes along with it and sends the item off to David and I cut my losses and pay postage to Matthew. But if the worst comes to the worst I have Matthews address.

I will never know how on earth I have managed to do this but I know one thing for sure, I will never do it again :mad:

Hyper · 18 Jul 2007 at 02:04

ONESHOTKILL said:
what i would do is say if he can post it on to the correct person or make sumthing up like your brother might be able to pick the parcel up,that way he will be scared to keep it knowing sumone could knock on his door wanting the card back.

I will do mate, I just hope it doesnt get to that stage and he offers to send it off straight away.

Will keep you all updated anyway

Hyper · 18 Jul 2007 at 12:16

It goes from bad to worse, I got this reply today:

HI Sam,

Hate to be the bearer of bad news - I have a lot of parcels which arrive daily - this one was attempted delivery friday - i went to pick up on saturday - i was expecting it to be something else -anyways when opened there were no details of who it was from or anything like that - there was an invoice which i checked my paypal for however no details matched up - i rang royal mail to see where i stood with this and they advised as it was addressed to me i was the legal owner and could keep it, as i use the computers here at work I had no need for it & based on this and the fact there were no details of who it was from i gave it to my mate to sell at the car boot which we split the 60 quid made 50/50.

I send my apologies for this, but unfortunatley this means I can not assist with the below, Massive apologies, if I had recieved this mail before sunday I would have assisted.

Once again massive apologies.

Matt

Where do I stand because surely he should have returned it to the return address.

Hyper · 18 Jul 2007 at 12:33

Leeds isnt to far from me, I might pay him a visit unless anyone else wants to

Hyper · 18 Jul 2007 at 12:44

I have sent him an e-mail explaining he either stops lying and sends the card onto the original buyer or refunds me the £60 he suposidly sold it on for (of course he is lying because he would have stuck it back on the auction site since he is a frequent user on there).

Will see what I get back, well this has spoiled my day :mad:

Is there anyway I can get his phone number?

Hyper · 18 Jul 2007 at 13:38

Before I go any further I am going to try and get his phone number.

As for getting his contact details through ebay, I cant see where you do that :confused:

Hyper · 18 Jul 2007 at 16:10

Just informed Ebay with the situation to see what their view is on it.

I also spoke to Barclays legal advise and they said that Matthew is fully responsible for either returning the item to me or paying the full value of what the item was sold for. They told me to first of all send him a formal letter explaining what I plan on doing and if I still dont get a reply to take it to the small claims court where it will probably cost around £30 to £40 initially but it will probably all go in my favor.

Hyper · 18 Jul 2007 at 16:15

I got a good price, the reason I put it on ebay.

I sold it for £120 + £10 postage.

Hyper · 18 Jul 2007 at 16:53

I offered him £10 to send it onto the original buyer which I thought was fair as it cost me £7.70 to send by Special Delivery originally.

Hyper · 18 Jul 2007 at 18:52

Thanks a lot for that Adz, I will send him a letter by 1st class recorded tomorrow and will keep you all updated if I hear anything back. If not it will be taken into the hands of the small courts.

Hyper · 18 Jul 2007 at 22:58

Thanks for the support lads, I have printed off a copy of both letters and have gave them to my Dad to let him choose which one to send off as it will be him who is going ahead with the court claim if it gets that far.

And don't worry I will keep you all updated but I wont let this drop until I get what I deserve.

Hyper · 18 Jul 2007 at 23:12

He has just sent me an e-mail with this link in basically to prove how he thinks he is covered.

http://en.wikipedia.org/wiki/Unsolicited_Goods

Hmmmm....

Hyper · 18 Jul 2007 at 23:15

Adz said:
Doesn't apply IMO. You're a private individual, it was a genuine mistake (he bought an item from you, you sent the wrong one) and you've informed him of these facts.

I see,

How about getting the police involved, surely if they turned up on his door step he wouldn't be so cocky :confused:

Hyper · 18 Jul 2007 at 23:37

The latest reply from him:

As you have confirmed you don't want the 30 pounds which I offered - which according to the above i didn't have to, i now consider this matter closed

I would reccomend seeking better legal advice in future, the free services provided by credit cards and home insurance, banks etc, they are normally untrained and unqualified people who don't know little if any detail quoted in legislation, as such they can end up costing you money and time, i know as i have been there and done that.

Please don't make any calls on my work number (which was called 3 times today), all calls are recorded on this number (as stated on the calls today) failure to comply with this request may lead to me filing a harrasment, and based on what has been posted on the web site link you sent, possibly a slander suit, if you do see fit to contact me regarding the above matter please ensure it is only by e-mail.

Alternatley you can contact my current, contact details available:
http://www.cordnerlewis.co.uk/

I now consider the matter closed with no monies payable by myself.

Thanks

Mr M Green

What do you think

Hyper · 18 Jul 2007 at 23:42

I will leave the e-mails for the minute and wait for my letter to arrive and then see how he responds.

I don't think he realizes every step of this is being posted on a forum viewed by thousands each day :rolleyes:

Hyper · 18 Jul 2007 at 23:48

Even though I didn't respond to his last e-mail I have just received another.

This will be my last mail on this.

it actually applies to, and i quote

"a supplier and a consumer"

you the supplier - me the recipient (consumer) of the unsolicited goods.

Please feel free to send a court summons as I have already recearched and found examples of case law where this type of situation has occoured and on all occasions been found in favour of the recipient, as you are no doubt aware - case law stipulates that if a case of the same nature is raised it must be handled the same way as a previous case - its what all the top lawyers use - hence why they are so expensive.

Apologies we couldn't reach a satisfactory agreement

Regards

Mr M Green

I feel he is getting desperate now that he knows he cant fob me off that easily.

Hyper · 18 Jul 2007 at 23:56

paul_64l said:
"Read the exemptions:

These Regulations do not apply to contracts:

* involving the sale or other disposition of land.[17]
* concluded by automated vending machine.[18]
* concluded with a telephone operator by public payphone.[19]
* via auction.[20]"

That sounds interesting, as for all the people saying "get a solicitor etc etc, I will be if I don't get a reply from the letter I am sending tomorrow.

Hyper · 19 Jul 2007 at 00:41

wesley said:
1) you sold and sent an item to "matthew" few weeks ago
2) you sold an item (gfx card) to "david" but sent it to "matthew" ?(

Yes thats what has happend.

Hyper · 19 Jul 2007 at 10:23

Morning lads,

This topic seems to have caused a bit of a stir, just keep it clean as I dont want it getting locked.

I sent off a letter this morning via Royal Mail 1st Class Recorded so he should receive it tomorrow and he has 14 days from when he receives it to either return the item or pay up the full amount it was sold for on ebay.

If not, off to the small claims court I go

Will keep you all updated

Hyper · 19 Jul 2007 at 10:28

Ahh well, thats what I was recommend to do by a lot of people including a Barclays adviser so I will let you know if I am £5000 down anytime soon