Sent Item To Wrong Address

[div0]

This thread is living up to its earlier promise

Now all we need is for it to come to the right conclusion. It'll be sweet if you eventually get the full refund - a true justice!

Unfortuantely these threads tend to end up with an ammicable agreement where both sides conceed something. But what we want now is for you to take him to the cleaners

(^^^ That would be ideal, but if he does make you a good offer, then remember that proceeding with a small claim court case isn't trivial. Although it isn't overly complicated either. If he offers you something that you feel is fair, then it might be worth accepting. But let us know how things go from here!)

 

[Darg]

Ah the cracks are starting to show. Good work. Tally Ho!

 

[mmj_uk]

Stand firm mate, don't take the £55 just re-enforce that he has 14 days to return your property or compensate for its value else you will take it further.

I'd expect the last thing he wants is having this hanging over his head for the next 2-4wk or however long it takes, especially as by the sounds of it you have every chance of winning.

Stay strong and he'll probably back down and you'll likely get him telling you 'his friend' bought the card back and he'll return it or some other **** and bull story.

Best of luck.

 

[Ripper]

Excellent, he'll definately back down. You can tell from the way he worded that mail that he's a little worried and realises that he's in the wrong. Stick at it mate

 

[molar]

No need to contact him again. You said everything that needs to be said in your letter. Just wait the 14 days and issue your proceedings.

 

[Guru]

I'm not even going to bother replying anymore until I've got this phone call from Trading Standards.

13 Benjarghmin posts later:

I give up. I'll post one more time.

post 15:

I'm still waiting to be proven wrong by Trading Standards.

I lool'd

Roll on trading standards reply

Good luck op!!! Really hope you get sorted!

G

 

[JKD]

I work for a legal firm, although I am not a lawyer. I spoke to two litigators and explained your predicament. He'll try and argue the Unsolicited Goods & Services angle, but will fail as for that angle to work you must have intended to gift the goods without payment (which you obviously did not). They both came to the conclusion that it's theft.

Just keep at it - you need to get the card back, the full price of the card back or go at him legally.

 

[SaBBz]

At first I would have happily taken that from him but now with all his lies etc I am not too sure.

From that reply he sounds like a child - his friend still happened to have the £25, it's not a huge amount to get off him even if he'd spent the original £30 is it?

 

[Nebzor]

I lool'd

Roll on trading standards reply

Good luck op!!! Really hope you get sorted!

G

I continued to post because I decided that people were completely misinterpreting my intentions. Get over it.

I'm guessing you got a little too absorbed, judging by your desperation for me to be proved wrong? That or you think I knew I was right, which I made clear I took no sided view.

Ta-ta, darling.

 

[beh]

Nothing worthy to add myself but just to echo what others have said, some good posts from Explicit. And good luck to the OP

 

[Hessian]

I have just read every post in this thread, and I'm completely knackered now. Even though it has nothing to do with me I'm quite eager to see how the story ends and pretty excited by the whole thought

After reading everything everyone has said I also believe that you are within your rights to continue this further. I don't agree with you sending the letter though, I believe you should have consulted a solicitor or the CAB first and got them to write an appropriate letter.

Reading all the replies that you have got from the receiver, he definitely does seem like someone of a young age, such as when he said something along the lines of "its what all top lawyers use" just seems very immature and as mentioned before the way he stated he managed to get some of the money from his friend, as if he saved it just before he went to spend it on sweeties. He does seem to be backing down, the original offer was nothing and then £30 and now £55, so you're getting somewhere.

Keep at it. We're all behind you and supporting.

 

[seaviewuk]

I hope everything turns out satisfactorily for all parties concerned, but I have a couple of questions.

1: If it got as far as small claims court how could 'hyper' prove that the graphics card that he described in the opening post was actually in the parcel and not some cheap crappy card that 'Matthew' might claim that he received?

3: (my number two key is busted ) Has 'David' the original auction winner been refunded yet?

 

[Legoman]

I wouldn't reply to his e-mail. You've stated what you want and don't need to add anything. A lack of response from you will keep him guessing and just add to the pressure that he's obviously feeling.

He is clearly making it up as he goes along and now trying to negotiate his way out of it. He is also trying to bluff by saying he'll give the £55 back to his "friend" if you don't claim it.

I note with interest that he is no longer quoting the Unsolicted Goods Act. Perhaps he has realised that it doesn't apply to this situation.

It's great to see the number of supportive messages you are getting from the posters to this thread

 

[norm]

This would be monumental if it did reach court and the defendant ends up losing and paying a ridiculous bill. We can only hope.

 

[Spinal2k2]

i cant understand that he

1) Received it on Saturday by collecting it from the delivery office - got home opened it, then he's not sure who it is from.

2) He rang RM to ask them which they told him because he wasnt sure who it was from it was his to keep (yeah as if - at the min RM would proberly do check to make sure it was delivered to the correct address etc and track it since it was a special delivery item (that aint going to take the Delivery office 5 mins to check)

3) He sold it on Sunday

He is as others have said lieing - you wouldnt recieve something in the post - think

"oh whats this, where has it come from, i'll ring the delivery office to see what they say"

que him say RM said its his to keep

"Oh well instead of even checking who it might be from (even though it been a special delivey item it will have a return address on the package) i'll not bother contacting them i'll sell it at the car boot sale tommorow"

unsolicited or not you wouldnt receive an item one day then sell it the next without atleast taking a few days to check who it came from.

The person who received it - how could he after just 1 DAY say it was unsolicited goods.

It could be for example an incorrectly delivered item, something someone else in his house bought. etc etc

 

[Vanilla]

I wouldn't reply to his e-mail. You've stated what you want and don't need to add anything. A lack of response from you will keep him guessing and just add to the pressure that he's obviously feeling.

As above.

No more communication.

Next step small claims. Can be done online, he can be forced to pay the fees.

Don't accept anything less than the realistic value.

 

[Explicit]

He must have received the letter this morning because I recieved this e-mail from him:

HI Sam,

As previously confirmed I do consider this matter closed, however I made an agreement with the 2nd caller that next time I saw my friend I would see if he still has the money, amazingly he still has some of it - although I am not legally obligated to do so I feel it is the right thing to do and also I am a man of my word - I now have 55 pounds of the original 60 which I can make available to yourself - please let me know wether you would like this - as if not i would like to return the money to my friend ASAP.

Regards

Mr M Green

At first I would have happily taken that from him but now with all his lies etc I am not too sure.

Nice to see some progress, but that's still not enough.

As already stated, do not reply to his emails from now onwards unless he offers a full refund. Everything you need to say has been said. Start court proceedings after 14 days.

Stick to your guns, you have my full support.

Keep us updated.

 

[JKD]

Stop messing about with the CAB etc. Get some proper legal advise , (you can get it for free at some legal clinics) who'll confirm what I found out above. Then I bet a quick solicitors letter will getting this guy panicking and get your money back.

Don't send him any more letters, communications etc until you send a proper legal document, you'll end up shooting yourself in the foot as you seem to have made him offer, counter offer etc. Do it properly and legally.

 

[Gog]

I would advise that you do reply to his email, rejecting his offer and restating your settlement terms; whether that be the return of the card or it's value. You should also give a a "reasonable" time to respond. State that should this not be acceptable to him or should the desired quantum not be forthcoming within the next x days, then you will have no recourse but to commence proceedings.

The Court will expect to see that attempts have been made to settle without recourse to litigation, and if it is not satisfied that such attempts have been made then this could go against you.

I regularly deal with compensation claims against the government (albeit with the assistance of the Treasury Solicitor), and although this is usally dealt with by higher Courts, the premise is the same - it is expected that reasonable attempts have been made to settle out of Court. I can't imagine it would be much different at County Court level.

 

[Legoman]

I would advise that you do reply to his email, rejecting his offer and restating your settlement terms; whether that be the return of the card or it's value. You should also give a a "reasonable" time to respond. State that should this not be acceptable to him or should the desired quantum not be forthcoming within the next x days, then you will have no recourse but to commence proceedings.

The Court will expect to see that attempts have been made to settle without recourse to litigation, and if it is not satisfied that such attempts have been made then this could go against you.

I regularly deal with compensation claims against the government (albeit with the assistance of the Treasury Solicitor), and although this is usally dealt with by higher Courts, the premise is the same - it is expected that reasonable attempts have been made to settle out of Court. I can't imagine it would be much different at County Court level.

The OP has already sent a letter and requested the recipient return the item within 14 days - a "reasonable" time frame.

As far as we know he has not threatened any legal action.