Sent Item To Wrong Address

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I hope this Mr Green realises when he reads the thread this morning that if this goes to court he may very well have to get his friend to testify that they did indeed sell it at a car boot sale, which of course they didn't, and thereby he will be asking his friend to commit perjury. How confident do you think you are that you will be able to coach your mate into responding to questions to which he will have to lie? I wouldn't be surprised that he miraculously manages to track down the "bloke" who "bought" the card at the "car" "boot" "sale", and offers to send it back to you intact, once he realises how far his initially simple plan has to go. They made a film about this btw, called A Simple Plan, the bloke ends up shooting his mate. Could happen.
 
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Hyper said:
Had another reply from him tonight saying...
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If Mr M Green is so sure of his position why does he keep sending you e-mails trying to justify it?

The easiest thing he could do, both morally and legally, is to send the graphics card back to you. It will save him a great deal of inconvenience and expense.
 
Hyper said:
Should I reply or not :confused:
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Actually Gog has given you sound advice - out of court settlement is always encouraged.

So, if he sends you an email which contains a settlement offer, reply to it to illustrate your attempt to settle out of court. If he sends you an email which does not contain a settlement offer, there is no need to reply to it.

Here's how I would reply to his settlement offers

-Be polite and thank him for his offer
-However, state that you are declining his offer because it does not represent the market value of the graphics card
-Restate that you are willing to accept the market value (£xxx) or return of the item as full and final settlement
-Time is of the essence. If a satisfactory agreement is not reached within the 14 days stated, you have no alternative but to initiate court proceedings.

Remember, be polite to him at all times. Keep the email concise and to the point. Only discuss settlement terms, do not argue with him about the unsolicited goods legislation - leave that until the court stage.

Also, on the 7th day, send him another email restating your settlement terms and see what he has to say. This demonstrates your attempt to settle out of court. If his offer is unsatisfactory, politely decline it.

If you do all of the above, you are protected from any claim that you were unwilling to settle out of court.

Other than that, there is no need to contact him again.

Edit: toosepin, thanks for your kind words. :)
 
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As above ^^^

Do not get into an argument with him over emails as he'll most likely turn up with them all printed out nicely and try to use them against you if it does get to the small claims court.

Stay precise and do not under any circumstances get into an argument. Repeat your requests politely if you feel you must or just do not reply at all.
 
FunkyT said:
Does Explicit have a legal background?
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I would guess yes:

Explicit said:
This is an earlier quote from one of your emails. It speaks volumes about your legal knowledge. I suggest that you consult a real solicitor because you will, in due course, need to prepare a defence to this case. And don't ask me either! ;)
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If you are reading Mr Green, you've tried your luck and Hyper isn't going to go away like you hoped he would, so how about doing the decent thing now and returning his property, he has offered to cover your postal expenses.
 
dbmzk1 said:
I still don't see how this can be anything but unsolicited mail.
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Because, upon further reading, as far as I can see the unsolicited goods mentioned in the act are the kind whereby a rather annoying company sends a few thousand people some piece of crap they don't want. Then, a week later a letter appears demanding payment or return of the goods. Thus the law was implemented so that should such goods arrive, then they are just yours, that way these companies cannot operate.

When you recieve a package from someone you bought something off a week ago (that has a senders address on it, as far as i am aware all RMSD does) it's fairly obvious this is likely a case of mistaken addressing or delivery, not unsolicted goods.
 
divine_madness said:
Because, upon further reading, as far as I can see the unsolicited goods mentioned in the act are the kind whereby a rather annoying company sends a few thousand people some piece of crap they don't want. Then, a week later a letter appears demanding payment or return of the goods. Thus the law was implemented so that should such goods arrive, then they are just yours, that way these companies cannot operate.

When you recieve a package from someone you bought something off a week ago (that has a senders address on it, as far as i am aware all RMSD does) it's fairly obvious this is likely a case of mistaken addressing or delivery, not unsolicted goods.
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And as stated in the Act there needs to be intention. The OP has ample evidence of no intention - A buyer for the card, the fact he has previously sent an item to the man in question, emails to the man in question stating he has made an error and so on.
 
If Mr Green is indeed reading, it wouldn't take Sherlock Holmes to realise who pointed him in the direction of this thread. Maybe the same lowlife who was laughing at Hyper's original mistake?

I hope you get your money back Hyper, it's a shame how dishonest people are these days.
 
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Well he has sent me yet another reply this morning even though I didnt reply back to him, he is getting desperate in my eyes.

Hello,

After taking advice I have been advised that as I have already offered you the 55 I should just offer you the original 60 pounds you requested for your mistake.

I have now transfered 60 pounds to your paypal account - this is what you have requested in your mail(attached).

Apologies around the delay in raising funds.

Kind regards

Mr Green
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The e-mail he attached was one of the first ones I sent to him before he came with all his lies when I requested the £60 back, now that it has gone on so long and he denied me of it at first I am not willing to accept that ammount. He sent me £60 via paypal without asking me first, should I refund it and explain I either want the full ammount as stated in the letter or a return of the card.
 
Hyper said:
Well he has sent me yet another reply this morning even though I didnt reply back to him, he is getting desperate in my eyes.



The e-mail he attached was one of the first ones I sent to him before he came with all his lies when I requested the £60 back, now that it has gone on so long and he denied me of it at first I am not willing to accept that ammount. He sent me £60 via paypal without asking me first, should I refund it and explain I either want the full ammount as stated in the letter or a return of the card.
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If it were me, I would insist on having the full amount paid by cheque.

Can you say chargeback and Paypal? ;)
 
After taking advice I have been advised that as I have already offered you the 55 I should just offer you the original 60 pounds you requested for your mistake.

I have now transfered 60 pounds to your paypal account - this is what you have requested in your mail(attached).
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Did you request only £60? Can we see the attached part?

Or is he just waving £60 in front of you in hope you accept it?

edit: so you did only request £60? it wasn't his to sell in the first place if what Explicit says is correct, so he has effectively sold your property without your consent for only half its value and left you £60 out of pocket... why did you request only the £60? because you were originally led to believe he had a case?
 
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Hyper did request £60 in the beginning if I remember correctly. If it were me, I'd refund it and insist upon the full amount. Stating that if he had done this in the beginning, you'd have been more than happy to accept it, but he's arsed you around so much that you want the full amount.

But wait for someone that knows a bit more to comment.
 
Can I just add this.

I'm sure I saw a case recently where a woman had a rather large sum of money put into her bank account through error. She then went on a shopping spree with it.

What happened when the bank realised? They took it back (or rather what was left). As she had spent a load of it, she now has debt collectors all over her and the bank drawing up legal proceedings.

Surely if this guy had a right to just sell the said item, then conversely the bank in my example above would have no right to just reclaim the money?

Push this guy HARD Hyper. You deserve that item back, and make sure you either get it or the full value (so you can refund the other buyer).

And make sure you let Ebay know what kind of scum this guy is. Whether it's legal or not, selling an item like that that another genuine buyer has honestly sent to you in mistake is callous, spiteful, and just plain nasty.
I certainly wouldn't trust him in an Ebay transaction if he's this selfish.

Anyway, keep us informed mate. :)
 
Keep the money, and just reply stating what you said earlier, that you want either the full amount (ie another £60 + paypal fee's), or you want the card returned and then you'll return his £60. Say that this has to be done in the 14 days deadline you set. He's obviously gonna give up eventually, if he was so sure about anything he wouldn't have give you £60.
 
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