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.
My first piece of advice is to think long and hard about how far you are really willing to go. God forbid, but if you lose the case, you will regret rejecting this opportunity. Here is your chance to cut your losses and to move on. On the other hand, you are effectively losing 50% of the value of your graphics card simply due to his deceitful and immoral behaviour. He has wasted your time and messed you about. So give it some thought because only you can decide how far you wish to take this. (If I was personally in your shoes, I would not accept anything less than £100. Again, this is my opinion only.)
Choice 1: If you wish to take this further
We now have to consider the law on offer and acceptance. These principles are derived from contract law but I cannot see any reason why they do not apply to settlement offers. Let’s start with a time frame.
1) Your original request of £60 constitutes a settlement offer (post #20).
2) Mr Green rejects your offer, and counter-offers £30 (post #82). This operates to legally bring your original offer to an end (see Hyde v Wrench).
3) You reject this and send him a written letter in which you request the market value of your item - £120 (post #138).
4) He receives letter and sends you an email counter-offering £55 (post #253).
5) You do not reply (therefore you have not accepted anything)
6) He now proceeds to accept your opening settlement offer of £60 (post #20) and refunds you.
Was he allowed to do that? No. Your original settlement offer of £60 was automatically terminated when he counter-offered £30. He cannot accept an offer which no longer exists, nor are you bound by your original offer any longer (again, Hyde v Wrench).
So what should you do now? Send him a polite email explaining the following:
-State that he is not legally allowed to accept an offer which no longer exists. The original offer of £60 was terminated when he counter-offered £30. Once terminated, it cannot subsequently be accepted.
-State that you are returning his £60 due to the fact that no legal agreement has been reached as of yet.
-Restate your own settlement terms: refund of market value or return of item.
Choice 2: If you wish to settle.
Just keep the money.
So think about what you want to do and how far you are willing to go.
and what excuses would he have to decline if your asking politely? go at a weekend or a weekday evening too when hes more likely to have family / wife / kids around, as hes much less likely to be awkward and want to get into a huge argument on his doorstep.
