Sent Item To Wrong Address

iCraig · 18 Jul 2007 at 12:48

Hyper said:
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

Is there anyway I can get his phone number?

Not a smart thing to do. If he's telling the truth you've just accused him of lying and he'll get annoyed. If he's lying, well, won't you need to prove it in order to do anything? Either way you're burning your bridges.

MeatLoaf · 18 Jul 2007 at 13:06

If it was sent RMSD then it would have had the return address on the package.

He, at least owes you £60 in my opinion.

"andy" · 18 Jul 2007 at 13:13

MeatLoaf said:
If it was sent RMSD then it would have had the return address on the package.

He, at least owes you £60 in my opinion.

same opinion here

if hes as decent as hes trying to make himself sound by making up that story then hed send you back the money he gained from it IMO

Breeze · 18 Jul 2007 at 13:17

Hyper said:
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

Is there anyway I can get his phone number?

You have sold him an item before so just use the "Find Contact Information" on ebay. That will give you his number etc.

Phone royal mail aswell to make sure he is allowed to keep the item if its wrongly addressed. Royal Mail close early on Saturdays (when he said he rang them) and a hard enough to get hold of on weekdays. Its very unlikely that he actually spoke to them on the phone.

Mention to the bloke you had your return address on the box aswell, so he could have easily got hold of you.

stoofa · 18 Jul 2007 at 13:27

Morally he's totally in the wrong - there is no doubt about it.
From a personal point of view if I ever receive anything I'm not expecting I tend to keep hold of it for a while and wait to see if it is claimed.

Legally however, what with it being addressed to him it can just be classed as unsolicited goods and he can do with it what he pleases.

You'd only have any kind of claim if RM had sent it to the wrong address.

http://www.dti.gov.uk/consumers/buying-selling/unsolicited/index.html

Adz · 18 Jul 2007 at 13:27

He most certainly doesn't have any rights to the item as it was clearly delivered by mistake and you've requested it back.

He's simply being greedy - greed is a powerful feeling. He doesn't want to let go of the card/money as he feels that you're no threat to him.

The website you want is www.moneyclaim.gov.uk. In my experience, once court papers arrive on their doorstep, people are a lot more co-operative.

Going to his house and threatening him is a very bad idea and could get you in a lot more trouble than he's in. Don't do this.

stoofa · 18 Jul 2007 at 13:30

Adz said:
He most certainly doesn't have any rights to the item as it was clearly delivered by mistake and you've requested it back.

If I may just use this link again:

http://www.dti.gov.uk/consumers/buying-selling/unsolicited/index.html

You'll see that he does have rights to the item.

Adz · 18 Jul 2007 at 13:35

stoofa said:
If I may just use this link again:

http://www.dti.gov.uk/consumers/buying-selling/unsolicited/index.html

You'll see that he does have rights to the item.

Hmm. My mistake then

.

I'm not sure if that applies to private individuals though. The OP never intended to sell the item to the person who received it. I'd have thought a similar law applied as to unsolicited money transfers.

I'd put the small claims action through anyone. Most likely when he sees the court papers he'll panic and send it straight back.

Edit: How about this then? Same scenario but the police are treating it as lost property. The recipient doesn't have any automatic right to it.

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:

Dave M · 18 Jul 2007 at 13:45

step 1. Refund your buyer
step 2 send a recorded letter to this chappy reuiring he make the mis-sent product available for collection or if he really has sold it to make proper financial redress - I'd say the price you sold it for would constitute commercial value.
step 3 if he ignores you or fobs you off, file a claim on MCOL (money claim online), small claims basically.

These aren't unsolicited goods, he bought something off you and you made a mistake. He has an obligation to inform you of your mistake and make the goods available for collection in a reasonable fashion.

helmet · 18 Jul 2007 at 14:08

Your not flogging PS2's as well are you?

http://forums.overclockers.co.uk/showthread.php?t=17755884

Nemesis · 18 Jul 2007 at 14:24

Here is what you do it works everytime, step one refund the person who paid you for the card so that person don't suffer from your mistake, step two cut your losses and move on.

Breeze · 18 Jul 2007 at 14:27

Hyper said:
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

Hit "Advanced search" near the main search button. The look on the left hand menu for "Find contact information".

_Jimlad_ · 18 Jul 2007 at 14:33

that sucks, i would pay him a visit and punch him

ONESHOTKILL · 18 Jul 2007 at 14:36

if he deals with pc parts all the time why would he take that card to a bootsale and sell it,and i cannot see royal mail saying just keep the item,it could have been a mistake by royal mail so they would ask to check the returns details ect.

"andy" · 18 Jul 2007 at 14:43

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

go to myebay where you dealt with him before (won or sold ) and select "view order details" in the drop down menu next to his name

div0 · 18 Jul 2007 at 14:47

Like most people are saying, I'd suspect that he's lying about giving the card to his mate and selling it at a bootsale.

But as someone already said, you've probably just shot yourself in the foot by accusing him of this.

You might have been better off saying that you'd be happy for him and his mate to keep £10 each, if they sent you the remaining £100 they made from selling the card.

At least that way, you'd be "fairly" likely to get £100 back, and cut your losses. You're now going to struggle to get anything out of him, as far as I can tell.

Good luck though

Ripper · 18 Jul 2007 at 14:50

Wow what a balls up. To be fair as much as they wouldn't like to admit it, a lot of people would have done the same. Treat it as a lesson learnt

krisboats · 18 Jul 2007 at 15:05

Just asked my mate from the RM sorting office, if he rang up royal mail and said he'd received a parcel he wasn't supposed to they wouldn't tell him there and then he could keep it. They would want to know the postage details, any tracking numbers and the return address so they could investigate and make sure it wasn't a mistake on their behalf. Which, as you can guess with RM's reputation, won't happen while the guy is still on the phone.

norm · 18 Jul 2007 at 15:20

MeatLoaf said:
If it was sent RMSD then it would have had the return address on the package.

Precisely. If this 'Matt' guy in any way wanted to return the item, he could have done so easily.

I say bring the law on your side. He'll soon back down.