Sent Item To Wrong Address

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.

Matt-Page · 18 Jul 2007 at 18:59

Adz said:
I would send the following email then proceed straight to the small claims court...

Dear (his name),

I am extremely disappointed with the stance you have taken regarding my wrongly delivered graphics card. You are attempting to profit from my genuine and honest mistake.

I do not believe your claim that it did not occur to you to simply return to the item to the sender's address clearly labelled on the package. Therefore I can only assume that it was your intent to steal the item, "to steal" in the legal sense meaning "to permanently deprive".

I have attempted to reach a reasonable compromise with you but to no avail. You still seem intent on keeping the item for yourself. Therefore, I am demanding the immediate return of the graphics card following which I will reimburse the postage cost or, if you have indeed sold it, the full commercial value of the item which is £120.00 as this was the winning bid on my auction (number #########).

I will expect your cheque or the graphics card to be delivered to my home address within 5 working days. If this is not received, I will proceed immediately without further warning to the small claims court. You will then be required by law to reimburse me as well as paying all court fees.

Your actions are morally reprehensible. Fortunately people like you are in the minority; most people are decent, honest human beings who would do to others as they would wish to have done to them.

Sincerely,

Your name.

Nice. Very nice. Enclose some pooh for extra effect.

Legoman · 18 Jul 2007 at 22:42

Adz said:
I would send the following email then proceed straight to the small claims court...

Dear (his name),

I am extremely disappointed with the stance you have taken regarding my wrongly delivered graphics card. You are attempting to profit from my genuine and honest mistake.

I do not believe your claim that it did not occur to you to simply return to the item to the sender's address clearly labelled on the package. Therefore I can only assume that it was your intent to steal the item, "to steal" in the legal sense meaning "to permanently deprive".

I have attempted to reach a reasonable compromise with you but to no avail. You still seem intent on keeping the item for yourself. Therefore, I am demanding the immediate return of the graphics card following which I will reimburse the postage cost or, if you have indeed sold it, the full commercial value of the item which is £120.00 as this was the winning bid on my auction (number #########).

I will expect your cheque or the graphics card to be delivered to my home address within 5 working days. If this is not received, I will proceed immediately without further warning to the small claims court. You will then be required by law to reimburse me as well as paying all court fees.

Your actions are morally reprehensible. Fortunately people like you are in the minority; most people are decent, honest human beings who would do to others as they would wish to have done to them.

Sincerely,

Your name.

You would be using emotive language, making accusations and pre-empting any court decision. That won't look good in a small claims court.

I think you need to keep it simple, stick to the facts and also give him more time to return the graphics card.

I would write a letter:

Dear xxx,

I refer to the Sapphire X1900XTX 512mb graphics card that I sent to you by Royal Mail Special Delivery (ref. xxx) and was signed as collected by you on Saturday 14 July.

Unfortunately, I sent this item to you in error and therefore require you to return it me at my expense.

If the item is no longer in your possession then I require reimbursment of it's value which is £120.00

You have 14 days to return the item or £120.00 by cheque whereupon I will refund the postage cost.

Yours faithfully,

(Your name)

Send it recorded delivery. Don't threaten legal action - this is implied by the 14 day limit. Give him the opportunity to return first. If you hear nothing after 14 days then proceed with a small claim. Keep a copy of the letter to show the court. Retain and print the e-mail correspondence including SMTP headers.

I believe that legally he only needs to make the item available to you for collection and doesn't need to go through the inconvenience of posting it back to you.

Since you didn't intend for this to be an unsolicited gift then he is apparently committing theft by keeping it.

Adz · 18 Jul 2007 at 22:52

Legoman said:
You would be using emotive language, making accusations and pre-empting any court decision.

Yup. Yours is the proper letter to send but I'd still go with mine

.

I'd also suggest to him that you have his email correspondence and recorded telephone conversion (even if you don't) to prove your case. With the above, I doubt this would go to court. He's clearly not the sharpest tool in the box; he simply needs to know that the facade of the internet cannot shield him from this.

...or you could go round there and give him a smack in the chops as others have suggested but then you'll be the criminal and he'll most likely sue you for damages.

If you need any help with the small claim please, please, please post here. I'd hate to feel he got away with this. People like him are the embodiment of all that is wrong with society.

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.

dbmzk1 · 18 Jul 2007 at 23:07

It was your mistake you sent it to him, I don't see what legal claim you have on the item at all.

Under the Unsolicited Goods and Services Act 1971, (as amended) it is an offence to demand payment for goods known to be unsolicited, in other words, they were sent to a person without any prior request made by them or on their behalf.

Someone who receives goods in these circumstances may retain them as an unconditional gift, and does not have to pay for or return any unwanted goods. Anyone who receives a demand for payment for unsolicited goods should report the matter to their local Trading Standards Department.

It is in fact you that is being illegal here! By demanding money, your breaking the law.

If a graphics card randomly turned up on my doorstep I'd keep it too! At least I'm honest

Legoman · 18 Jul 2007 at 23:07

Adz said:
I'd also suggest to him that you have his email correspondence and recorded telephone conversion (even if you don't) to prove your case.

Don't reveal what you might rely on in court!

Adz said:
He's clearly not the sharpest tool in the box;

Had he not admitted to you that he sold the card then he could have claimed that the box was empty. Your word against his then.

barnettgs · 18 Jul 2007 at 23:10

dbmzk1 said:
It was your mistake you sent it to him, I don't see what legal claim you have on the item at all.

If a graphics card randomly turned up on my doorstep I'd keep it too! At least I'm honest

If a brand new car from your loan delivered to your neighbour's by dealer's mistake, is he/she legally entitled to keep it?

Adz · 18 Jul 2007 at 23:11

Legoman said:
Don't reveal what you might rely on in court!

What I know about law could be written on a postage stamp but why shouldn't you reveal it? It doesn't invalidate the information and he can't really counter it in any way. My aim would be to avoid the courts altogether and show this joker the error of his ways without resorting to violence or solicitors

.

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....

dbmzk1 · 18 Jul 2007 at 23:12

barnettgs said:
If a brand new car from your loan delivered to your neighbour's by dealer's mistake, is he/she legally entitled to keep it?

If it was posted through their letterbox then yes. Not sure about stuff left on the street. Probably not

Adz · 18 Jul 2007 at 23:14

Hyper said:
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....

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.

Legoman · 18 Jul 2007 at 23:14

dbmzk1 said:
It was your mistake you sent it to him, I don't see what legal claim you have on the item at all.

Keeping something to which you know you are not entitled to is theft.

dbmzk1 said:
If a graphics card randomly turned up on my doorstep I'd keep it too! At least I'm honest

What about the special delivery signature? It proves you've got it. However, claiming that it was empty box...

DannyDan · 18 Jul 2007 at 23:15

philio16 said:
there we go....had to be done....

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:

Legoman · 18 Jul 2007 at 23:17

Hyper said:
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....

For the UGA to apply there has to be intent on the part of the sender to send the item unsolicited. The UGA doesn't make it legal for someone to keep goods to which they know they are not entitled, i.e. it does not override the Theft laws.

The fact that you've told him that the card was sent in error means that they are no longer unsolicted goods.

tom_e · 18 Jul 2007 at 23:26

Hyper said:
I see,

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

They wouldnt be intrested this is a civil matter

Adz · 18 Jul 2007 at 23:26

Hyper said:
I see,

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

It's a civil matter at present AFAIK. If he doesn't comply with the court action, then it will become a criminal matter.

It'll never get that far though. I've a fair amount of experience in this kind of situation and once the average chav gets court papers on his doorstep he backs down very quickly, especially when he knows he's in the wrong.

Azza · 18 Jul 2007 at 23:28

Hyper said:
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....

Dont think it counts. That is only if you recieve something form a company. Even if it does apply im pretty sure that if the item isnt claimed within 30days then you can do what you want with it. There was something like this on Custompc mag forums where some one got some RAM from Crucial by mistake and he ahd to wait 30 days with own claim from Crucial I think it was before it could be his.

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

Cover the travel costs and for a small fee, fee will vary depending on what you want me to do, and I will gladly pay him a visit.

dbmzk1 · 18 Jul 2007 at 23:30

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.

1) Makes no difference if it's from a private individual or not. It is still unsolicited goods.

2) It does not matter if it was a mistake.

3) Legally at least it is the OP that is in the wrong by demanding money for unsolicited goods. As is threatening legal action, if he were to send the letter above.

Legoman said:
Keeping something to which you know you are not entitled to is theft.

If something turns up randomly on your door then legally are ARE entitled to it. That's the point.

Legoman said:
For the UGA to apply there has to be intent on the part of the sender. The UGA doesn't make it legal for someone to keep goods to which they know they are not entitled, i.e. it does not override the Theft laws.

It does not matter if they meant it to be unsolicited or not. If you did not ask for something and you get it then legally it was unsolicited mail and it's yours to do with as you see fit. The law covers the receiver, the sender has nothing to do with it. It really is simple, if you didn't ask for something and you get it then you can keep it.

Moral of the story: Don't send things to the wrong address