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Wrong goods delivered - ownership


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Hi

wonder if any one can answer this question...

 

I have been in dispute with an ebay seller, who sent me the wrong items (it was a buy it now).

They refused to pay me the cost of returning the goods, and refused to pick the goods up. I explained to them the sale of goods act - that they must refund my return costs, but they still refused

 

basically it was a case of going to the small claims court (which i threatened and i reported them to trading standards), or obeying paypals rules and returning the goods.....

 

which i eventually did - as i would have been guarenteed most of my money back

 

because the goods were heavy and would therefore be cheapest sent as parcel rate . I sent most of the goods via parcelpost and the lightest via recorded delivery giving paypal the tracking they needed.

 

Paypal has returned my money, but the seller has written a nasty threatening email to me, stating that she never received all the goods back.

 

basically the goods i sent via parcelpost have apparently got mislaid.

 

My question now...........

 

who is responsible for the lost package.

the seller is demanding that i pay the money back to cover the lost goods

 

im refusing, as i stated that if she had collected the goods via her courier (as they were delivered) , or agreed to pay the return costs of the goods in the 1st place, the goods wouldn't have been lost.

And that as I didnt order the goods in the 1st place, she sent the wrong ones

 

I am already out of pocket for £10 for sending the goods back.

 

Please tell me who is right or wrong

 

am i liable to give her her money back or not.

 

thanks

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Oh dear - from their point of view you may never have returned the goods at all......equally they could be trying it on. I suggest you contact the PO to file a 'lost in post' report or whatever they call them these days and keep your fingers crossed that it turns up.

 

Always get proof of posting....

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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ok....

 

so basically you are saying that its my responsibility to ensure the goods are returned, even though the seller won't pay for my out of pocket expenses. (which is why they were sent back at the least cost)

 

just as another question, (its only been a week so they may still turn up) what if the goods come back to me.

 

My out of pocket expensses are already over £10 - due to sending the goods back.

 

as i have now got my money back, and if the goods were returned to me im sure that the seller would now pick up the goods, as shes not holding me to ransom any more (where shes got my money) am i legally entitled to keep any of the goods, to cover my out of pocket expenses.

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Well, you do have proof of sending the goods back since you had the tracking no, right?

 

Personally, I'd be tempted to say: "well, I have proof of sending back, have fun trying to prove otherwise."

 

For future reference, next time, sue for the money and bring the goods in court if they refuse to pay for the return P&P, less hassle that way, methinks.

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yes we have the tracking for one part of the order.

 

For future reference, next time, sue for the money and bring the goods in court if they refuse to pay for the return P&P, less hassle that way, methinks.

 

it was the only way we could get our money back guaranteed, was to send some of the order tracked, so paypal would refund us. as the payment was from our paypal balence not from a credit card (unfortunatly)

 

there is always a small chance that the small claims court wouldn't get my money back.

so i went for the certain way first.

 

hopefully the goods will be returned, as they have our address in big letters, then i guess its up to the seller to collect them

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I understand that if goods are delivered that were not ordered, you can insist they are collected or they are deemed abandoned and become yours to do with as you wish. Of course, that may not satisfy paypal in getting a refund.

Its WAR

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It does apply to unsolicited goods (in which case you don't even have to tell the sender, but I would).

 

With cancellations made under the regulations, there is a period of time the seller has to collect. Once that time has passed, the duty of care of the buyer expires. One can then leave them in the street for collection. Of course, if the items subsequently disappear, tough!

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Thanks

the good news is that the goods were returned to me today - as they were uncollected by the seller from the sorting office.

 

so paypal has given me my money back, and I have 3/4 s of the goods still.

 

With cancellations made under the regulations, there is a period of time the seller has to collect. Once that time has passed, the duty of care of the buyer expires

 

how long is this time

 

the goods were originally delivered to me on 26th Feb, and the seller was told straight away they they had sent the wrong goods (by the way I was already in dispute with the seller as I had already waited 14 days for them to be delivered, and i wanted my money back - which the seller refused to do) so already 27 days have passed.

 

does any one have a link to the information

 

thanks

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I'd send a letter saying that the goods have been returned to you since they didn't collect and that they can come and pick them up or kiss them goodbye. Tell them they have 14 days to collect or you'll dispose of them as you see fit.

 

Now you have your money back, you really are in the best position possible, so don't lift a finger more than you have to to help out. ;-)

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The timeframe is here at r.17(7) of the DSRs:

 

(7) Where, at any time during the period of 21 days beginning with the day notice of cancellation was given, the consumer receives such a request as is mentioned in paragraph (4), and unreasonably refuses or unreasonably fails to comply with it, his duty to retain possession and take reasonable care of the goods shall continue until he delivers or sends the goods as mentioned in paragraph (5), but if within that period he does not receive such a request his duty to take reasonable care of the goods shall cease at the end of that period.

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