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TOMMIEBOY

Parcel sent to wrong address receiver "binned" it

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This is partly mine fault but would like some advice, basically someone bought a item from me and i somehow got them confused with another buyer so sent them their item and the other buyers item. Now both were delivered on the same day and signed for, as soon as i realised i ask them if i could send a returns label for the wrong. This was the day after both were delivered however the receiver claims to have kept their item and binned the other one which is very unlikely as they both had the same labels on with my return address.

Just want to know if its totally my fault and just take it ( £250) or if i were to take court action would i have a chance ?

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You could start a small claim with a good chance of winning - but you would have to travel to their local court and if you lose, then you lose your claim fee and hearing fee as well - probably about £150 - plus you lose travel costs and time.  If for some reason there has to be a further hearing you will have to travel again

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I sell a lot on eBay and also trade among a few gaming communities, this has happened to me once before.

 

The moment they opened my LBA I got a message saying that the item had been found in the car (they told me it got taken to the tip whilst getting rid of other rubbish.) When you use a platform that puts some distance between the two of you people's dishonest side tend to come out as they assume you can't do anything.

 

If you would consider going to Small Claims Court and would follow it all the way through I would just suggest to write a letter before action with a summary of what has happened with print outs of the tracking details.

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