Should I send it back?

As he is not letting on what it is then i can only assume it is X rated!! lol
 
Here's the way my system works.

Back when I was 13 I had my wallet stolen and in there was £30. The wallet itself cost around £15 as it was leather. I was down £45 and back then when I was 13, £45 was a lot of money. I was into penny sweets back then so £45 would have got me 4500 penny sweets.

Fast forward to now and my tipple is real ale. A pint of which is around £2.70. I'm owed 4500 of my tipple so therefore I am owed £12,150 by karma. Over the years luck has gone my way to chip away at this figure and I'm down to about £10,000 I reckon. Until my £10,000 is paid off I'll happily accept goods sent to me when they shouldn't have etc.

When my balance is clear with karma, I'll start sending things back etc :lol::lol:
 
:naughty:Shush pepi!

if you must know its a dispensing device for brake cleaner (saucy as hell eh, practically fifty shades of grey filth.... "he pressed his trigger and launched forth a wide spray of his fluid across the room") the cost is around £20.

I have replied to the sellers (or rather senders) email asking for him to refund me with enough money to send the item back by the same method as delivered (im yet to get a reply) (royal mail tracked), should the seller refuse then I will ask for him to arrange a courier - which will inconvenience me much more than arranging postage!

we shall wait and see!
 
If you keep the item then you commit the offence of theft.

No he doesnt

.... but if he doesn't return the item he commits the offence of "theft by finding".

No he would not


These are unsolicited goods and he would be within his rights to keep them.

1. He has ordered one item but gets delivered 2, the first is the one he paid for and the second would be classed as unsolicited goods

2. If the item was delivered to him but it was really meant for his neighbour, and he knows this and keeps it, then that would be theft. [Theft act 1960 c60 5:4]

3. If you were walking along the road and saw a £5 note, picked it up and put it in your pocket then you would be committing an act of theft by finding.

As I said above no theft would be committed here, these are unsolicited goods.
 
If it was sent to me i would just contact them to let them know that they have made an error and that they should arrange for a courier to come and collect it.

Under no circumstances will i send it back using my own money.
 
OK it's killing me now.....UPDATE!! :lol:
 
ziggy©;4832122 said:
If it was sent to me i would just contact them to let them know that they have made an error and that they should arrange for a courier to come and collect it.

Under no circumstances will i send it back using my own money.

and I am really glad I followed the advice above.

I sent an email on the 16th asking that they send me the funds to return or organise a courier to collect the item......... I pointed out that it was his error and therefore I am not prepared to be out of pocket for any period of time
still waiting on a reply, despite a subsequent email.

if someone is so poor at replying to emails then my chances of getting any postage i forked out refunded are as far as i am concerned very slim!
 
Exactly. If u had sent it I bet u would not have got paid and would b out of pocket.
 
Rebel t3i said:
well I think it depends what it is if it is a £3.99 book on erectile dysfunction or a 12k rolex watch

Haha, aren't these two items meant for the same type of person? :-)
 
gramps said:
Reading through some of these posts and balancing with my own principles, I would say the following:-


[*]It would not be mine to keep at this stage.
[*]I would reply to the seller pointing out that the tone of the email was unnecessary and that the 'duplicate' is available for collection.
[*]In my response I would tell them when collection could be made in the next 14 days.
[*]I would also point out that if the duplicate is not collected within 14 days I will charge storage at £x per week.
[*]I would point out that if the duplicate was not collected within 6 months I would assume that ownership of it had been relinquished.

+1. This would be my action.

Very interesting/entertaining thread to read :-)
 
finally got a reply this morning, again asking for me to send the item back at my expense in expectation of a refund......

so i pointed out that it was there error and that it is there postage to pay, i also pointed out that if they are worried about overpaying or underpaying me for the postage they could arrange for a courier to return the item, i also pointed out that given that they posted the item to me they must be aware of the postage costs.

given that it has taken them 2.5 weeks to reply to an email, i have no desire what so ever to fork out any of my own money on returning the item to them.
 
Definately not. If u did post back before payment you can bet u will never see that money again.
 
finally got a reply this morning, again asking for me to send the item back at my expense in expectation of a refund......

so i pointed out that it was there error and that it is there postage to pay, i also pointed out that if they are worried about overpaying or underpaying me for the postage they could arrange for a courier to return the item, i also pointed out that given that they posted the item to me they must be aware of the postage costs.

given that it has taken them 2.5 weeks to reply to an email, i have no desire what so ever to fork out any of my own money on returning the item to them.

absolutely right. The cheek of it expecting you to fork out money from their mistake
 
but we still don't know WHAT IT IS and the suspense is killing me :gag:
 
The most worrying thing for me is that I agree with Joe :eek:

All this nonsense about it being theft, or theft by finding, it's neither. It's the seller's error and it's up to him to bear the costs of retrieving his goods. If he chooses not to within a specified timeframe (I forget exactly how long and it may be different in England) then he is deemed to have abandoned the goods.

If the seller is really being a nob about it then I'd also be tempted to advise him that you'll be charging him storage :lol:
 
in a similar vein, I have 2 ceramic london butler sinks from ebay sent in error (neither is anything close to advertised size) and the seller has arranged collection of both very promptly. buggered if I'm carrying those to the post office!
 
but we still don't know WHAT IT IS and the suspense is killing me :gag:

He's not going to tell us :shrug: package in a plain brown paper wrapper perhaps. Any old posties will know what I'm on about :lol:
 
gimp suit with a pink fluffy tail
 
but we still don't know WHAT IT IS and the suspense is killing me :gag:

He's not going to tell us :shrug: package in a plain brown paper wrapper perhaps. Any old posties will know what I'm on about :lol:

Do none of you read the whole thread then? :lol::lol::lol:

This is from the last page.

Heather

:naughty:Shush pepi!

if you must know its a dispensing device for brake cleaner (saucy as hell eh, practically fifty shades of grey filth.... "he pressed his trigger and launched forth a wide spray of his fluid across the room") the cost is around £20.

I have replied to the sellers (or rather senders) email asking for him to refund me with enough money to send the item back by the same method as delivered (im yet to get a reply) (royal mail tracked), should the seller refuse then I will ask for him to arrange a courier - which will inconvenience me much more than arranging postage!

we shall wait and see!
 
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