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To not want to keep storing expensive item when it has been sold?

143 replies

Wheredoistandwiththis · 08/08/2024 08:07

posted here for traffic!

Hi. I sold a very expensive item online 6 months ago (approx £8,000). The buyer paid for the item with a bank transfer and planned to collect ASAP. A courier was arranged on the buyers behalf, but there was an issue with customs and the item was returned back to me. I have checked and there is nothing ‘dodgy’ here - the item that was returned to me is the exact item that was collected.

I have been in regular contact with the buyer who keeps making excuses as to why the item cannot be collected. Says he is really busy, not had chance etc. He is located abroad else I would have just delivered the item myself (even though he is responsible for collection of the item).

Where do I stand legally? I am annoyed that I am essentially providing free insurance and storage for this item when this would usually be £££.

I have sent an email stating that the item must be collected by x date else it will no longer be available for collection. Would I then be obliged to return the money even though I have tried numerous times over the past 6 months to get this sorted?

YABU: item needs refunding if buyer isn’t collecting
YANBU: item has been paid and it’s up to the buyer whether he collects or not but the money is now mine

OP posts:
Wheredoistandwiththis · 08/08/2024 08:10

ETA: the item is a piece of jewellery that increases in value.

OP posts:
TemuSpecialBuy · 08/08/2024 08:11

Wheredoistandwiththis · 08/08/2024 08:10

ETA: the item is a piece of jewellery that increases in value.

Not what you asked but I’d love to see it
🤩

OhmygodDont · 08/08/2024 08:13

Pretty sure you could be in the clear. You’ve already stored it for 6 months. Even landlords only have to store the previous tenants items for so long before they can get rid.

INeedAnotherName · 08/08/2024 08:14

I would tell them they have one more chance to collect then return the funds, less any expenses such as p&p/insurance, be clear that they won't get the full amount back. Then try reselling again. I'm surprised they haven't asked for their £8k back though 😮

Billybagpuss · 08/08/2024 08:15

Return the money, less packing and shipping and relist it.

TwoLeftSocksWithHoles · 08/08/2024 08:15

I would give a date that the item must be collected by and say if it is not collected by that date then you will assume that the buyer has given up ownership of the item.

I would not return the money (I have no idea of the legality of this!)

You could contact Auction companies and see what they would do in these circumstances, although I suspect that they probably have something in their T&Cs that you sign before bidding.

OhmygodDont · 08/08/2024 08:18

Yes do the letter with the clear dates and such before doing anything . I’m sure I had written a bigger post 😅

No way would I be storing and insuring an item for over 6months to give back 8k. Worst case I’d charge a daily fee for the storage and insurance. Find out how much a safety deposit box would have been. Then also bill your time for finding out the info

maplemaplesyrup · 08/08/2024 08:20

Why can’t you arrange a courier to send it to them? Isn’t that how it’s normally done when you sell things?

Wheredoistandwiththis · 08/08/2024 08:20

I’m not able to send a letter to the buyer as I don’t have his address.

It was agreed that the buyer is responsible for collection of the item as arranging a courier is a pain for such a small package with a high value.

OP posts:
Goldcushions2 · 08/08/2024 08:21

You need to be charging him for storage, a hefty fee.
You have allowed this to go on far too long.
Create a papertrail with deadlines.
Do not return the money, start charging.

Wheredoistandwiththis · 08/08/2024 08:22

maplemaplesyrup · 08/08/2024 08:20

Why can’t you arrange a courier to send it to them? Isn’t that how it’s normally done when you sell things?

Not in this instance. A courier is very expensive, I don’t have the buyers address and he previously encountered issues with customs the first time he arranged a courier. No idea what these issues were other than the item had to be returned to me.

OP posts:
Wheredoistandwiththis · 08/08/2024 08:23

Goldcushions2 · 08/08/2024 08:21

You need to be charging him for storage, a hefty fee.
You have allowed this to go on far too long.
Create a papertrail with deadlines.
Do not return the money, start charging.

How would I go about this legally?

I don’t think I can just email him and say “I’m going to charge you £25 per day storage of this item so here’s my bank details and you won’t get the item until you pay.”

OP posts:
UpThereForThinkingDownThereForDancing · 08/08/2024 08:26

Hmmm. I'd want to arrange courier as although a pain, it is less of a pain than this chasing and waiting. But as you say you don't know what the customs issue was. I expect they did a half arsed job of declaring it properly, given they are clearly disorganised, and someone with good attention to detail would probably get it through first try cos they'd check out the nitty gritty before placing the arrangements!

Personally I'd get in touch give them a date beyond which you will no longer provide free safe storage for their expensive property and you will assume they don't want it and take it to the charity shop/put it out for the bin collection. 🤣

I don't think you can sell it as you don't own it, but I would be drawing a hard line under this and making it patently clear your patience has run out and why.

FusionChefGeoff · 08/08/2024 08:29

You can email with a reasonable deadline eg collection within 14 days and then I'm going to start charging and won't release item until account settled?

pinacollateral · 08/08/2024 08:30

Wheredoistandwiththis · 08/08/2024 08:23

How would I go about this legally?

I don’t think I can just email him and say “I’m going to charge you £25 per day storage of this item so here’s my bank details and you won’t get the item until you pay.”

Just deduct it from the refund of the £8000 he's paid for the item if he doesn't collect.

Give him a deadline to collect, 2 weeks for example.

If he collects it within the next two weeks, no problems.

If he doesn't collect it within the next two weeks, he forgoes the item and you refund him the £8000 minus storage and insurance costs.

£25 per day is unreasonable - it doesn't actually cost you that much for storage and insurance. Work out a sensible amount.

MissScarletInTheBallroom · 08/08/2024 08:33

Do you have any proof that it was a real courier and the item was stopped at customs?

I think it's a bit suspect that the buyer isn't trying to sort this out and I would be a bit worried about potential money laundering.

timenowplease · 08/08/2024 08:36

Are you absolutely positive you have had the original item returned? The story doesn't make sense.

If a courier had picked up the item and it had been refused at customs there would be stickers and address labels all over it with his address surely.

I think you've been scammed. Definitely don't return any money.

InsensibleMe · 08/08/2024 08:38

TwoLeftSocksWithHoles · 08/08/2024 08:15

I would give a date that the item must be collected by and say if it is not collected by that date then you will assume that the buyer has given up ownership of the item.

I would not return the money (I have no idea of the legality of this!)

You could contact Auction companies and see what they would do in these circumstances, although I suspect that they probably have something in their T&Cs that you sign before bidding.

That would be theft.

Wheredoistandwiththis · 08/08/2024 08:38

pinacollateral · 08/08/2024 08:30

Just deduct it from the refund of the £8000 he's paid for the item if he doesn't collect.

Give him a deadline to collect, 2 weeks for example.

If he collects it within the next two weeks, no problems.

If he doesn't collect it within the next two weeks, he forgoes the item and you refund him the £8000 minus storage and insurance costs.

£25 per day is unreasonable - it doesn't actually cost you that much for storage and insurance. Work out a sensible amount.

Thank you.

I may be being dim - but how do I work out a cost for storage and insurance? It hasn’t actually cost me anything. The item is on my household insurance (I guess I could find out how much lower my insurance would be without this item), but in terms of storage, there is no cost to me.

But if the item was stolen or lost whilst in my care, I would have to refund him the full amount. He is managing to own the item that is increasing in value whilst I take all of the responsibility for it.

OP posts:
GourmetLettuceMix · 08/08/2024 08:38

Buyer arranging courier is a classic Marketplace scam. I think you need to be more suspicious of what is going on. Did you definitely get the original article back?

Wheredoistandwiththis · 08/08/2024 08:40

MissScarletInTheBallroom · 08/08/2024 08:33

Do you have any proof that it was a real courier and the item was stopped at customs?

I think it's a bit suspect that the buyer isn't trying to sort this out and I would be a bit worried about potential money laundering.

It’s definitely the same item.

OP posts:
mitogoshi · 08/08/2024 08:41

Is it in Europe if so what is the price of return flights and a nights hotel? Ask him to pay double that and drop it off?

QualityStreetIsBetterThanRoses · 08/08/2024 08:41

Flip side - this clearly isn't taking up any space etc so it's not exactly a 'storage issue' is it? It's more incredibly odd this person isn't arranging to collect.

Options: Tell him you're not insuring it as it's not yours.
Tell him you're listing it for sale again and if it sells will refund him the money.
(Do these things)

Re sending:you can just to use UPS/DHL/Fedex etc for this kind of package, it doesn't need to be anything more complicated. Obviously if there's anything protected by CITES or something in the jewellery you have more paperwork, but it's really not a big deal to arrange. Most simple is to send to an address in the same country to avoid any export paperwork - perhaps suggest you will do that for him FOC (it'll not cost a lot to post so you could just waive the fee) just to be done with it?

MissScarletInTheBallroom · 08/08/2024 08:43

Wheredoistandwiththis · 08/08/2024 08:40

It’s definitely the same item.

We'll have to take your word for that, but even if it is the same item. Buyer has money from somewhere they shouldn't have. Sends you the money. Arranges a fake courier to collect the item and then return it to you citing a problem with customs. Waits for you to get fed up and return the money. The money is now clean.

It's a risky strategy given that you could just keep the money but I would be suspicious.

Wheredoistandwiththis · 08/08/2024 08:43

timenowplease · 08/08/2024 08:36

Are you absolutely positive you have had the original item returned? The story doesn't make sense.

If a courier had picked up the item and it had been refused at customs there would be stickers and address labels all over it with his address surely.

I think you've been scammed. Definitely don't return any money.

It’s definitely the same item.

The courier came and attached a customs label to the parcel when they collected it. It was returned in exactly the same packaging but had been opened.
There is no question about the item being the same or not. I was suspicious upon hearing it would be returned to me too, but it’s definitely the same.

Im not at home right now, but I didn’t think to check the address on the customs return label. I’ll have a look later!

There is nothing immediately suspicious about the buyer. I think he is just a really busy guy.

OP posts:
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