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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
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KarmenPQZ · 09/08/2024 12:12

It’s clearly a scam of some sort. Just because we don’t understand it the post above was clear on the consumer advise of a financial transaction that doesn’t make sense. There’s no denying it should be reported to police and your bank OP.

if you’re unwilling to take this advise and are set on getting rid of the item I wouldn’t recommend asking for storage costs. Email him and say if it’s not collected by x date (give him 2 weeks maybe) you’re either going to send the item to the man directly at his work or give it to a local charity shop. That way you can at least be rid of it fake, tampered with or otherwise.

and agree with others to check the money is actually fully present in your account and move it to a new account and don’t spend it for 6 more months.

MarkWithaC · 09/08/2024 08:17

deeahgwitch · 08/08/2024 20:05

I agree with you @shortcutsal.
I was expecting it to be a large item like an antique wardrobe or something not a wee watch or small piece of jewellery.
🙄
At least you have the money OP

But she's nervous about doing anything about the money in case she spends it and then he suddenly pops up and demands it back. Or demands she send the item again.

@Wheredoistandwiththis sorry if you've answered this, but what address did you send it to?

deeahgwitch · 08/08/2024 20:05

I agree with you @shortcutsal.
I was expecting it to be a large item like an antique wardrobe or something not a wee watch or small piece of jewellery.
🙄
At least you have the money OP

Meadowwild · 08/08/2024 19:57

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.”

No but you can say that you will be charging X for storage and insurance per day and deduct that from any repayment if he changes his mind

SweetBirdsong · 08/08/2024 19:55

londonmummy1966 · 08/08/2024 15:57

The PP I was reacting to had already explained this - OP is sent money from a dodgy source and after a while when the watch has not been collected she is asked for a refund - when she sends it that refund is "clean" money - ie £8000 has been laundered with minimal cost - just a loss of a bit of interest.

OPs other option is to call this guy at work and ask him to complete the purchase

Ah ha yes I get it now. Thank you. Smile

SweetBirdsong · 08/08/2024 19:53

purplehue · 08/08/2024 10:50

@SweetBirdsong or if he is that important he will have staff who can arrange the pick up for him.

Yeah exactly. Smile

Peonies007 · 08/08/2024 16:16

Peonies007 · 08/08/2024 16:13

OP,
How did they pay? Direct to bank account so they have your bank details or paypal?

Nothing makes sense with this (I worked in compliance for a while)..
Most likely the scam involves the person's stolen identity as if they are rich and powerful they will have PA dealing with stuff like it.
The courier - was this possibly sent to a scammer's address who then returned it with a note? What is the address on parcel? Or where does the tracking lead?
Most likely the watch mechanism was swapped.

Money laundering? Be careful as if you refund you could be in trouble bc you are assisting the crime.

I would investigate the postage labels and tracking, speak to customs and then find phone number for the guy and call his office.
Get the watch checked and then and only then you could make a decision to potentially send or refund or notify bank etc of money laundering.

Also just thought...
Did he pay you from HACKED account? So money would eventually be recalled by a bank? Check the name on bank statement and if it's the rich guy, I'm certain his account has been hacked and he hasn't noticed.

Peonies007 · 08/08/2024 16:13

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,
How did they pay? Direct to bank account so they have your bank details or paypal?

Nothing makes sense with this (I worked in compliance for a while)..
Most likely the scam involves the person's stolen identity as if they are rich and powerful they will have PA dealing with stuff like it.
The courier - was this possibly sent to a scammer's address who then returned it with a note? What is the address on parcel? Or where does the tracking lead?
Most likely the watch mechanism was swapped.

Money laundering? Be careful as if you refund you could be in trouble bc you are assisting the crime.

I would investigate the postage labels and tracking, speak to customs and then find phone number for the guy and call his office.
Get the watch checked and then and only then you could make a decision to potentially send or refund or notify bank etc of money laundering.

Tippexy · 08/08/2024 15:59

Again, his address will have been on the parcel.

londonmummy1966 · 08/08/2024 15:57

SweetBirdsong · 08/08/2024 10:37

I do agree with this and think it could be money laundering. However..... if it IS money laundering, why would he just give away £8000 of 'laundered' money? Many people trying to launder money would invest it in a business, or buy high end/costly items with it. But this guy doesn't have the item. So he's £8,000 down at this point ...

The PP I was reacting to had already explained this - OP is sent money from a dodgy source and after a while when the watch has not been collected she is asked for a refund - when she sends it that refund is "clean" money - ie £8000 has been laundered with minimal cost - just a loss of a bit of interest.

OPs other option is to call this guy at work and ask him to complete the purchase

pinacollateral · 08/08/2024 14:44

Wheredoistandwiththis · 08/08/2024 08:38

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.

But if the item was stolen or lost whilst in my care, I would have to refund him the full amount.
Well that's what your insurance is for, surely. You wouldn't refund him before the insurance had paid out.

In terms of what to charge - you charge what you feel is a reasonable cost for storage, given the size of the item and the inconvenience to you of having to keep it. Emphasis on reasonable. I'd suggest a couple of quid a day (backdated to when he was originally meant to collect it). This isn't meant to be an opportunity for you to make money, it's just what is fair to compensate you whilst he gets his act together.

The insurance might not cost you anything but it's still covering his item so I'd charge a minimal amount, 50p a day or something. And if something happens, you pass on the cost of the excess to him.

As for your last point, I doubt the item has increased in value much in the few extra months you've had it.

Just be reasonable and honest but firm, and it will be sorted within the next 2 weeks either way.

invisiblecat · 08/08/2024 14:36

I'm guessing a Rolex as well, and like another pp suggests, the mechanism has been switched.

Codlingmoths · 08/08/2024 14:33

Why would you refund him, for not being able to get off his bum? That is not a condition covered by any consumer law. He isn’t forgetting to get food in to eat daily, I’d just send a note saying ‘i sold this in good faith. It’s been 6 months, I can reasonably assume at this point that you’ve defaulted your purchase. I can however hold it for another 2 weeks. Please arrange a courier within this time. I will not be offering any refund.’

and if he doesn’t collect, sell it again. His loss.

Todaytodaytodaytoday · 08/08/2024 14:31

Wheredoistandwiththis · 08/08/2024 14:23

There is no chance it is fake. I am not worried about it being fake. Everything is exactly as it was in the box and all serial numbers match up, all signs of wear are exactly the same etc.

It is 100% the same item.

If it’s a Rolex the insides may have been switched. Original parts for repairs are very pricey and highly sort after. He may be hoping you don’t notice and give him the money back. Definitely do not give the money back. The onus is on him to collect. Just make it clear that it is no longer insured.

Katbum · 08/08/2024 14:28

I also think if the package had been opened, it’s likely been replaced/tampered with. Take to get it checked by a jeweller and do not refund until you have. Once you’re 100% that the item is what it was, tell him he has 21 days to collect or you will resell the item. I think you do have to refund him in these circs, unfortunately, but I would deduct a couple of £100 for insurance, storage and inconvenience fees / make it clear on your letter that you will be doing this.

Wheredoistandwiththis · 08/08/2024 14:23

Leanmeansmitingmachine · 08/08/2024 14:19

And, at the risk of being rude, you seem quite muddled with some aspects of how to approach this (working out storage etc) so just be extra vigilant about whether you’ve had a fake returned to you. Especially if it’s a watch. The scammers are good.

There is no chance it is fake. I am not worried about it being fake. Everything is exactly as it was in the box and all serial numbers match up, all signs of wear are exactly the same etc.

It is 100% the same item.

OP posts:
Leanmeansmitingmachine · 08/08/2024 14:19

And, at the risk of being rude, you seem quite muddled with some aspects of how to approach this (working out storage etc) so just be extra vigilant about whether you’ve had a fake returned to you. Especially if it’s a watch. The scammers are good.

Leanmeansmitingmachine · 08/08/2024 14:17

Wheredoistandwiththis · 08/08/2024 09:58

It’s not. The serial number is the same.

I mean, you do know that these scammers are seriously good at this and that they can recreate that? I really think it’s important you don’t send them any money back. And they could be using the legit man’s identity to convince you.

CautiousLurker · 08/08/2024 13:49

Catlord · 08/08/2024 11:10

You're missing my point. I'm not asking you on what point of law she may be allowed to keep the money. Not interested in that.

Why would she wish to, or feel entitled to go down this route over a sale that's fallen through (assuming she has the genuine item in her possession)? Wouldn't the inclination be to bill him for costs incurred, so relisting, reverification, agency fees, photos, day off work, travel and just resell for a higher price? There's been a bit of faffing involved but why would she feel morally entitled to 8k of this man's money as well as the item which is as far as we know, in saleable condition and prices have rises so she hasn't missed any opportunity to sell?

You’re missing my point - she cannot resell the item as it is legally no longer hers to sell! The title transferred upon receipt of funds and was acknowledged when she dispatched it.

If she were to sell it now, she’d be breaking the law. She can only sell if it she can establish in law that the goods have, effectively been abandoned and then claim title. So I repeat. She needs legal advice.

Waxdrip · 08/08/2024 13:30

I would pay for secure storage for a a couple of months and advise him that the item should be collected from storage by X date. That removes the burglary risk at least. Or send it to his workplace as pp suggested.

Mirabai · 08/08/2024 12:59

It does not appear to scream money laundering because he's not asked for a refund for so long but who knows.

He’s taking the piss until she gets fed up and refunds it. So he can’t be accused of asking for a refund.

geekygardener · 08/08/2024 12:49

Do not refund a single penny. You are at risk of being out of pocket either because: it's a fake, money laundering or you have to try resell, which may not happen as easily and the mess about selling it and cost of doing so.
It does not appear to scream money laundering because he's not asked for a refund for so long but who knows. The amount is irrelevant if it is. People who money launder do often do surprisingly small amounts as not to raise suspicion. I have know them do 100s before.
If it was me I'd keep the money and the item. Make sure you have written proof of sending it and it being returned and if you trying to contact buyer. You have done your best. Put the item somewhere and forget the whole thing. You can resell it after a year or two. Regardless of the legalities no one in their right mind would rule against you in this surely. He's unlikely to take you to court let's be honest.

It is odd that you had no address. Where did you send it?

If it's a watch go to a watch specialist not just a jeweller, if you do decide to get it checked out that is. I know a couple of watch specialists and it's a unique business with certain skills required.

ArabellaScott · 08/08/2024 12:44

Mirabai · 08/08/2024 12:35

The courier returned either a. Because he refused pay duties or b. Not found at that address.

Report to your bank and to HMRC.

https://www.gov.uk/guidance/money-laundering-regulations-report-suspicious-activities

  • a customer has tried to make an exceptionally large cash payment
  • the customer behaved strangely, or made unusual requests that did not seem to make sense
  • the transaction they wanted to make just did not add up commercially

This is the most sensible course of action, OP.

Mirabai · 08/08/2024 12:35

The courier returned either a. Because he refused pay duties or b. Not found at that address.

Report to your bank and to HMRC.

https://www.gov.uk/guidance/money-laundering-regulations-report-suspicious-activities

  • a customer has tried to make an exceptionally large cash payment
  • the customer behaved strangely, or made unusual requests that did not seem to make sense
  • the transaction they wanted to make just did not add up commercially
BigSkies2022 · 08/08/2024 12:31

Wheredoistandwiththis · 08/08/2024 09:58

It’s not. The serial number is the same.

Why would someone pay £8k for an item, then return a fake to the seller? The seller still has the money, for the item that she wanted to sell! I don't understand the benefit to the buyer that paying for an item, collecting the item and then going to the trouble of copying the item, down to the serial number, in order to return it, but without asking for the money back, is supposed to bring? 'Money-laundering' - what, £8k? Not the biggest criminal enterprise, is it?

Sounds like the buyer is too rich and too busy to care.

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