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AIBU?

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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:
INeedAnotherName · 08/08/2024 12:12

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

So where did you send the parcel if it wasn't his address?

JudgeJ · 08/08/2024 12:03

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.

Tell him that it needs collecting as you are not responsible for its insurance now he is the legal owner and there have been many robberies in your area.

Thelnebriati · 08/08/2024 11:58

I think you should get legal advice asap. The thing about scams is that people always think 'its not a scam'.

maplemaplesyrup · 08/08/2024 11:58

Wheredoistandwiththis · 08/08/2024 09:58

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

Couldn’t that be faked though?

LondonPapa · 08/08/2024 11:57

Wheredoistandwiththis · 08/08/2024 09:58

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

And? Get it verified by the brand to be on the safe side. This is a scam in the making from the sounds of it.

Viviennemary · 08/08/2024 11:45

I think you will need to return the money as £8k is a substantial amount but you are within your rights to deduct insurance costs. And if its an item of jewellery storage cost isn't an issue unless you are renting a safe, Still annoying though as you want it settled.

lemarr · 08/08/2024 11:40

Or as others have suggested, for that value i’d be tempted to hand deliver it! What country is the buyer in?

lemarr · 08/08/2024 11:38

Hi OP, definitely been going on too long but since they have paid you a significant amount of money, I’d be inclined to be as helpful as possible to “complete the deal” — can you find a courier (it’s a pain but worth it) and then communicate with the buyer the cost, they can send the amount and then send it yourself?

LookItsMeAgain · 08/08/2024 11:29

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.”

You could say that the storage fee and obvious insurance on the item will be deducted from the £8000 paid for the item that you must also have in your bank, right as they can't collect the item but you'll return their money to them.

The value of the item will appreciate so they really aren't out of pocket except for the storage and insurance fees.

You would just need to be able to produce if asked all of the attempts at getting the item collected and shipped to the purchaser.

You also clearly need to tighten up your T's & C's to cover events such as this going forwards.

PrettyPickle · 08/08/2024 11:21

Sounds to me like they could not pay the customs fee upon receipt.

IncessantNameChanger · 08/08/2024 11:16

Someone bought a pram off me on ebay. They said several times they would collect but didn't. I also chased them. After a month, when they had no recourse from ebay, I took it to the tip.

Surely after x time they have no come back? W
How do you prove the refund or delivery now?

Bouledeneige · 08/08/2024 11:16

But even if a fake was sent back the scammer still needs to get £8k back from OP to profit from it. I think OP said the money was already paid into her bank account so I'm not sure how she can lose in this situation - apart from the potential burglary risk mentioned earlier.

user1492757084 · 08/08/2024 11:16

TonTonMacoute · 08/08/2024 11:14

I would email him and just say you will be relisting the item for sale if he hasn't collected it within two weeks, see what happens.

It will be a negotiation from then on.

A) he will collect it
B) you will never hear from him again
C) he will ask for a refund, which you will do, but will deduct admin costs of £500-1000.

This or ..
Insure the jewellery, obtain his address and take a holiday to deliver it. If the country he lives in is gorgeous, it might be fun.

TonTonMacoute · 08/08/2024 11:14

I would email him and just say you will be relisting the item for sale if he hasn't collected it within two weeks, see what happens.

It will be a negotiation from then on.

A) he will collect it
B) you will never hear from him again
C) he will ask for a refund, which you will do, but will deduct admin costs of £500-1000.

MissScarletInTheBallroom · 08/08/2024 11:11

booksunderthebed · 08/08/2024 10:02

How is this laundering money? I mean, its obvious if £8000 has been spent on an item and then returned. Whoever is checking peoples accounts for signs of money laundering are not idiots.

I didn't think laundering money is as easy as buying stuff and getting a refund.

Money laundering is basically taking money you have obtained from an illegitimate source, moving it somewhere else and then getting it back again from a legitimate source. You should be suspicious of anyone who wants to pay money into your bank account and then receive the same money back into their own bank account.

Catlord · 08/08/2024 11:10

CautiousLurker · 08/08/2024 09:47

It is totally about contract law - once she knows her legal rights and whether the items is genuine, she and lawyer can calculate what is an appropriate refund. Whether we were talking about a £15 item or a £8k item, a small item that fits in a drawer or a car that is occupying a driveway, it is about whether the contract is complete, who has title for the goods, whether - should title be with the other party - she is under any obligation to continue to store his goods indefinitely, and if not (she won’t be) whether the title for said goods transfer to her over time. She has done nothing ‘morally’ wrong. The other party is at fault for failing to address the issue of taking possession of his goods once they failed to pass through customs.

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?

itsmabeline · 08/08/2024 11:05

Sounds like a scam.

Any request for refund should be completely ignored, just in case it's a scam where they pay you then ask for some but not all back.

Sounds very dodgy not giving you an address.

itsgoingtobeabumpyride · 08/08/2024 10:59

If it's increased in value put it back on the market, return the £8k and make yourself a few bob in the process

SleepingisanArt · 08/08/2024 10:58

If the item was returned to sender having been opened by customs then the buyers address should be on the label. (Waiting for the OP to say its been removed before being returned at which point I will call this as BS.)

mjf981 · 08/08/2024 10:56

Blondiebeachbabe · 08/08/2024 10:36

It's not a large bulky item. Just stop contacting him. With any luck he will never collect it, and you'll end up with the jewellery and the money. He might be so rich, it's no big deal. Just keep quiet! 🤐

I'd do this. Stick it up in the loft and await further communication. If none comes after a year...you're up 8 grand.

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.

SweetBirdsong · 08/08/2024 10:40

Blondiebeachbabe · 08/08/2024 10:36

It's not a large bulky item. Just stop contacting him. With any luck he will never collect it, and you'll end up with the jewellery and the money. He might be so rich, it's no big deal. Just keep quiet! 🤐

But the OP doesn't want to keep it. She wants the 'very busy man with the terribly important job' to come and get his bloomin' item! 😬

As I said, NO-ONE is sooo busy that they couldn't have arranged for this item to be collected again. He just CBA for some reason, and it's very odd.

LumpyandBumps · 08/08/2024 10:39

It’s an odd situation but I can’t understand how it could work as a scam. If the buyer had sent back a fake he would surely have asked for his money back long ago.
I think the item does need to be stored securely, with adequate insurance cover, at an official location.
The buyer could be given reasonable warning, 7-21 days of this happening.
He can be informed of the location, and advised that the storage fee has been paid until X date. That would need to be paid by OP.
If he fails to pay the storage charge or collect then the storage company will eventually sell it to cover their fees.
I don’t think there should be any mention of a refund. The item is sold. OP has made/ continues to make it available. It belongs to the buyer. OP has not been reckless with his property.

Unknownsecret · 08/08/2024 10:38

Just to throw a spanner in the works … as you’ve sold it, I doubt it will be covered under your house insurance as it’s now not actually yours? Just something to think about and look in to.

SweetBirdsong · 08/08/2024 10:37

londonmummy1966 · 08/08/2024 10:24

Exactly what I was coming on here to say - I'd be really concerned that this is money laundering. Assuming that you sold this as a private seller then you should report this to the HMRC fraud hotline as an unusual transaction that might conceivably be money laundering - you can do it here https://www.gov.uk/report-tax-fraud. DO NOT tell the purchaser in any way that you are going to report as this is known as "tipping off" and is an offence in itself. Assisting in a money laundering transaction can land you in hot water so a belt and brace approach is to report it - after all if there is no issue then HMRC will just close the file.

Once you have done this ask MN to delete the thread.

ETA to say please please do not refund the money as if it is money laundering that is what they want.

Edited

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 ...

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