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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:
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

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.

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?

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.

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.

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.

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.

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?

PrettyPickle · 08/08/2024 11:21

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

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.

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?

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?

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.

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.

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?

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'.

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.

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?

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.

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
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.

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.

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.

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.

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.

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