Ebay again

[Rachel]

Some of you may have read that last Friday I recieved a moses basket from a ebay seller but I had not bought or paid for it.

Anyway I emailed them Friday night telling them they had sent me a moses basket by mistake so they could arrange a courier to come and collect it from me.

I hadn't heard anything off them so emailed again yesterday again telling them they had sent it me by mistake and to arrange a courier for it but they haven't replied again

It's just sitting here atm taking up space and I want it gone but they aren't contacting me about getting it back

Would you bother emailing them again until they do reply to me? I can't see why they aren't though because it's them that's lost the money if they don't collect it

 

[abcd1234]

lol, you dont happen to need a moses basket do you
If they dont respond or reply its their lose, give them a bit of time and maybe contact ebay about it but it's their mistake and i'm sure whoever did buy it is also emailing them rather angrily!!

How come i never get free stuff??? I always end up waiting weeks and getting somehting i didnt expect lol

 

[Urchin]

The law says after a certain amount f time it becomes a "gift" anyway. Look it up.
I think it's the Distance Selling Regulations.

 

[kalia]

Weird!
I don't think the distance selling regulations apply to internet auctions unfortunately.
Is there anyway to send it back that forces them to pay - the parcel equivalent of sending a letter without a stamp on?
Is it worth checking with family and friends to see if anyone bid on it for you as a gift?
If you have any details of the person who should have got it maybe get in touch with them?
And if none of that works I would email the seller with a deadline by which to collect the item or you will dispose of it (or keep it if you like it).

I don't think ebay can help you as they are in no way involved - basically a stranger has sent you something in error.

Good luck!

 

[Rachel]

Thanks for your replies

I'd already bought something from that seller a few days before and recieved them fine then on the Friday I get a moses basket aswell off the same people I know it's not friends or family who have bought it for me.

They are registered as a business seller and had a few of these moses baskets on ebay but only one person had bought one so I thought the seller had sent me thiers instead but the other people who bought the moses basket have left the seller positive feedback so they obviously got thiers so it hasn't gone to the wrong address

I will have to look into it and see if there is a way I can send it back so they pay. If not I will email them saying if they make no contact or attemps to collect it before the 30th April then I will be getting rid of it. Do you think that is giving them enough time?

I have already bought a moses basket so I don't need this one either

 

[kalia]

I have been much integued by this and after a fair bit of searching I am fairly sure that this is the case:

Unsolicited Goods

Goods sent to a person who has not requested them. The person receiving the goods does not have to pay for them. After 6 months the goods become the property of the person who received them. If the receiving party contacts the sender and asks for the goods to be picked up (and they are not), the receiving party becomes the owner of the goods after 30 days. Before the receiving party becomes the owner they must look after the goods and not dispose of them.

It is possible you have to write to them rather than email. I will post again if I find out one way or the other.

 

[Rachel]

Thanks

I've just had a look about unsolicited goods and some websites say that it's mine now and I don't have to send it back or pay for it but others say that it only becomes mine after 6 months or 30days if I send them two notices in writing, by recorded delivery (not sure if that only applies if a business recieves unwanted goods though )

Will have to look into it more

Thanks again

 

[kalia]

OK, the info in my last post is, I think, out of date. From November 2000, unsolicited goods are yours to keep. What I can't work out is if what you have received is definitely unsolicited goods or if goods sent in error have different laws. If they didn't intend to send them to you, technically they might not be unsolicited goods. It's very confusing!

I think that the law has been amended so that emails count as written communication - sometimes legal speak goes way over my head though

 

[Rachel]

Thanks

Legal talk is confusing at times, lol. The moses basket was probably sent in error though so I still don't know if it's mine to keep or what

I suppose I will just have to wait and see if they get back to me I've sent another email today so hopefully they will reply now

 

[debecca]

Vodafone sent my husband 3 brand new expensive phones a few years back (their error) - despite us trying to inform them they remained incompetent and sent yet another one

After 6 months we got nearly £200 each for them on Ebay because of this "after 6 months they're your property" loophole - nice.

 

[kalia]

If you're not bothered about what happens to the moses basket (you're not bothered about selling it on, you just want it out of your house) you could give your local police a call and ask for their advice and/or report it as lost property. If it's lost property I think they keep hold of it and if it's not claimed within 28 days you can have it. In any case it would mean that they would have the hassle of contacting the sender, not you.

 

[Rachel]

I've just phoned consumer direct to see where I stood with it and he said legally because I didn't order it and they have just sent it to me then I can treat it as a gift.

He didn't recommend I do that though and said I'd be best contacting ebay in writing to let them know I can't see ebay doing much though really

I might just keep it here as it is for now so if they want to collect it then they can but if they haven't by the time baby is born then I'll just use it downstairs as a spare or something

Thanks for your help

 

[Rachel]

The seller emailed me earlier and said it would cost them too much to get back so I can just keep it

Atleast they got back to me in the end anyway and I don't have to feel quilty about using it or selling it on

 

[kalia]

Fantastic! They don't fancy sending me a free one too do they? I still don't have either a moses basket or crib I do have a cot in the nursery and I have big drawers under the bed that baby can sleep in in our room