What do l do now ?

[treasure.coin.chest]

Hi everybody,  l had two sales on my other id. that were similar items, but listed separately. 1st. sales order/item went off okay to buyer, with tracking.  2nd. sales/item of very similar item (ww11. army chevrons)  to a different buyer with tracking has gone into "thin air".

So l nicely contacted 1st. buyer to see if she had received a double order/delivery . Here is my email to her:

Hi ******, 

Was wondering, did you by any chance receive another aust. post packet with some other aust. army chevrons in it ?

Thought that l may have sent them to you by mistake, as l did not record your order in my  selling account. The missing order was very similar to yours, as they were for another ebay buyer. He has lodged a inr, item not received claim against me, so l just refunded him in full.

He is happy and understands what has happened, just trying to track down his order.

Cannot for the life of me figure out where his item has gone, if you can help that would be great, thanks, &&&**%%.

28/7/15.

HER RESPONSE:   Sorry cannot help you.      29/7/15

So okay, cross that one out, on to the next thought.

Then you would not believe my luck, under last months National Geographic mag, l find an Aust/Post Receipt with Tracking Label attached for her Post Code, on the very day of posting for my 2nd. buyer. l had forgotten that l had sent it with AP Tracking.  Bonus Bingo !!!!!!

Missing parcel sent to 1st. buyer on 15/7/15 @ 9:47am  to 2765 Riverstone NSW.  LPS   AP Tracking No. 51005785623011

Carded to #$%^&  on 20/7/15 no one home. Attempted Delivery.

Item picked up at Riverstone LPS NSW, @ 10:37am Sat. 25th July 2015 

Now have beyond proof that 1st. buyer has both parcels. One hers, another not hers, nor paid for by her. This is theft.

Sadly, yes, l addressed 2nd parcel to same name & address as my 1st. parcel/order. My fault, l know.

Where do l go from here please ?

[joethenuts]

to casbit   for a start if you read the op   the buyer wants nothing to do with it , 

tell me casbit what do you do when you get a parcel addressed to you ,you open it ,or if a sachell you rip it open , 

even if by some miracle it went further and a court tell the buyer to send it back , the buyer has a right to charge the sender postage picking up re packaging going to a post office twice waiting  handling.  or she can say come and pick it up .mmmmm

[englishrosegardens]

It's possible the recipient thought it was a genuine gift and either used it or gave it away and then was too embarrassed to admit it. 

Consumer law states that the sender can't demand money for unsolicited goods but they can pick them up from the recipient within 3 months (30 days if the recipient writes and says they don't want them).  http://www.consumerlaw.gov.au/content/the_acl/downloads/sales_practices_guide_dec_2011.pdf (page 😎

It's interesting that the Federal Trade Commission website (http://www.consumer.ftc.gov/articles/0181-unordered-merchandise)  has nothing about making it available for the sender to collect it.

[casbit33]

 i know the buyer really is in the box seat. If a business sends you a  product you did not order and expects you to pay for it - you don't have to return it or pay for it - they have to pick it up and have 3 months to do it.  i would just like to hope that in this case the buyer is honest enough to return it.

[cq_tech]

Unsolicited maild does not have to be returned by the buyer but the buyer must give the seller 90 days fair & reasonable access to the property in order to take delivery of their goods. To do anything else is theft.

[treasure.coin.chest]

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@cq_tech wrote:

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@joethenuts wrote:

to cq and dave ,  you are forgeting something , she has not stolen anything ,what can acorn do ,[nothing]   at best the buyer could say oh i got a parcel ,she does not have to send it back to anyone , she can say ok pick it up .  she has wasted her time going to a postoffice picking up something that is not for her ,  now you want the buyer to package it again and take it to a postoffice, again mmmmmmmmmmmmmmmmmmmmm   its not going to happen .

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So she hasn't stolen anything, you say? Read the definition below then tell me again that she's the innocent party in this business. The moment she refused to return the item, she stole it. QED.

steal

stiːl/

verb

verb: steal; 3rd person present: steals; past tense: stole; gerund or present participle: stealing; past participle: stolen

1. 1.

   take (another person's property) without permission or legal right and without intending to return it.

   "thieves stole her bicycle"

   synonyms:

   purloin, thieve, take, take for oneself, help oneself to, loot, pilfer, abscond with, run off with, appropriate, abstract, carry off, shoplift; More embezzle, misappropriate; have one's fingers/hand in the till; informalwalk off/away with, run away/off with, rob, swipe, nab, rip off, lift, ‘liberate’, ‘borrow’, filch, snaffle, snitch, souvenir; informalnick, pinch, half-inch, whip, knock off, nobble, bone, scrump, blag; informalheist, glom; informalsnavel; informaltief; archaiccrib, hook; rarepeculate, defalcate; informalwalk, go walkies "the raiders stole a fax machine" theft, thieving, thievery, robbery, larceny, burglary, shoplifting, pilfering, pilferage, looting, appropriation, misappropriation; embezzlement; rarepeculation, defalcation "he was convicted of stealing"

   • dishonestly pass off (another person's ideas) as one's own.

     "accusations that one group had stolen ideas from the other were soon flying"

     synonyms:

     plagiarize, copy, pass off as one's own, infringe the copyright of, pirate, poach, borrow, appropriate; More informalrip off, lift, pinch, nick, crib "he alleged that his work was stolen by his tutor"

   • take the opportunity to give or share (a kiss) when it is not expected or when people are not watching.

     "he stole kisses in shop doorways"

     synonyms:

     snatch, sneak, obtain stealthily, get surreptitiously "she was a beauty, and he'd often wanted to steal a kiss"

   • (in various sports) gain (an advantage, a run, or possession of the ball) unexpectedly or by exploiting the temporary distraction of an opponent.

     "he stole the ball from Kevin Scott to run on and score his seventh League goal"
   • Baseball

     run to (a base) while the pitcher is in the act of delivery.

     "he claims he can steal a hundred bases this season"
     

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Received a telephone call this morning from Australia Postal Inspector Mark ***********, to inform me that the person under investigation for being in the possession of mail not intended for her, has now owned up to receiving and retaining postal articles, in that knowing that the said item was not intended for her.

cctv clearly showed her being given the parcel, a long with other mail that required a signature. Customer is well known to the counter staff at this AP Outlet. (country outlet nsw.)

Customer knew that the second parcel came from me, two parcels identical in size, and my hand writing. Customer thought that l had sent her " a gift " for buying from me.  If that was the case, l never received a thank you, just silence.

l did not want to press charges, or lay a formal complaint charge, said customer has apologized to me and AP. Items being sent by AP back to me. Thank you all for your help, in the end with ground work from AP, the truth has finally come out.

[lyndal1838]

Great outcome....and it flags the buyer if there are any future problems with other sellers.

[treasure.coin.chest]

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@cq_tech wrote:
I'd be adding her to my BBL immediately then sending her a copy of the AP tracking advice which provides evidence that the first parcel was indeed delivered, then ask her if she intends paying you for it, returning it at her expense, or giving it to the nice policeman who will doubtless be calling at her door to pick it up on your behalf.

I have no time for thieves or liars and regardless of the value of the item, I'd be chasing this woman to the ends of the earth until she gives up in disgust and finally reimburses you (or suddenly finds that the AP delivery drivers "misplaced" it when originally delivered last week). The ball is in her court now and she has plenty of opportunity to do the right thing.

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Plus a big thank you to the person cq_tech, your hunches were right all along. When confronted with the AP Tracking evidence and her being well known at her "Local"  AP Outlet, she apparently had no option but to come clean and tell the truth.

As lyndal1848 has said, this person is now "marked" at her Country AP Outlet. People know people, and words spread fast on those who try to not do the right thing.

@Missing parcel sent to 1st. buyer on 15/7/15 @ 9:47am  to 2765 Riverstone NSW.  LPS   AP Tracking No. 51005785623011

Carded to #$%^&  on 20/7/15 no one home. Attempted Delivery.

@Item picked up at Riverstone LPS NSW, @ 10:37am Sat. 25th July 2015 

Now have beyond proof that 1st. buyer has both parcels. One hers, another not hers, nor paid for by her.

All of this effort to gain $45 worth of items, not intended for the recipient in question. Very sad, as this ebayer has now "lost" face & respect in her community. She has brought her own outcome upon herself, instead of being "honest" in the first place.

[treasure.coin.chest]

sorry could not remember if you were 1838, 1848, or 1858, l picked the wrong one. did not want to loose my screen when typing, memory not good for this " old duck". sorry lyndal 1838.

[lyndal1838]

No apology needed....most of us shorten IDs anyway.....cq_tech is known as cq and I am known as Lyndal.

If you do lose a screen when answering you will find it has been auto-saved.

Just click on the Reply button on the post you were replying to and when the window comes up you will see a message at the top giving you the option to Reload or Discard.   Hit Reload and most, if not all of your post will reappear.

[treasure.coin.chest]

thank you for the tip, good to know, have written it down. just call me gully.