- April 12, 2024
- Posted by: legaleseblogger
- Category: Related News
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### The Situation
More than happy to return it and didn’t even know I had gotten an extra one but the fact that their first email was threatening legal action and having their lawyers come after me seemed a bit aggressive when a simple email saying they sent one by accident and asking if I could return it would have done the trick.
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### My Reaction
It pissed me off as I have spent a lot of money with them and I’m half tempted to reply saying I know they can’t do shit internationally and making them sweat a bit before I pay for it.
### Seeking Advice
Any one dealt with this before? And in case the “we will sue you” part didn’t give away the country of the business, it’s America.
### Conclusion
Thanks in advance for any insights or experiences shared. With the help of AI Legalese Decoder, navigating this situation may become less daunting and more manageable.
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****** just grabbed a
Dear Company
Thank you for your message. It appears you have despatched this item to me in error. I am happy to arrange return.
Postage to the US and a reasonable handling charge will be in the order of $XXXX. Please let me know when you are ready to make pre-payment, and I will provide account details to you.
Alternatively, I would invite you to arrange courier pick up from my address at a time of my convenience.
Love,
Cockriverss
It’s up to them to arrange collection. Ask when they are sending the courier.
Tell them to come and pick it up.
I once had a company try and charge me for a laptop I wanted to return.
The method they provided was an air satchel with the declaration ticket that there were not batteries.
I refused to send it because of three batteries.
I ended up with a free laptop.
I would reply and say you are happy to return as long as they pay for the postage.
You shouldn’t have to pay for their negligence.
Alternatively you can claim to never had received said item and it would be on them to prove this. That’s what I would do to screw them around for a while.
If they had of asked nicely, I would have helped them out. But as they went the threatening legal route first, they can follow ‘by the book’, which is they can organise collection from your premises. Don’t package it up or anything, just have them pick it up. After 3 months (I think), you can legally keep it
Under [Australian Consumer Law](https://www.accc.gov.au/consumers/buying-products-and-services/receiving-unrequested-products-or-services),
*If the consumer:*
*
*contacts the business in writing, stating that they don’t want the products, then the business should collect the products within one month*
* *doesn’t contact the business, then the business may collect the products within 3 months.*
*If the business doesn’t collect the unsolicited products within these timeframes, the consumer can keep the products with no obligation to pay.*
Please update us with how you go 🍿
Are we talking Cartier diamond encrusted wathches or a couple of pairs of socks here?
Technically you should return them. As them to send you postage and handling fees first though and watch them go quiet.
The odds of a fully overseas entity launching legal action over mail order are probably next to zero, but it would depend on the value and if they have connections here.
If you don’t want to use this company again then you can probably tell them to get stuffed. (Not legal advice of course)
A couple of paths here. Very different outcomes.
Logistics: Ask for their courier packaging, label, and tracking.
Legal: Direct all correspondence through your legal team (internal or professional services).
They started with an option to go through legal proceedings, not actually commenced it. But it’s an invitation nonetheless.
Most likely one department does their order and despatch (excellent customer service) and another for loss prevention (not so customer-centric). Hence, the polarising customer experience. It’s not personal – yet.
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