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Received unrequested package, sender withholding money until return.

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BoldtPowerMac

Junior Member
What is the name of your state? MN

I purchased an item on eBay, and when I got it, it was defective. The auction allows returns, so I asked them about it and they told me I could return it if I wrote some specific number on the package and if I wrote on the package if I wanted a refund or exchange for another item. I replied to the e-mail and said I wanted a refund, and wrote "REFUND" both on and inside the package, as per their instructions. I also indicated this when requesting the special number they required my to write on the package.

A couple weeks later, I get another package in the mail, and I clearly have asked for a refund in several different ways. I did not request this second package that I have received, and therefore I am not responsible for it. I did not sign for delivery.

I have done exactly what they asked, I sent back the defective item, they received it, and now I believe that they are obligated to give me my refund. I told them this and they said that I have to send the second package back first.

I believe that I am not responsible for doing that, and I believe that it is unlawful for them to withhold my money until I correct their mistake. I am not liable for their mistake package, nor am I obligated to take time to go have it sent back to them again.

Please somebody tell me that I am not responsible for this package that I specifically asked them not to send and that I am entitled to my refund right now. I can show this thread to that seller and maybe they will see that they indeed need to pay me my refund without further delay.
 


Zigner

Senior Member, Non-Attorney
Why don't you just send the item back? What are you trying to prove? You are playing a game, and you aren't holding the winning cards right now.
 

BoldtPowerMac

Junior Member
I don't think it's my responsibility to make a trip to the post office and it's out of the way for me.

Remember when record companies used to send records in the mail and if you didn't want it, you were supposed to send it back or pay for it? Now there are laws that protect us from that, from the hassle of having to send back an unrequested package. I don't know how to find those laws.

Eventually I may go to the post office for something and I could bring the package along to send back, but I want my money back right now, and I'd have it if they didn't screw up. I'm not trying to get a free item; I don't even need it anymore. I don't think I should have to go through the trouble to fix their mistake before they let me have my money. Does anyone agree from a lawful perspective?

I don't want to hear "you really SHOULD return it to them". Someone please verify with me that legally I don't have to make a special trip to send back this unrequested box to get my money back.
 
there's nothing legal about it. if you want your money back, go to the post office and return the package. the longer you drag this out, the later you will get refund. so someone made a mistake and it happened to be with your account. deem it human error and move on! hope you get your $ back sooner than later!
 

Zigner

Senior Member, Non-Attorney
I don't want to hear "you really SHOULD return it to them". Someone please verify with me that legally I don't have to make a special trip to send back this unrequested box to get my money back.
This forum is not called "tellmewhatIwanttohear.com" for a reason.
I'll give you some ideas though. Perhaps you can work out with the vendor to provide a USPS package pick up. Perhaps you can work out with the vendor to provide a UPS Call Tag service. Perhaps you can work out with the vendor for them to send FedEx to pick up the box...

You have to get the package back to them if you want your money back. This is NOT a simple matter of just receiving a totally unwanted and unrequested item in the mail (even though you seem to think it is.)
 

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