Shipped to customer by accident after providing refund. help

adam34996 · #1 08-29-2011

I had a customer order a $600 item. After the order she said a mistake was made and she wanted to cancel.

So I canceled her order thinking my shipper had not been there yet but I was wrong. It was shipped and delivered.

I sent her 3 emails in the last week with no response. I contact Amazon requesting her phone number but of course they are not responsible and cant do anything.

Any ideas on how to scare her?

I made this mistake once years ago - shipped a LCD tv to a person who ordered a Dvd! - I had to eat it.

Anyone have any threatening lawyer letter templates

I am not going to hire an attorney for $600 but I want to do everything I can to scare her.

Thoughts?

rsot · #2 08-29-2011

1. Where is the location?

2. Try to find a phone number from public records.

3. Sadly, the odds are not in your favour.

Melissa1971 · #3 08-29-2011

Let her know to leave a note on her door that she refuses the item from so and so location then she doesn't need to pay to send it back

Otherwise it depends upon the shipper but I believe it's either Fed Ex or UPS that you can contact to have the item halted from delivery.

Hrad · #4 08-29-2011

Not sure what to do but that is why I always make sure I haven't shipped the product yet. Especially if it's a situation where you're technically doing the buyer a favor because they are the ones who want to cancel. You can afford to make them wait for a bit.

cherrqell · #5 08-29-2011

Quote:

Originally Posted by adam34996

I had a customer order a $600 item. After the order she said a mistake was made and she wanted to cancel.

So I canceled her order thinking my shipper had not been there yet but I was wrong. It was shipped and delivered.

I sent her 3 emails in the last week with no response. I contact Amazon requesting her phone number but of course they are not responsible and cant do anything.

Any ideas on how to scare her?

I made this mistake once years ago - shipped a LCD tv to a person who ordered a Dvd! - I had to eat it.

Anyone have any threatening lawyer letter templates

I am not going to hire an attorney for $600 but I want to do everything I can to scare her.

Thoughts?

Well, this is a very difficult situation, and to get your money back will take a lot of work, and luck. Hopefully this person is out of town, or indisposed, and can't get back to you at the moment. Most people are pretty honest, and would return the item, I know I would. If you are dealing with an unscrupulous individual, Amazon will not be much help. If the location is close enough, you can take them to small claims court. You should have all the documentation to prove your point. Another option, also if location is not too inconvenient is to pay a friendly visit, and see if you can convince them to release your property. Other than that, your options are pretty slim. Good luck, and just when you think your odds are worst, this person may surprise you, and you may reacquire your faith in humanity.

Road-Kill · #6 08-29-2011

You might want to turn it over to a collection agency. They can threaten the customer better than you can.

They might take a large chunk if they collect, so shop around for prices.

ovidiu · #7 08-29-2011

If you are dealing with an unscrupulous individual, Amazon will not be much help

Correct. Amazon clearly states on its pages that the buyer is NOT required to return the item for a refund, or after a refund. Probably illegal, but hey, what do they care!

rsot · #8 08-29-2011

Interesting idea about collection agency - the problem I see is about the contract and stuff in writing.

ovidiu · #9 08-29-2011

Correct me if I'm wrong, but would a collection agency even be interested in this sort of job? Is it possible to use zabasearch or Intelius, get the buyer's phone number, and contact them directly?

GTB · #10 08-29-2011

@cherrgell...no mate....your gay

op,if the buyer lives not too far,take a trip there

like cherrgell said,the buyer may not be able to get back to you

you should never refund until the goods are returned!!!

cherrqell · #11 08-29-2011

To protect the sheep you gotta catch the wolf, and it takes a wolf to catch a wolf.

Alonzo Harris
"Training Day"

Road-Kill · #12 08-29-2011

I've used the collectors in the past. I don't remember them being too fussy. They do take a big chunk of what they collect, but seem to work with the motto that the person they are trying to collect from is guilty until proven innocent.

They send out a letter and unless the customer disputes the bill in 30 days, it is considered valid. It depends on the collector, they don't all operate the same either.

E-mails are considered written communications. Facebook just had a huge legal battle over E-Mails.

Gamefreak · #13 08-29-2011

Send a certified letter requesting the item be returned otherwise you will be forced to take legal actions.

Include your name, company and phone number should the buyer decide to contact you.

You have all the information you need to file a lawsuit.

Otherwise its your mistake, eat your losses.

adam34996 · #14 08-29-2011

Just to clarify - I didnt refund her before she returned it. I canceled the order not knowing it had already shipped. Communication error.

But thanks for your thoughts.

She is in TN and I am in Ohio. In my younger years I would have considered driving down but I can brush this off if needed.

Having an attorney do anything would quickly equal the amount of the product.

Collections probably wouldn't work because no legal sale took place. It wasnt even a crime, just a mistake made by me. She could claim she never received it.

Its weird - I googled her name which was very unique (so I doubt I found a double in the same city), and she came back a ear nose and throat doctor. I cant imagine a doctor is so hard up they would need to steal. Hopefully shes just busy/ out of town.

I am going to write a more threatening email and then send a certified letter after.

Wish me lucK...though I have my doubts.

Road-Kill · #15 08-29-2011

Good luck...

Here's some free legal advice about the way the legal system works. In most states under $7,500 is a small claims matter, and attorneys aren't allowed in small claims court. So it does no good to threaten them with getting a attorney.

Most small claims courts will let you file online with services like Turbo Court. So you could sue them without leaving your house, if the court has this service. You would have to sue in the proper venue, which is where they live. So someone would have to appear in court and thats the worst part.

If you do get a judgement, you will still need to collect on it. And that can be a hassle too.

The Avvo.com web site has thousands of threads with legal advice.

Melissa1971 · #16 08-29-2011

I'd absolutely call her at work. I'd never email the Doctor. Leave your reason with their secretary w/ your name and phone number. I agree, Doctors don't generally steal so that would not be a concern of mine at all.

She won't want you constantly calling her at work....

ovidiu · #17 08-30-2011

I've been to small claims court (plaintiff). It's a big hassle and the judge has too much discretion. Sometimes making it simple has its downsides.

adam34996 · #18 08-31-2011

I sent her this email last night...

Carol,

Because you did not respond to the previous four emails, further action is required.

We will be contacting the South Milwaukee police department to file a report that our attorney drafted. A hard copy of the report will be mailed to -

2424 15th Avenue • South Milwaukee, Wisconsin 53172

The report will include our email correspondence along with the delivery confirmation to your address associated with tracking # 9101900007541330357565

Delivered
August 20, 2011, 1:02 pm
SOUTH MILWAUKEE, WI 53172
Delivery Confirmation™
Out for Delivery
August 20, 2011, 8:19 am

The amount for the theft claim will total $719.35 for the full amount of the returned payment.
We have also been in correspondence with Amazon and they are aware of the situation.
We will be filing this claim on September 1st.

Just got a message from her saying she was out of town on business and she will be returning the merch tomorrow.

She sounded very genuine and she called from her doctors office so part of me believes her. Just very strange that the response coincided with my threatening email.

Oh well im happy! Less learned - be more careful!

Road-Kill · #19 08-31-2011

Over $250 you need signature confirmation, so hopefully the buyer doesn't know this since delivery confirmation isn't enough proof.

JRYAN34 · #20 08-31-2011

Quote:

Originally Posted by Road-Kill

Over $250 you need signature confirmation, so hopefully the buyer doesn't know this since delivery confirmation isn't enough proof.

dont talk if you dont know what your talking about

slapped · #21 08-31-2011

Whenever you start to do your shipping make sure you have a Good Strong cup of Coffee to WAKE you up,,,,,and for Petes Sake on items that expensive,,get signature confirmation.,,

Almnost Impossible to deny that you did not recieve the item

cherrqell · #22 09-01-2011

Quote:

Originally Posted by adam34996

Just got a message from her saying she was out of town on business and she will be returning the merch tomorrow.

She sounded very genuine and she called from her doctors office so part of me believes her. Just very strange that the response coincided with my threatening email.

Oh well im happy! Less learned - be more careful!

What I tell ya....out of town, or indisposed, and most people are honest, and your faith in humanity will prevail.

Glad it all worked out.