Legal Question in Credit and Debt Law in Massachusetts

Hello,

I run an ecommerce website in the UK. We had two customers from the US place an order each with us. Due to a mistake in our warehouse the shipping labels were mixed up and each US customer received the other one's order.

The first customer was very co-operative and we have collected the incorrect item from him and sent him a new order.

The second customer didn't respond at first, then said he was willing to help for $300 / hour and couldn't specify a time when he could wait in for a collection. Now he is refusing to respond to emails or calls.

He has admitted receiving these goods. I believe that according to the law, he has no rights to the goods. I would like to send him a deadline to respond and state that if I don't receive a response then we will invoice him for the goods. Assuming this happens then I would envisage issuing the invoice and referring it on to a debt collection agency.

Please let me know if you believe I have legal grounds to go down this route, or if you'd advise a better course of action. I will probably be looking for a US based lawyer to help.

Thanks,

AS


Asked on 3/19/10, 5:18 am

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Have you provided the customer with a refund for his original purchase? Since he did not receive his correct order, make sure that you provide him with a prompt refund or immediately re-ship him the correct goods.

I think as a first step, you may want to simply provide him with the means to return the items or goods at no expense to the customer - provide him with shipping labels, for example, and give him a certain number of days. You may already have done this.

If that doesn't work, I would do just as you suggest - send him an invoice for the cost of the goods accepted by him and give him a deadline. If you are looking for an attorney here in Massachusetts, please feel free to give my office a call. It is possible that a case like this could be taken on a contingent basis.

My answer is, of course, dependent on the value of the goods at issue here. I assume we are talking about something of value which would warrant the effort of collection.

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Answered on 3/24/10, 6:47 am


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