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 wrightsracing
 
posted on March 20, 2002 02:35:59 PM new
Thanks for your help and for listening....sorry so long. I sold a jacket in early nov, buyer was slow in payment,she also asked for reduced shipping charge.{I did, mistake #1} ...so we did a layaway, ..Great... She paid the balance off in early Dec. .. I mailed her the jacket,{it was new, never worn}.... She emails me and says that the jacket was delivered Damaged. saying is was cut open with a sharp knife across the back of box. almost across the entire back of the box...I can be pretty sure saying, as well as the post office can, that the box was NOT delivered that way. {no insurance threw PO} As they have a policy to which they stamp and would put tape on the box. This one had neither. ...... I also learned from talking with the buyer, that her 12yr old son opened the box.... Myself and several others have said, that by looking at the box and the jacket {which I have both}feel that the 12 yr old did not know how to open the box.......My 1st mistake was I asked her to send me the jacket back,{so I could look at it} when I should have had her take it back to her PO and had them look at it, and give a statement. My mistake #2, you learn as you go. ..... After recieving the jacket back, I took it to my main PO and had them look at it, and the superviser said that she felt also by the way the box is taped and all, the son had no clue as how to open it, and just took a knife to it, her Opinion, and stated that most likly the carrie would have noticed it being cut the way it was........ I asked that say write me a letter stating her OPINION and the PO polices on this issue. {that was before xmas} never came. ......Buyer filed fraud charges with ebay against me, 12-18-01.......did my part stating the facts,. ....The end of Jan 02, the buyer files a complaint with a co. in fl. I recieved notice yesterday that I have 30 days to respond..... I call my post office and ask for the letter, no call back, call again late today, and speak with the main man, he says he can't find the policy in any PO code book, that says they are to "stamp /and /or retape a damage box.......... I guess with out this info, it is her word against mine. I know most buyers are honest and I have sent many items that have gotton lost where they did not purchase ins......somthing with this one just doesn't set right with me........has any one had this happen to them.....and if so what was the out come......do I need to seek a lawyer.
 
 lindajean
 
posted on March 20, 2002 02:46:21 PM new
I used to state "If you choose not to insure then I have no responsibility" at the end of all my ads. That didn't work! If lost or damaged, the customer ALWAYS expects reimbursement.

Having learned along the way, I build in an extra fifty cents on each package shipping and use the money to handle problems such as this. If item happens to end over $30 I go ahead and purchase PO insurance anyway to protect myself.

After 3 years on Ebay, that is the only way I have been able to keep everyone happy. You seldom have a problem, but it is nice to be covered when you do.

I personally have never had the nerve to tell a buyer "too bad" if they asked for a refund whether or not they purchased insurance. By setting up my own fund to cover such losses as yours, I am protected regardless of what happens.

Unless the item sold for hundreds of dollars, I would just refund the cost and forget it. It really isn't worth the hassle and certainly not worth lawyers fees.

 
 ahc3
 
posted on March 20, 2002 03:28:45 PM new
At this point you should probably just refund. What you should have done is not accepted the item back based on the type of damage, esp. if the person admitted their kid opened the package. You can't be held responsible for something after it is delivered.

Live and learn, it is easier just to move on than deal with aggrivation...

 
 ashlandtrader
 
posted on March 20, 2002 07:35:27 PM new
What if you just send it back to her (and use signature delivery for proof of reciept?)
I'm not sure what I would do if I were in your shoes, but if you have proof that you sent it back since her kid damaged it, then you wouldn't need to worry about fraud charges.

 
 wrightsracing
 
posted on March 20, 2002 09:18:51 PM new
Hi All,.... I did send it back to her with PO insurance and return reciept, and she refused to accept it, that is why I have it, and not her. the PO returned it back to me. Talking with the PO man today, he made the statment to me saying.." The PO shouldn't offer insurance on any package, because of the fraud claims and so forth."...very interesting, don't you think. Thanks all for the support.
 
 quickdraw29
 
posted on March 20, 2002 10:50:54 PM new
The problem for the buyer is that she already had accepted the package and opened it. Now it looks as if she caused the damage. She doesn't have a case against anybody.

She admitted the box was cut open across the box with a sharp knife, so it clears you from any fraud charges. Did you save her emails?

I'd tell her that you will sell the item on ebay and give her half, or she can take the item and do whatever she wishes with it. She was trying to walk all over you, and now it's comng back to bite her on her- you know what.
[ edited by quickdraw29 on Mar 20, 2002 10:52 PM ]
 
 wrightsracing
 
posted on March 29, 2002 08:40:57 PM new
quickdraw29, Says, The problem for the buyer is that she already had accepted the package and opened it. Now it looks as if she caused the damage. She doesn't have a case against anybody.

She admitted the box was cut open across the box with a sharp knife, so it clears you from any fraud charges. .....You have it right... quickdraw29.. Please tell me WHY, Ebay does not see it that way....... I am sending all info to the dept. of Agriculture and consumer services.Copies of emails,{yes I saved them all}and the fraud report on ebay, and a letter from the PO CARRIER, who wrote and said "..she did not "notice" that the box was damaged when she delivered it. Also have a letter from the post master, stating their polices for damaged items, which is....they will retape it, and stamp it saying has been damaged.{which the box did not have} and several pictures of the box and the jacket. ..............It is the point where if you make a mistake, own up to it {in this case, your 12 yr old made it}, I make mistakes,{I'm not perfect} and I tell the buyer when I do, It is called being HONEST. It is good customer service.............................I just had another buyer give me a neg, as she said the PO damaged the item and SHE did also when she opened it, {admitted in email}...I replyed back to her saying, since she purchased insurance, to send me back the sign, and I would send her a replacement, and the postage she paid to send it back to me. I kept repeating in the email, for the damage caused by the PO. ... Guess what... 2 weeks go by, she wants to know where her new sign is ??... I reply back, send me the sign that the PO damaged, and I will send you a new one....She says...I don't have time for this....so I am pretty sure I can say, that the PO didn't do ANY damage to the sign, SHE did it all. I wanted to say GROW UP... Some days....Get HONEST and BE HONEST. .....Thanks all for your support.
 
 stopwhining
 
posted on March 29, 2002 09:16:22 PM new
may be you should switch and sell GINZU KNIVES.

 
 quickdraw29
 
posted on March 30, 2002 06:40:50 PM new
" Please tell me WHY, Ebay does not see it that way...."

What did ebay say about this? I can't even fathom ebay pursuing this.
 
 fluffythewondercat
 
posted on March 31, 2002 07:15:00 AM new
No, eBay would not pursue a claim like this. Looks like the buyer filed a fraud report.

Here's a dirty little secret of eBaying, wrightsracing:

Fraud reports mean NOTHING. Anyone can open a fraud report for any reason at any time and it still boils down to your word versus theirs.

I would expect your dimwitted buyer to open a Square Trade case next, in an effort to further intimidate you. Here's another dirty little secret: Square Trade is meaningless and useless. When you get the email from Square Trade, ignore it. You will get two subsequent emails wondering why you haven't responded. Ignore those too. Square Trade has no power to resolve anything, and no interest in helping you out; they just want to collect a fee from you.

The worst thing this buyer can do is to neg you, and that's not so awful. I would NOT reimburse the buyer for this item. Relax and get on with your life.

 
 wrightsracing
 
posted on March 31, 2002 07:16:02 AM new
I didn't email ebay directly with all of this, as I filled out the fraud report stating all of this, and would have thought that they would have droped it,but I guess not, does a "real" person read the comments that are placed in a fraud report. This is all new for me, and I pray it's my last time.......Should I send a email to ebay again, with all of this info... and who, what address do I send it to. Thanks for all of the help.
 
 kasue
 
posted on March 31, 2002 07:34:27 AM new
"Square Trade has no power to resolve anything, and no interest in helping you out; they just want to collect a fee from you."

That is so true!!! I went to them with a very simple problem to solve. A lady wrote me a very nice feedback and then clicked "negative". All they had to do is contact us both and then remove it. I had to pay $20 for them to do the paperwork. They couldn't even do that right. The lady cooperated and told them what happened, and that she wanted the negative removed. I saw her report on the Square Trade site. Because she never went back the last time to sign off, they wouldn't remove the neg. They said she didn't cooperate. Baloney! Her statement is right in the report. I saw it!! I pointed this all out to Ebay and to Square Trade twice and they still won't remove the neg. They did refund my money. They are so incompetent it blows my mind!

 
 fluffythewondercat
 
posted on March 31, 2002 08:49:05 AM new
wrightsracing: The only live people who read the fraud reports are you and possibly your sucky customer.

If I were you, I would just drop it and forget about the whole thing. I probably have two or three open "fraud" cases. I haven't looked in many months. Nothing happens. You don't get suspended from eBay. These "fraud" cases are rarely resolved. It's just another tool for outraged people to blow off steam.

kasue: I've been contacted by Square Trade four times on behalf of scamster customers. I'm figuring that in the "will remove neg feedback for cash" scam, Square Trade splits the $20 fee with eBay and they both go away happy.

eBay knows many sellers are terrified of getting a neg. Has it ever occurred to anyone else that the feedback system is the way it is because eBay plans to make removal of negative feedback a profit center?

 
 
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