kasue
|
posted on September 29, 2003 06:05:33 AM
I bought a glass pie pan on July 15. Paid with PayPal. Received it in one of the free USPS 13" x 11" x 2 1/2" boxes. As soon as I picked the box up, I knew it was broken inside because it really rattled. I emailed her and told her she should never have shipped it in such a shallow box. She said she had shipped them before in that type of box with no problem. Said she had a replacement one and would send it to me but was moving and it would be awhile, but she would stay in touch. I have been emailing her periodically with lots of excuses returned. I think the opportunity to neg her has just about run out. I have never opened the box up and have offered to send it back to her in its original packaging so she can see that it is broken. I am sure I can do a charge back because of the PayPal payment, but I really tried to give her every opportunity to do the right thing. I can't wait any longer because I believe in leaving negatives when they are justified. Has the time about run out? Thank you.
|
stopwhining
|
posted on September 29, 2003 06:12:05 AM
did she use delivery confirmation??
if she did and she shipped to a confirmed address,her ass is covered.
if you did not take out insurance,she can get away doing nothing for you.
-sig file -------The thrill is gone!!
|
AuctionAce
|
posted on September 29, 2003 09:19:56 AM
The info about Delivery Confirmation and confirmed address are critical to Paypal issuing a refund.
You still have, at a minimum, until 10/15/03 to leave a feedback and maybe a few weeks longer as the 90 day period can often be much longer.
The seller can retaliate out of spite on any just and fair feedback given by you.
-------------- sig file ----------- *There is no conclusive evidence that life is serious*
|
kasue
|
posted on September 29, 2003 09:42:58 AM
I paid for insurance but I don't seen any marks on the box indicating that she purchased it. I don't see anything on it other than the label printed out at the post office showing the cost of shipping. I'm not concerned about retaliatory feedback, I have received it before. There is no point in having a feedback system if you are afraid to use it. She says she can't pay me until Friday because she is changing banks. I paid for PayPal so she can PayPal me back.
|
NEROTER12
|
posted on September 29, 2003 09:43:01 AM
Hi Kasue,
I think if I were you, I'd go ahead and leave the neg already. Its two months now with no reconcilation. You may not get your money or another one if like the others said, she used DC and offered insurance and you didnt opt for it.
I think the seller should at least TRY to pack it right so it doesnt break in transport and according to you, it doesnt sound like she did.
I mean, WTF? You ship me something and you dont even care if it shows up broken? Its a shame Paypal does not cover the buyer for shoddy packing by the seller. Personally, I've shipped out some packages that werent very professional looking; but I was pretty confident they would not arrive broken at least. That is the worst disappointment for a buyer.
|
kasue
|
posted on September 29, 2003 09:52:18 AM
I did pay for insurance. It shows that I did on the PayPal transaction that I looked up. Of course, this is a confirmed address. But like I said there are no marks on the package indicating anything other than the price paid for shipping. She won't apologize for the way she packed it. Common sense should have told her she couldn't pack it like that. The box isn't deep enough for hardly any packing material. I bet she just wrapped newspaper around it because I can hear the contents slide back and forth inside the box.
|
stopwhining
|
posted on September 29, 2003 11:19:49 AM
it sounds like she pocketed the insurance money.
she did not invest in packing supply either,get a box deep enough to contain the item.
you should tell her you would neg her and let other bidders know it could happen to them-pocket the insurance money!!
-sig file -------The thrill is gone!!
|
dcpent
|
posted on September 29, 2003 11:26:06 AM
Too late now, but you should have refused delivery on the parcel.
|
giftsforall
|
posted on September 29, 2003 12:20:56 PM
I believe to get a charge back refund through Paypal you have to request it within 30 days of payment. I would go directly to my credit card company if Paypal won't do it.
As for the insurance: I use the Endicia electronic postage and I use U-pic online to purchase my insurance. The packages I send out do not show they are insured. So there is always the possibility she did the same. If your package had regular postage then she probably simply did not insure it.
However in your situation it would appear she took the money and ran. She should have refunded you months ago if she could not sent out a replacement asap.
Gifts
|
stopwhining
|
posted on September 29, 2003 12:27:35 PM
would paypal take the money from seller and return to her ??
i doubt it as paypal seller protection said seller shipped to confirmed address and took out delivery confirmation.
hindsight said buyer would be better off taking out paypal insurance rather than trusting the seller .
if buyer files chargeback with her credit card company,paypal may have to eat it.then the question is-what would paypal do with buyer paypal account??
-sig file -------The thrill is gone!!
|
stonecold613
|
posted on September 29, 2003 09:24:47 PM
I did pay for insurance
If she did not insure the parcel through the Postal service, then she has committed a federal crime. Tell her to act asap otherwise you will go to the post office to report her. If she doesn't respond, do it.
|
meadowlark
|
posted on September 30, 2003 08:32:47 AM
I agree with Stonecold. If she indicated in her listing that She charges for insurance and you paid it, it may be postal fraud if she didn't but it. Print a copy of the auction before it disppears. Check with local Postmaster to see if this is an auctual legal offense and send seller polite but firm email to that effect if so.
Certainly, also saying that you would have no choice but to leave negative feedback if she doesn't follow through. But don't "threaten" or she can report you to Ebay. I think she's just trying to use delaying tactics on you unitl the 90 days is up.
Good luck,
Patty
|
AuctionAce
|
posted on September 30, 2003 09:04:59 AM
To play the Devil's Advocate a bit, the postal clerks at my post office often forget to stamp 'insured' on the parcels as they chat away about their kids and the weather.
-------------- sig file ----------- *There is no conclusive evidence that life is serious*
|
ahc3
|
posted on September 30, 2003 09:06:49 AM
It may be too late for a chargeback (30 days for paypal, 60 days for most credit cards) but you still have some options. If you paid for insurance and can prove it (and it sounds like you can) and she does not either submit a claim or refund, you can threaten her with bringing the postal inspectors for your fight, and even tell her that you will be contacting her local police department to file charges as well. I had this happen to me once, I took this guy's excuses. I soon found myself outside of the claim period of billpoint. I never received a package, and it was insured. I don't think he took insurance out (not sure if he even sent the package) - But I worked him, and got my refund. He got pretty scared when I told him what I planned on doing.
|
stopwhining
|
posted on September 30, 2003 09:27:59 AM
ahc3,
this is different case,you did not get the package,she got the package,but the item was broken.
-sig file -------The thrill is gone!!
|
ahc3
|
posted on September 30, 2003 09:32:23 AM
The ISSUE that makes them similar is that it appears that insurance was paid for, but apparently never used by the sender. That is a real problem here, and applies for items that were not received, or received broken. If not addressed by the seller, it is fraud.
|
stopwhining
|
posted on September 30, 2003 10:20:51 AM
there is a trend on ebay-sellers are not making enough or feel they are not making enough,so they decide to make money on shipping.in this case,shoddy packing and no insurance.
i am not saying all sellers do that,but some do.
just get a free usps priority box and throw the item in ,and hope for the best.
bidders also have to realise -good packing takes time,packing material such as a strong sturdy box and bubble wrap and peanuts are not free.
not to mention the time to take it to the post office-wait in line,wear and tear on the car,gasoline.
so give the poor seller one buck or two extra for shipping and handling.
-sig file -------The thrill is gone!!
|
TheFamilyBiz
|
posted on September 30, 2003 10:38:54 AM
The comments about paying for insurance and not providing it through the P.O. are a bit off base. And any claims to that point made to the P.O. probably won't bring on the postal inspectors.
What this sounds like is a case for "small claims court." That being said, you probably still have some recourse.
Here's what I would do:
Call my Pre-Paid Legal attorney and have them send an official letter (complete with imposing letterhead) to the seller. This letter would officially demand the refund and would set out what could be done on my behalf if they fail to refund the money or assist in filing an insurance claim. I guess that could involve notice to their state's insurance regulatory body, too.
I've only had to use them a few times for my eBay activities and each time it scares the living daylights out of whoever gets those letters. I only pay a few dollars a month for the coverage and they also review contracts, etc. for us under it, too.
Don't know that there's a way to do this, but I'd also want to notify eBay's Safe Harbor group about the apparent fraud that is being perpetrated on their "venue" by this seller. I'd ask that they properly sanction this seller.
I would also carefully craft a negative feedback response that outlined the problem - and have someone else review it to make sure there wasn't any "personal" or "unprofessional" tone to it.
Wayne
Trying to Make a Difference - One Satisfied Customer at a Time....
|
stopwhining
|
posted on September 30, 2003 10:56:11 AM
i would just neg the seller and move on.
-sig file -------The thrill is gone!!
|
NearTheSea
|
posted on September 30, 2003 12:35:23 PM
I don't know if this has been mentioned, but I use u-pic online insurance, so the package doesn't have the 'insured' stamp on it. Could she have used that...course my buyers all know that I use it, because I do tell them this, and its in my auction ads.
Wanna Take a Ride? Art Bell is Back! Weekends on C2C-www.coasttocoastam.com
|
stopwhining
|
posted on September 30, 2003 12:53:51 PM
she can just weigh the package and find out-usps priority rate plus or minus 1.30 insurance.
if it is insured,the seller would not say,let me send you a replacement,she would send her the paperwork for filing insurance.
-sig file -------The thrill is gone!!
|
bigpeepa
|
posted on September 30, 2003 01:02:07 PM
Kasue,I would like to know how much your loss is?
|
neroter12
|
posted on September 30, 2003 01:25:36 PM
I wanna know if Wayne is running for gov'ner! 
j/k...of course!! lol
|
kasue
|
posted on September 30, 2003 01:26:26 PM
I am out $20.24. After I mentioned that she had charged insurance but didn't pay for it, she says she is going to find a receipt and send it to me so I can make a claim. Right. Put me off all this time.
|
squash5
|
posted on September 30, 2003 01:43:13 PM
I tried giving someone the benefit of the doubt last year, and it never did get worked out. It's too long a story to tell here, but I kept taking the excuses until it was too late to file for anything on eBay or PayPal. So---sometimes it doesn't pay to be nice. After three months I negged this person and he/she complained about that, never mind that I paid the money and didn't get a working product. I don't need any advice--just warning those who try to be nice.
|
tonimar1
|
posted on September 30, 2003 08:23:05 PM
There is also another problem, the USPS will want to inspect the package and when they see that the damage was due to poor packageing they will not pay even if the seller did pay the USPS the money for the insurance.
They (USPS) make a point of inspecting the package and when they see its not due to poor handling by them they will not pay for the damage.
What I would do is to Neg her and just forget about it. She is stringing you along, and hoping that the time runs out for you to do any filing with ebay and for feedback.........You have given her more time then is resonable, so I think now its time to end it, Neg and forget it.
|
kasue
|
posted on September 30, 2003 08:59:17 PM
She claims she will pay me on Friday. I won't know if she has paid me by PayPal or not until I am back from a show on Sunday night late. I have a feeling it will be another excuse. Heck, she got paid plenty for the pie pan (I did a Buy It Now). After I told her I was tired of waiting for her to find the other pie pan she claimed she had, she said she would be listing two more in a couple of weeks. Why now just send me one of those? GRRRRR. This is a relatively small town (10,000) and I know the people at the post office pretty well. I'm not about to give them any grief about the breakage. It is pretty obvious that the reason it broke was the packaging. If she hasn't PayPaled me by Sunday night, I will pick up the phone and call her. I should have done it a long time ago, but she seemed so sincere.
|
TheFamilyBiz
|
posted on September 30, 2003 09:16:11 PM
Teresa,
Really - Gov'ner? Why not President of these here United States of America? Weeeee Doggie!
I actually did hold the role of Mayor Shinn in "The Music Man" - but that was about 20+ years ago...
Come to think of it.... Oh ho! The e---Bay wagon is a comin' down the street. I wish, I wish, I knew what it could be...
|
