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Lost ebay package - what would you do?

Hey all,
Was wondering what you would do. I bought a card on ebay about a month ago and it has not arrived. It wasn't an expensive card, a little over $20 including shipping. I contacted the seller and he suggested I file a lost mail complaint with the post office. That is all fine and good but it does not do anything to get me my card. We have emailed back and forth a bit and finally I suggested that we split the cost of the card and S&H because I do not expect to ever see it - I thought this was more than fair. He gave me the spiel that he can't be responsible for lost or damaged packages and that is what insurance is for and yada yada yada - he also puts a disclaimer on his auctions to the same extent. I'm pretty sure ebay's policy might negate at least portions of this disclaimer. I will admit that I use a similar disclaimer on my auctions, although I do use DC to confirm if my item is delivered or not and like to think that I would make good on an item that isn't delivered.

I paid with Paypal so I am almost certain I can get my money back - I have a couple more weeks on the allowable 45 days. He charged $5.00 shipping and from what I gather he probably sent it in a regular envelope and I know he did not use DC. I don't mind paying stated shipping costs if the item actually arrives in advertised condition. He has been good about replying to emails, says he can produce a mailing receipt (not a DC), is friendlier at some times than others, but is not especially helpful. Looking at his feedback and the feedback he has left for others I figure there is a pretty good chance that he will leave me a negative, potentially on the 90th day after the auction. This would be my first negative.

Is it worth it? Suggestions are welcome. Thanks, Adam

Comments

  • kuhlmannkuhlmann Posts: 3,326 ✭✭
    did he give you dc #'s? if not and he is charging 5$ to ship 1 card? thats insane to me.. you have a link to this auction? a mailing reciept should have your address on it. although for 5$ he should be paying for insurance on his cards. id like to see the link before i said to file with paypal or neg him first.
  • ctsoxfanctsoxfan Posts: 6,246 ✭✭


    << <i>says he can produce a mailing receipt (not a DC), >>



    For $5 shipping he couldn't spring for the 55 cents for delivery confirmation? (I think that is the retail cost, I print my labels online, and DC is only 13 cents that way). The seller is responsible for getting the item to you, and a receipt will probably only show a town / zip it was mailed to, not your address exactly. I'd ask him for a refund.
    image
  • phreakydancinphreakydancin Posts: 1,691 ✭✭
    "We cannot be held responsible for lost packages" is meaningless in an eBay auction if you pay with Paypal. File a protest with PP immediately and get your money back.

    You have given him a chance to deliver, and to give you a refund volutarily, and he hasn't. Screw him. Get your refund through Paypal and neg the jerk. Don't sweat the retaliation, especially if you are primarily a buyer. Too many soured deals go un-negged because buyers are afraid of retalitory feedback. WHY?
  • I'd ask the guy for a scan of the receipt - some shred of evidence that he mailed it and didn't just eat your card. If he can produce that, I'd drop it and move on. $5 sounds like a lot if no insurance. To avoid stuff like this, I just make insurance mandatory on all my auctions, but even so, it's still less than $5 for a $20 card!

    Brian
  • earlycalguyearlycalguy Posts: 1,247 ✭✭
    his oost office receipt means nothing if you paid via paypal. he has to produce a d/c number. you were fair in offering for paying for half. file a paypal claim. i'd be more concerned about getting my money back than the feedback. paypal will overrule his disclaimer in the listing.
  • you knew the cost of shipping, you knew what you bid in $$ amount. If he can show you a bill with your zip(not address-doesn't happen), he did his part. YOU should of asked for insurance! Is he responisble for USPS problems. I worked for my father in the middle 80's, One of his best friends mailed a insurance payment across Houston.... It show up in the office 7 years later...................
  • That's BS. Anyways screw these sellers who charge ridiculous shipping charges only to state some crap about not being responsible. If you pay $5 for a guy to send a single $20 card it should be sent with insurance and DC no excuses. I'm sick and tired of these sellers getting away with gouging shipping which is in direct violation of Ebays TOS. And to make things worse the Powersellers are often the worst offenders, imagine that.
    Collecting
    Minnie Minoso Master and Basic
    1967 Topps PSA 8+
    1960's Topps run Mega Set image
    "For me, playing baseball has been like a war and I was defending the uniform I wore, Every time I put on the uniform I respected it like the American flag. I wore it like I was representing every Latin country."--Minnie Minoso
    image
  • earlycalguyearlycalguy Posts: 1,247 ✭✭
    the amount you paid for shipping - too high or too low - has nothing to do with it. you paid via paypal and the seller has to provide an online proof of delivery.
  • Engineer

    You will automatically win a paypal dispute because the seller doesn't have online proof of delivery. But it might not be in your best interest to file a paypal dispute for $20. Keep in mind that paypal only allows you to file two disputes a year. You never know when this will happen again. You'd be out of luck if something like this happened with a $500 card and you had already filed two disputes within a year. I guess what I'm trying to say is that you lose all paypal buyer protection after filing two disputes. Use the disputes wisely.
  • I recently had a similar experience. Here is a thread on it. I paid for ins. and items were never received. Shipping label was made online, seller sayes he self insured, and package picked up by USPS at sellers house so it was never scanned into the system. Long and short is seller only wanted to auction prices and keep $9 shipping and ins. I told him I felt I should receive 100% refund because I'm not returning them, they were never delivered and anything less then 100% refund or the coins would result in a neg. I got my refund but forum members seemed to think this was feedback extortion. I thought it was fair. Joe
  • Brian48Brian48 Posts: 2,624 ✭✭✭


    << <i>I'd ask the guy for a scan of the receipt - some shred of evidence that he mailed it and didn't just eat your card. If he can produce that, I'd drop it and move on. $5 sounds like a lot if no insurance. To avoid stuff like this, I just make insurance mandatory on all my auctions, but even so, it's still less than $5 for a $20 card!

    Brian >>



    ditto.
  • NickMNickM Posts: 4,895 ✭✭✭
    kuntryboy is dead wrong. PayPal places no limits on the number of times you can make a successful complaint for nonreceipt of goods.
    I had 3 successful recoveries for nondelivery in a 2-month span this year (1 complete recovery, 1 partial recovery, and another complete recovery where the seller sent the cards out without DC after I made the complaint, so I repaid him when I got the cards).

    Nick
    image
    Reap the whirlwind.

    Need to buy something for the wife or girlfriend? Check out Vintage Designer Clothing.


  • << <i>kuntryboy is dead wrong. PayPal places no limits on the number of times you can make a successful complaint for nonreceipt of goods. >>



    Actually, NickM, you are the one who is dead wrong. I was only partially wrong in that the limit is 3, not 2.


    image


    Like I said, use 'em wisely. Your paypal buyer protection is gone afterwards.

  • Carew29Carew29 Posts: 4,025 ✭✭

    Bottom line is you did not get your card and you want your money back. File it with Paypal and let the chips fall where they may. Just don't leave any feedback on ebay. If he negs you, you can always put your Paypal case number in your response under the neg.

    Or just eat the $20 ( Equivelent to 1 movie/popcorn/coke) and call it a night.


    '"Never tell a joke that ain't funny more than once!!"
  • phreakydancinphreakydancin Posts: 1,691 ✭✭
    The year is more than half over. File the dispute.
  • WinPitcherWinPitcher Posts: 27,726 ✭✭✭
    I think at one time it was 2.........I remm reading that you were allowed 2 during the calander year.

    complaint for nonreceipt of goods.

    I think Nick may be right for non reciept

    the 3 per yr (former 2) is for items sent not as described? or damaged etc.
    Good for you.
  • NickMNickM Posts: 4,895 ✭✭✭
    PayPal Buyer Protection is NOT PayPal Buyer Complaint
    PayPal's explanation of buyer rights.

    Buyer Complaint does not have the 3-per-year limitation.

    Nick
    image
    Reap the whirlwind.

    Need to buy something for the wife or girlfriend? Check out Vintage Designer Clothing.
  • DaBigHurtDaBigHurt Posts: 1,066 ✭✭
    You paid for something. You never received what you paid for. Either the seller makes good or you file a complaint to get your money back. Nuff said.
    image

    GO MARLINS! Home of the best fans in baseball!!
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