Ebay Item Not Received: Who's Responsible?

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Author	Replies: 4 / Views: 1,523
Rigoletto Valued Member United States 287 Posts	Posted 09/14/2007 3:23 pm Hi everyone, I purchased an item on ebay on 8/26 and mailed out a MO on the 27th. The guy acknowledges he received it on 9/1 and says he either mailed it on 9/4 or 9/6 with as many of 14 other auctions at the same time. He paid the shipping costs and insurance was optional. The purchase was less than $50 but enough where you would feel the pinch. Anyways, it has not arrived and I had to pull teeth to even get a response from him as to when he mailed it. I had to go through ebay to get this guy to talk. I told him if he could produce a receipt from the post office proving a package went out to my zip code I would drop it and accept it as lost. He says he is unsure if he can do that. Who is ultimately responsible for the transaction? I thought I read an article in Coin World by a lawyer stating the seller is ultimately responsible and that insurance is only to protect the seller, not the buyer. Anyone know for sure? I read a blog on ebay about this but nobody knew for sure. They argued each way 50/50%. What say ye? Report this Post to the Staff

Bryan1315 Bedrock of the Community United States 14454 Posts	Posted 09/14/2007 3:47 pm if you had paid with paypal and he couldn't prove it was shipped and signed for you would get your money back no problem. You are also correct about the insurance as it protects the seller not the buyer, if there is a claim to be made the shipper (seller) would have to make the claim and they would be the one who was reimbursed not the buyer. Since you paid with a M.O. basically you are at his mercy on when or if you get a refund (I have seen them just disappear and start a new name on ebay to avoid paying stuff like this). You can get the Money Order traced which will only tell you he got it and cashed it (which he never said he didn't) and if he doesn't give a refund you can show that to the Post Master and file charges for mail fraud (but not sure $50.00 would be worth it, not saying it isn't I just don't know the process and how much it will cost to do this). I would probably tell him you can prove he cashed it (with the trace) and then ask him if he can prove he sent it and if not tell him you would like a refund and see how it goes from there Edited by Bryan1315 09/14/2007 3:48 pm Report this Post to the Staff
Scottishmoney Pillar of the Community United States 597 Posts	Posted 09/14/2007 4:11 pm I keep all postal receipts until the feedbacks etc are left. If he had a receipt proving he mailed it, then I would say the burden is on you, but without that magical little piece of thermally imprinted paper, he haven't a leg to stand on. Right now I have a file drawer full of postal receipts, I like to cover my bottom for just this instance. In all likelihood he mailed it as he claimed, and it could be floating around in the postal system somewhere. Last month someone in Romania sent me a registered package with a sizable number of Romanian and Ukrainian banknotes, I could see by tracking it that it left Bucharest on the 17th. Thereafter no record. No pink pick up slip in my PO etc. So last Saturday in exasperation I printed the tracking number, and asked a postal clerk to check the registered room for it. He was reluctant, and insisted I would have gotten a slip if it had come. I just about had to force him to check, and then he relented and went back and check in the registered room, and then walked out with my package. It had been sitting there for two weeks, no slip, no nothing. Meanwhile I am on pins and needles wondering where my paper money was. Needless to say the PO bought the farm in my opin. Report this Post to the Staff
Rigoletto Valued Member United States 287 Posts	Posted 09/18/2007 9:41 pm Great news! Not only did this person finally agree to refund my money if I didn't the coins but the day after, they finally came. Twelve days!! Nasty post office! Shame on them. Report this Post to the Staff
Snooba Pillar of the Community Australia 1360 Posts	Posted 09/19/2007 03:48 am That's great news, Rigoletto, I'm glad the coins arrived safely! Report this Post to the Staff
	Replies: 4 / Views: 1,523

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