Need advice, it happened finally ...

kemilia

the boonies of illinois
O.G.
Mar 14, 2006
3,098
3,263
the boonies of illinois
Ok, I think I have read about similar things on this site but I am asking to be sure--

I won an item and the seller shipped it April 3, going from Nevada to Illinois. It has never arrived but maybe with tax season, things could be slow but I have received 3 other items (all from the West) since then, like 2 days from California. Her other recent feedback is from buyers that have already gotten their stuff so I think mine is really lost.

I emailed the seller on Saturday and today and she replied today that
she is willing to refund me half of what I paid. No insurance was offered (I ALWAYS take it if offered, even on a stinky $5 cd). She says she doesn't have any paperwork on the shipment either.

So my questions are these--from what I have read, the seller is responsible for lost items and should refund me fully. But, if I open a dispute with Paypal after responding to the seller that I am not happy with just half of my money and she doesn't budge (I always pay immediately, have 100% positive feedback, been a member for a long time, all my feedback is about my fast payment, etc.), how does Paypal get her money to me? She could empty her account or something; I never keep anything in my account, I pay with debit or credit.

I just don't know the best route to take; it isn't a lot of money so I don't know why she is only offering half--and why wouldn't she offer insurance? Thanks for any help.
 

skigirl73

Member
Jun 20, 2007
1,207
0
Raleigh, NC
The fact that the seller didn't offer insurance is stupid on the her part, because she is responsible to get the item to you. Even if she offered insurance and you didn't purchase it, she would still be responsible. So she is offering you half of your money back for an item you didn't receive? That is ridiculous! I would file a PayPal claim and escalate it immediately. PayPal will freeze her account for the amount of the item and the shipping. A lot of sellers try to say that they will not be responsible for the item if it is lost, or if the buyer doesn't buy insurance. The bottom line is that if the buyer files a PP claim, they will win every time... especially since she doesn't even have the tracking info. You will win...
 

mockinglee

Piemaker
O.G.
May 17, 2007
6,752
6
42
The Pie Hole
Insurance and tracking is really to cover the seller, so if you file a item not received claim with PP or eBay you should get 100% of your money back.
 

moi et mes sacs

Science Geek!
O.G.
Sep 22, 2007
8,704
221
The fact that the seller didn't offer insurance is stupid on the her part, because she is responsible to get the item to you. Even if she offered insurance and you didn't purchase it, she would still be responsible. So she is offering you half of your money back for an item you didn't receive? That is ridiculous! I would file a PayPal claim and escalate it immediately. PayPal will freeze her account for the amount of the item and the shipping. A lot of sellers try to say that they will not be responsible for the item if it is lost, or if the buyer doesn't buy insurance. The bottom line is that if the buyer files a PP claim, they will win every time... especially since she doesn't even have the tracking info. You will win...
I agree with all this. You should always insist on insurance and if the seller doesnt offer dont buy. It saves all the hassle later.
 

kimalee

Member
Jul 30, 2007
17,669
19
yep, file a dispute with paypal...it's actually really easy. You will get 100% of your money back.
 

LT bag lady

MASTER ENABLER
Authenticator
O.G.
Apr 20, 2007
8,581
652
Why should you be out 1/2 if she didn't bother to insure or track her shipment. This will be a piece of cake for Paypal to find in your favor. Stop communicating with her and let Paypal issue your refund. You will get from Paypal the amount you pd incl shipping as long as the listing had that much in buyer protection. Look at the lisitng, is buyer protection 200.00 or 2000.00?
Cheers,
 

kemilia

the boonies of illinois
O.G.
Mar 14, 2006
3,098
3,263
the boonies of illinois
Thanks for all the info and support.

It isn't a fortune by any means ($30) but why should I be out money, I even paid the same day. I don't think she realizes she is on the hook, I will give it a few more days with the post office (maybe maybe??) and then go Paypal on her a**.

Thank you again!! This is the best site ever!!
 

loserxstar

O.G.
Jul 30, 2006
1,076
1
Bay Area, CA
i think it depends on whether you paid w/ a paypal balance, checking, or with a CC. if you paid with a CC then you should get 100% of your money back for sure. if you paid with anything else besides a CC, the seller can drain their account and you might not get anything back. if that happens, their PP account will freeze, but if they are a true scammer, they can always open up another one. always pay with a CC.
 
Apr 11, 2008
2,161
78
NY
If she she sells alot, her PP acct is probably still open, so even if it is empty, they will take it from her bank.

You are entitled to 100% back, always. No insurance is the seller's risk, period.
 
Mar 5, 2006
3,835
4,496
Toronto
If she she sells alot, her PP acct is probably still open, so even if it is empty, they will take it from her bank.

You are entitled to 100% back, always. No insurance is the seller's risk, period.
They won't take it from her bank account, Payal cannot do that. I was scammed once and even though Paypal ruled the case in my favor, I didn't get my money back because the seller had already withdrawn the funds from her account. Unfortunately, using Paypal does not always mean you'll get your money back in the situation of a scam. Which is why you should use a credit card, because you can go through them to do a chargeback.
 
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