Package lost, seller won't reimburse

bubbleloba

bubbleloba

In LaLa Land
Authenticator
O.G.
Sep 9, 2006
4,096
84
#1
I need help/advice about doing a chargeback.

Here's the background info and I've also posted in a previous thread: http://forum.purseblog.com/ebay-forum/desperately-need-help-advice-with-ups-180170.html

I purchased a bag for $925 shipped and the package was lost by UPS. I tried to work with the shipper (she filed the claim with the UPS) to be reimbursed. After more than 1 month of waiting, I finally received a claims check from UPS in the amount of $110.58. :crybaby:This is significantly less and I tried to contact the seller to be reimbursed for the rest of the amount.

The seller replied "Filing a claim with Paypal is totally uncalled for. I am sorry you were not reimbursed for the entire amount, but you did NOT purchase insurance on the parcel. The package was clearly sent and delivered!" :shocked: I have to state that the listing did not state paying extra for insurance. The listing stated "Retails $1195, asking $925 shipped within US."

I'm filing a chargeback because I can't file a dispute with PayPal because waiting for the UPS tracking/claims process made me past the 45-day window.

I'm planning to fax over to the cc billing disputes department the email communications I had with the seller, the PayPal transaction receipt, UPS claims check. Is there anything I'm missing?

Any suggestions or help you can provide will be much appreciated. I have to win this dispute or else I'm out of the $925 AND didn't get the bag.

Thanks!!
 
#2
She's trying to bully you; don't let her do that. It is the seller's responsibility (and risk also) to insure the bag for the amount that you paid for it. That is her oversight, not yours. eBay/Paypal require signature confirmation for these types of items and you did not sign for it. Keep all your documentation and contact your credit card company for a chargeback and see what they say.

Good luck!
 
#3
^^Thanks, Lori! I'm printing out all the emails and photocopying the documents right now.

If you have any other advice, I'm all ears. Thanks again!
 
#4
It is obvious the package has not been delivered. Since UPS has already sent you a claims check, they have investigated and determined the package was lost, which shows you did not receive it. Just follow what the credit card company advises and keep everything for now including the claims check you received.
 
#5
lorihmatthews said:
She's trying to bully you; don't let her do that. It is the seller's responsibility (and risk also) to insure the bag for the amount that you paid for it. That is her oversight, not yours. eBay/Paypal require signature confirmation for these types of items and you did not sign for it. Keep all your documentation and contact your credit card company for a chargeback and see what they say.

Good luck!
Click to expand...

I agree with Lori. She's definitely trying to bully you. I had to learn the hard way, and through posting on this forum that insurance is really for the seller. Had you been within the 45 day window and been able to file a claim with PayPal, you would have won your dispute. I would continue with your CC charge back and don't let the seller bully you. I've learned that including the insurance in the s&h charges and making it mandatory is the best way to go, and maybe this seller will learn from this experience. Stick to your guns and it should all turn out well in the end!

Vicki :smile:
 
#6
Again, the insurance problem is hers, not yours. All of my shipping costs include insurance, and it says so in my listing. And sometimes the insurance costs more than I anticipated so I lose money on shipping, but I insure it anyway. I had one Priority mail box get lost at a distribution center once - I am happy they found it two weeks later but I would not wanted to have lost that money.

Your seller is unethical and full of BS.
 
#7
I don't get how they can say the package was clearly sent & delivered when you never got it & obviously UPS agreed or else you wouldn't have gotten any $$ from them. Doesn't make sense......
 
#8
kbell said:
I don't get how they can say the package was clearly sent & delivered when you never got it & obviously UPS agreed or else you wouldn't have gotten any $$ from them. Doesn't make sense......
Click to expand...

Me either. UPS obviously acknowledged that the package was lost, otherwise they wouldn't have sent the money you already received. Hopefully you have the tracking#, because that right there will prove that you didn't receive it. Not to mention the claim stuff you received. Your credit card should reverse the charge from your account pretty quickly, then the seller will have the opportunity to dispute the charge back, but she will have to prove that you received the item. Which... she obviously can't.
 
#9
I agree... it sounds like the seller is bullying you. Unless the item is under a certain dollar amount I don't even allow my buyers not to get insurance - I include it in the shipping fees for this very reason. I would do a "item not received" chargeback with the credit card company. Should be pretty easy case to prove as long as you kept all the paperwork.
 
#10
Seller obviously did not insure the bag for the amount you paid to avoid the additional charges, but this is SELLER's problem , not yours. File your chargeback, you should have no problem getting a refund.

Good luck!
 
#12
^^I haven't cashed the UPS check and have told the seller that I can send her the check if she reimburse me fully. Does anyone have any ideas how I should handle the UPS claims check of $110.58? Thanks!
 
#13
I would advise you just hang on to the check for now. They may just do a chargeback on the difference. If they do a chargeback on the entire amount then you may need to return the check to UPS or the seller.

Did you or the seller file the UPS claim?
 
#14
If it were me I would hold onto the check for now. You CC company will probably tell you what to do with it. Who is it made out to? You or the seller? You usually have 6 months before most banks won't cash it anymore so you should be fine to wait.
 
#15
I always thought things shipped w/UPS were automatically insured; I usually get my ebay stuff delivered by the Post Office and always take the insurance (and even email the seller to make sure it is an option or maybe already included).

BUT I thought UPS always included insurance. Hmmm, I will be watching this post for the answer.
 
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