posted on May 8, 2004 01:08:30 PM new
Here is the situation, I'll try to be concise:
On April 21, I sniped an auction for $511.00. I was sent an immediate automated
invoice by eBay and paid immediately through PayPal icluding stated shipping and insurance.
On April 24, I e-mailed the seller thru eBay to verify receipt of payment. No answer.
On April 28, I e-mailed the seller thru eBay to verify receipt of payment and/or shipping info. No answer.
On May 1, I e-mailed the seller thru eBay to verify receipt of payment and/or shipping info. I stated I would initiate a chargeback thru PayPal if no answer. No answer.
All through this, the seller is posting new auctions.
On May 2, I initiate chargeback thru PayPal due to non-response from seller.
On May 3, while I am out of town, seller calls my home at 3:45 am and starts screaming at my wife calling her a thief, a liar and a fraud. Naturally, my wife is shocked and upset to be so rudely awoken. She tells the seller that she needs to speak with me and that I am out of town. My wife calls me after hanging up and tells me what happened. I immediately called the seller back (about ten minutes after my wife hung up with her) and I get an answering machine. I leave a brief message and my cell phone number so she can contact me.
She calls back 1 1/2 hours later and when I answer the phone she has hung up. I immediately call back and after 10 rings get an answering machine. I leave another message.
No further attempts by her to call back ever but she starts with threatening e-mails stating that I'm lying and she has delivery proof and provides me with a USPS tracking number.
I look up the tracking number on USPS website and all it shows is that it was accepted at her zip code at 3:30 pm April 28 and arrived at my zip at 7:35 am April 30. No delivery info.
After calling my wife and having her verify with the neighbors that no package was left, I e-mailed her and told her that the delivery confirmation only states the date and time it arrived at my zip code. No delivery notice left, no package at neighbors, nothing.
I arrived home yesterday, May 7 and on the way to my showroom this morning stopped at the post office. No package for me. I verified what I already knew as a seller on eBay; that is, the delivery information in the computer only states that the time and date the package arrived at the postal facility. In addition, if insurance was purchased for the amount paid, $539.00, that a signature would be required for delivery.
On arriving at my showroom, I had another threatening e-mail stating she had filed fraud charges with the USPS, eBay and PayPal and said it is MY responsibility to find out what happened to the package since she had proof she sent it!
What are your thoughts on how I should deal with her at this point. I have not crossed the line of being rude but am about to!
Thanks for any input.
[ edited by bkkofaz on May 8, 2004 01:09 PM ]
posted on May 8, 2004 01:21:58 PM new
Check again with your post office, perhaps with the postmaster him/herself. Show them the tracking number. The package had to have been at their facility at one point, if it shows as being scanned there.
You might also talk to your mail carrier directly, as I recently had a package sent to me, and the mail carrier left it at the wrong house. It showed as being delivered, but it wasn't delivered to ME. The mail carrier went back to the house he'd left the package at, and got it for me.
Is your shipping address confirmed? If so, and the package shows as being delivered to your zip code, PayPal will probably side with the seller. If your address is unconfirmed, they'll likely side with you. I don't know exactly what happens when a credit card company is brought into the picture.
The seller can initiate a trace on the package after 30? days, as well as filing an insurance claim ... although I don't know how an insurance claim will be affected since the package shows as "delivered".
Again, I'd go directly to your postmaster and mail carrier and talk to them personally.
posted on May 8, 2004 01:27:59 PM new
Thanks for the quick reply. Yes, my address IS confirmed. However, the tracking info ONLY indicates that the package arrived at the facility but says nothing about the actual delivery. Also, on any packaged insured for over $50.00, a signature is required. I know from extensive experience with credit card companies and also as a seller on eBay that they can't make me pay for something there isn't the required proof of delivery. A website that says the package arrived at the post office doesn't quite cut it. I know all the personnel at our post office and the supervisor just verified it all with me over the phone.
posted on May 8, 2004 01:33:46 PM new
If the tracking info ONLY indicates that the package arrived at the facility...then it means it's going out for delivery today or Monday. I check mine all the time and within a day or 2 the package arrives.
posted on May 8, 2004 02:25:22 PM new
I think you are ok. According to Paypal rules... items valued over 250.00 must have signature proof. In other words it does not matter even if the DC indicated it was delivered to you.
The Seller Protection GuideLine States...
For transactions equal to $250 USD (or the equivalent in the currency of the transaction) or more in value, the seller also needs to provide an online proof-of-receipt in the form of a signature from the recipient.
posted on May 8, 2004 02:44:35 PM new
Thank you, sarniaflower. Now if I can only get that through HER head! I believe that she may have actually charged me for insurance but never actually BOUGHT any. That may be why she is so abusive and threatening.
posted on May 8, 2004 02:53:06 PM new
You are probably right about the insurance, or they wouldn't be so upset...
Just inform her that that you have checked at the post office and no package is there, it is lost and now she needs to begin insurance proceedings.
Continue on with your charge back if she will not refund the entire amount... you only have 30 days to work with paypal, so don't let the seller slow you up...
posted on May 8, 2004 03:03:13 PM new
The more I think about it the more I'm convinced she pocketed the insurance money and is now facing swallowing the loss. From the get-go, she has been threatening negative feedback, having me arrested, kicked off eBay, etc. trying to use intimidation. I have no sympathy for her. She has no business being a seller with her rude manners and fortunately the PayPal charge was done with a credit card so I have extra protection. I guarantee you I won't pay for something I never got.
posted on May 8, 2004 03:12:50 PM new
Just inform her how it stands, she can't get you kicked off eBay... make sure you save all her emails and will be forwarding them to safeharbor for harrassment... see how she likes that LOL
posted on May 8, 2004 03:26:19 PM new
may i ask what is the item??
is it rare and unique and hard to find and one of a kind??
there is a seller who posted on paypalsuck.com claiming he indeed shipped a plasma tv set via USPS with DC to prove it has been delivered.
-sig file -------we eat to live,not live to eat.
Benjamin Franklin
posted on May 8, 2004 03:32:37 PM new
stopwhining,
It is a Lladro statue. Not one of a kind but not easy to find for under $1000. This has has slight damage that we can easily fix, if we ever get it!
[ edited by bkkofaz on May 8, 2004 03:47 PM ]
posted on May 8, 2004 04:08:29 PM new
Does this seller understand how paypal works??
for item over 250,she must have signature receipt to qualify for seller protection??
does she sell a lot of high end stuff??
-sig file -------we eat to live,not live to eat.
Benjamin Franklin
posted on May 8, 2004 04:13:15 PM new
Your seller needs to prove that for certain insurance was bought and paid for. If they don't have the insurance slip that I think they are out the money. I sold a bracelet for $150.00 paid for the insurance and the buyer had to sign for it. It think it is over a $100.00 that needs a signature, but I could be mistaken. Well, tough for her if she didn't buy insurance. I can see self insuring smaller packages but not one for $511.00.
How is her feedback. Is there any indication there that would throw up red flags?
posted on May 8, 2004 04:59:48 PM new
I don't want to post the ID since she is not here to respond. Here are her TOS:
"TERMS OF SALE (PLEASE READ BEFORE BIDDING):
Many of the wonderful items offered on XXXXXXX are consignments, often from persons who require prompt disbursement. Therefore, IF YOU ARE NOT IN A POSITION TO MAKE PROMPT ON_LINE PAYMENT, PLEASE DO NOT BID WITHOUT FIRST OBTAINING MY PERMISSION FOR ALTERNATE ARRANGEMENTS. If it is permissible, I will try to work with you. Otherwise, please respect that I make such items available under contract, and must adhere to the wishes of my clients and the terms of the contract. This means, if you cannot be courteous about adhering to the terms of sale, or make an alternate arrangement with me prior to bidding, please do not bid on this auction.
Regarding Shipping Time Frames: I promise to ship "asap." Since many of the items I sell are consignments which sometimes require retrieval after payment is made, please make payment on time at auction close. Also, I cannot always control circumstances. My clients are usually elderly, sometimes not in the best of health, and on occasion this, or problematic weather, have caused a delay. I will always keep the client informed when such delays occur, but with anti-spam guards in place, if you do not hear from me or receive your package in a timely manner, please just email an inquiry.
I CONTROL TAG all my merchandise that offers return and the TAG MUST BE IN PLACE and undisturbed for return acceptance. Any image (paintings, prints) will be tagged in such a way as to prevent theft of image. If you think you can subvert my control tag system and foist your flawed possessions off on me or my clients GO BID ELSEWHERE. I consider negatives from such dishonest people as badges of honor. ALSO, any insurance claims made to USPS for breakage will be accompanied by a facsimile of my control tag. This is because the most recent iteration of BUY & SWITCH is to claim damage and return to the USPS for reimbursement. Because this ultimately reflects on me as a shipper, I alert the USPS to this potential and ask that they check for my control tag when the merchandise is surrendered for reimbursement. BUY AND SWITCH and THEFT OF IMAGE have become a thriving fraud industry on Ebay, so I must do this in order to protect myself and the clients I represent and just because I despise this dishonest practice..
Another growing fraud practice is that of REBATE REQUESTS _ where a buyer claims dissatisfaction with an item with the goal being to reduce the price paid. Although I will on rare occasions offer a rebate for an item rather than do a return, the vast majority of times I will require you to return the item with all labels intact.
PLEASE review the listing, photos and terms of sale and return policy and email any questions BEFORE bidding.
I ADD NEW ITEMS DAILY! IF YOU ARE SEARCHING FOR QUALITY ANTIQUES AND COLLECTIBLES CLICK HERE TO VIEW ALL MY EBAY AUCTIONS
XXXXXXX Return Policy
CUSTOMER SATISFACTION IS MY HALLMARK! Unless an item is noted as "AS IS NO RETURN AVAILABLE" or a paper or book auction which I cannot control tag and therefore offer no returns on, here is my return policy: If you are not satisfied for any reason you may return as follows: Return only permitted with original XXXXXXX labels intact and undisturbed. You must email me within 24 hours of receipt and return item in original condition and packaging, insured for purchase price, within 3 days of receipt, no exceptions. Refund will follow within 30 days for purchase price less a $5 restocking fee. If damaged in shipping, buyer must initiate the claim with the USPS by submitting item to their local Post Office in original packaging filing appropriate forms. I will then follow up with USPS supplying receipts to them at their request. Because I cannot protect myself against "buy and switch" with articles which cannot be control_ tagged, paper auctions and some other auctions labeled as such are not returnable."
posted on May 8, 2004 06:22:39 PM new
I wouldn't take her rants and accusations personally. It looks like she is assuming all bidders are scam artists trying to perpetrate a fraud against her. Even in her "about Me" page and her response to negs and neutrals, she is paranoid about "buy and switch" bidders.
A $75.00 solid state device will always blow first to protect a 25 cent fuse ~ Murphy's Law
posted on May 8, 2004 06:34:27 PM new
ALLL RIGHT,
..this is gonna make me sound like i spend my life under the mushroom...but when i have a signature required package, i have to sign for it..there is a notification in my box- "see the man." ...in fact, the last i signed for, was from glasgirl several weeks ago...and i keep reading posts from many of you who say this is not the way it is...
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..bkk, you probably keep your emotions in check more than i...if this B.... accused me of fraud, i would have told her where to put it...if you didnt receive it; then no one can prove otherwise...your hunch of the no insurance probably valid; and explains why the "dawg barking so loud."
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Lucy..me and thee....i would never flatter this kind of seller with my business...all she does is [a] threaten, and [b] cut herself slack...what a caveat...now having said that, i post a mean disclaimer AT THE BEGINNING OF MY AUCTION NOW that has to do with my TOS...
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AND BY THE WAY....HAPPPPPPY MOTHERS DAY TO ALL YOU MOTHERS OUT THERE IN VENDIO LAND...YOU ARE ALL GREAT IN MY BOOK!!!!
---------
myoldtoy
[ edited by myoldtoy on May 8, 2004 06:35 PM ]
posted on May 8, 2004 07:06:14 PM new
This may have been mentioned, and I may have missed it.
I keep seeing people mentioning if she had insurance she should not be concerned.
At least with Postal Insurance, if the delivery confirmation says it was delivered, the person with the insurance is out of luck, because the Post Office will not pay.
If it had a third party, like U-Pic insurance, the signature would not automatically be required.
We sent a package the Post Office said was not there for several days after it had been sitting there. We finally had to tell them the size, and what the package looked like. They finally found it. It was there the whole time, they just did not know what they were looking for, and overlooked it.
It would be like if they were looking for a box, and it was actually a pinball machine they should have been looking for.
It would be right there, but they would not see it.
One of the local post Offices was able to TRACK the Postal insurance number.
If the seller could produce a Postal Insurance number, maybe someone could help.
posted on May 8, 2004 07:23:25 PM new
on her about me page.
I also believe strongly that my word is my bond. I care about my customers and want to them feel positive about their purchases from me.
you really have to work at it to displease me, so if you have any sort of problem, just communicate!
I will go to great lengths to please my customers
However, if you have a legitimate problem, and we all do from time to time, just email or telephone me. We'll make it work!
From what you have said in this message... Gosh.. we must have the wrong seller ???
She seems that she will go the extra mile to do what she can to please the buyer ????
Guess you have to read between the lines ??
seller calls my home at 3:45 am and starts screaming at my wife calling her a thief, a liar and a fraud
threatening e-mails.
Yea she will work with you and at you also.
It takes all kinds...
Not sure about the insrance thing ??? She did insure a package for a winning bid of $23.00, PO paid.
You would think for a $500 sale she would.
posted on May 8, 2004 07:24:21 PM new
If an item is insured through the P.O. for more than $50.00, you don't need DC. They are able to track the insurance number at the post office. It's been awhile since I have sent anything through the P.O. insured for more than $50.00, but I believe it has to be signed for by the recipient.
A $75.00 solid state device will always blow first to protect a 25 cent fuse ~ Murphy's Law
posted on May 8, 2004 07:46:31 PM new
I wouldn't worry too much, the proof is on her, not you. If they don't have a signature from you, then the chargeback will go your way. She can threaten you with whatever she wants, and if she does, I would threaten to sue her.
