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My fault? Need your opinion

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Old 10-08-2006, 06:21 PM
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Default My fault? Need your opinion

I won't mention names as it is not resolved yet. Here are the quick cliff notes.

Paid for item via paypal.
Seller ships and insures.
Item gets lost.
Fedex thinks they find it and ship to me. Not correct item so they pick back up
Fedex thinks they find again and ship back to seller but it is same incorrect item they thought they found the first time.
Seller has been trying to get insurance claim for a while now but it doesnt seem to me he is trying to hard as if it wasnt me pushing he would have considered the item with fedex dead.
I ask for refund and he can work out his claim with fedex.
Seller says no way Fedex lost your items and wont refund me. Im at the mercy of him trying to get claim.

Where do I stand?

I never got items paid for. In the eyes of fedex it is his and everything has his name on it and they are dealing with him. I assume he is an honest guy but I obviously cant confirm he really ever sent what he sold as I have never seen the, beside pics which don't mean a bunch.

I know paypal will refund my money if I have never recieved items. Seller claims they were mine from the second I paid for them.

I guess if the seller was driving them items to my house and they flew out of his car on the eway that would be my problem too as the second I paid they are mine.

Im considering getting paypal to refund my money as it has been 3 months now.


Any opinions on it is my problem or his?

Thx
Old 10-08-2006, 07:52 PM
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The insurance covers the seller, not the buyer. When I ship something and it arrives damaged I let the shipper know. As soon as they inspect it or tell me they don't need to inspect it I issue a full refund.

If they deem it poor packaging, I either agree and package better or disagree and argue to get a refund; only stopping at the CEO. Either way its my problem at this point.

It's the same as if I was doing an some work for you and paid someone to powder-coat some pieces. If the powder-coater damages those pieces, I wouldn't tell you to wait until the powder-coater fixes the problem. I hired him, it's my responsibility.

He hired Fed-Ex to deliver your package, they screwed up, it's his problem, and he needs to refund your money.

Kevin D.
Old 10-08-2006, 11:22 PM
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yup.

he needs to refund you.

and he take it up with fedex.
Old 10-09-2006, 07:57 AM
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As people state dthis all falls on the seller. He should issue a refund as it is not your fault the **** got lost. Yea he has to wait for a refund from fed ex but you should not have to wait for it.
Old 10-09-2006, 07:59 AM
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Thx guys this is exactly what I thought and how I feel. His responce was it wasnt his fault Fedex lost MY stuff.

Anyone else?
Old 10-09-2006, 11:28 PM
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why hide this guys identity? just report him already.
Old 10-10-2006, 02:58 PM
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I will hold off until we come to some sort of agreement or disagreement that is final.

I so far out of all I have talked to and this thread not found one person that thinks I do not deserve a refund from the seller.
Old 10-13-2006, 11:57 AM
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Fed Ex is usually very prompt in settling claims from my experience. Beware Paypal has a time limit on claims. Can Fed Ex verify if they paid this guy already?
Old 10-18-2006, 07:41 PM
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FedEx won't talk to me as everything is in his name of course. I am taking what he tells me at face value. I have not got a responce from him in a week after I insisted in an update the next day. I know he is getting my PM's as he is an active poster.
Old 10-20-2006, 03:11 PM
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You need to act now and do what you can. You have never received the items. Its his responsibility to deliver them. If you dont get them your due a total refund and he takes it up with the shipper. Thats the final word on that. Until the shipper has a signature its not yours and never was. You need to tell the seller to refund you immediately and post his name for everyon else to see who not to deal with. If he refuses then you have small claims court. He should have refunded you long ago. Any legitimate business would have by now.

Last edited by 99blancoSS; 10-20-2006 at 05:01 PM.
Old 10-20-2006, 04:21 PM
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Paypal dispute has already been initiated.
Old 10-20-2006, 05:41 PM
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I would say it is not your fault and it is not the sellers fault either BUT, The seller needs to make a reasonable effort to get the money back from FedEx and if the money is not given back in a reasonable amount of time the seller should refund you and take up the claim with Fedex.

I buy and sell a few things here and so far I've been lucky but in this situation I would just refund your money and go after Fedex myself.

Selling/Buying is always a PITA over the net but most times we all know what the "right thing" to so is and should just do it.

Good luck with Paypal....I doubt you'll get anything from them as even Fedex is admiting they lost the shipment. Paypal is going to tell you to go pound sand.
Old 10-20-2006, 05:56 PM
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I think 3 months is over a reasonalbe amount of time. This is when I ask for my refund and he refused.

Yes this is a PITA you are correct on that.

EDIT: and if this doesn't get resolved soon I will let all know who it is so even with purchased insurance, you probably won't want to ever deal with this person.
Old 10-20-2006, 06:07 PM
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If that was me, I would refund you. I never delivered the goods.
Old 10-20-2006, 10:20 PM
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I would get my money back and let him deal with fedex its not your fault nor his but if its up to him he needs to refund you your money. Goodluck getting it worked out



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