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Posted: 7/28/2002 1:49:22 AM EDT
[Last Edit: 7/28/2002 1:50:45 AM EDT by Sheldon]
I need advice. Last year I bought an item from a guy and when I received it, there was damage to the package. I filed a claim with FedEx and after about 9 months they finally sent the claim check out (a $100).....only not to me, but the sender instead. I've sent two letters to the guy, who FedEx says already cashed the check, but he never responded. I just sent another certified letter to try and get him to send me the money and a threat to file a police report if he does not. If he doesn't send me the money, what are my options.......he's in Texas and I'm in Los Angeles? Any advice would be great.
Link Posted: 7/28/2002 3:16:34 AM EDT
Unless I'm mistaken, the claim check is [i]always[/i] sent to the sender - they were the person who paid FedEx to ship the package, so the "contract" re: damage is with them, not the recipient. As such, the usual proceedure is for the sender to refund the recipient on his own, and then seek the claim w/ the shipping company themselves. Short of taking them to court, you are likely out of luck... Rocko
Link Posted: 7/28/2002 4:20:07 AM EDT
Originally Posted By osprey21:
originally posted by Sheldon; "he's in Texas and I'm in Los Angeles?"
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There are a lot of members here from TX, maybe you can get some "local" help.. if you know what I mean. [}:)]
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Yeah...what's this guys name and where is he from?
Link Posted: 7/28/2002 4:34:31 AM EDT
Is the guy a member here??
Link Posted: 7/28/2002 4:48:53 AM EDT
I'm not looking to get the vigilante ball rolling here (though that fantasy does run STRONG). He's in Sherman, TX and no he is not someone I contacted through the board. I actually contacted him through Ebay, though the sale was made outside of Ebay.
Link Posted: 7/28/2002 5:10:04 AM EDT
Originally Posted By Sheldon: I'm not looking to get the vigilante ball rolling here (though that fantasy does run STRONG). He's in Sherman, TX and no he is not someone I contacted through the board. I actually contacted him through Ebay, though the sale was made outside of Ebay.
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No shit...I live in Sherman, TX. IM me if you want any help...
Link Posted: 7/28/2002 9:40:18 PM EDT
Anyone else have any constructive advice?
Link Posted: 7/28/2002 9:50:06 PM EDT
Wouldn't that constitute mail fraud? Contact the Post office for help.
Link Posted: 7/29/2002 12:37:00 AM EDT
I will mail you his thumbs for $25.
Link Posted: 7/29/2002 2:45:01 AM EDT
Tate. You in Sherman too? It's not so much the money as it just ticks me off to think it's that easy to rip someone off without any practical way to legally get any satisfaction.
Link Posted: 7/29/2002 3:27:22 AM EDT
Dirtbags everywhere!! Since you contacted him through Ebay, maybe you can either post bad feedback on him or contact Ebay and at least let them know if this dipshit's actions. I'm dealing with a guy now who cashed my m.o. but still hasn't shipped. I got the "wife is seriously ill" story last week. One more week and I'm dropping the bomb.
Link Posted: 7/29/2002 3:47:18 AM EDT
Originally Posted By Backstop: Dirtbags everywhere!! Since you contacted him through Ebay, maybe you can either post bad feedback on him or contact Ebay and at least let them know if this dipshit's actions. I'm dealing with a guy now who cashed my m.o. but still hasn't shipped. I got the "wife is seriously ill" story last week. One more week and I'm dropping the bomb.
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Sheldon stated that the deal was made outside of Ebay, so he lost the option to post feedback or have Ebay help in any way.
Link Posted: 7/29/2002 4:05:02 AM EDT
Yeah I don't even remember his Ebay name or I'de be emailing everyone and anyone who bids on anything he had up for bid with a warning about what a crook he is. I had to do that once, along with a few other people in the same situation, with a different person and actually got positive results with that incident. So Backstop you may want to try the same tactic if that guy is a big volume seller on Ebay.
Link Posted: 7/29/2002 8:16:55 AM EDT
Originally Posted By Dukota: Wouldn't that constitute mail fraud? Contact the Post office for help.
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nope, insurance is placed on the item by the shipper, to insure it against theft/damage. IF it is stolen/damaged the SHIPPER not the RECIEVER gets the check, THEY paid for the insurance. Its their money. My advice, get over it. lifes not fair, quit whining. legal action will probably result in your claim being tossed out and you paying his lawyer fees. never forget. ask Eric the (EvilLawyerType) Hun about it. hes a TX Lawyer.
Link Posted: 7/29/2002 8:32:47 AM EDT
Link Posted: 7/30/2002 7:59:59 AM EDT
I've already sent the third request for my money with a certified/registered letter. I'm gonna give it a couple weeks and see if he does the right thing. If not I will probably drop the whole matter.......still sucks, but life goes on........ Thanks for the help guys.
Link Posted: 7/30/2002 8:09:46 AM EDT
Originally Posted By NOVA5:
Originally Posted By Dukota: Wouldn't that constitute mail fraud? Contact the Post office for help.
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nope, insurance is placed on the item by the shipper, to insure it against theft/damage. IF it is stolen/damaged the SHIPPER not the RECIEVER gets the check, THEY paid for the insurance. Its their money.
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Yeah... BUT, he paid the seller for insurance, if the item is damaged the seller owes him the money, even if it's out of the seller's pocket (which in this case, it is not). Sheldon did the leg work on the claim, which was above and beyond what he should have had to do to get his money in the first place.
Link Posted: 7/30/2002 9:07:19 AM EDT
This just echoes the same experiences I have had. All 3 times I was contacted by a seller outside of an ebay auction, I was ripped off or scammed in one way or another. Moral of the story: if you and an ebayer negotiate a deal, have him or her post a private auction with the item for you. The transaction fees are worth paying in exchange for the opportunity to leave negative feedback or collect on ebay's deadbeat insurance.
Link Posted: 7/30/2002 11:34:47 AM EDT
Who is this Sender, and why is he stealing everybody's mail? I believe this calls for a full scale investigation!
Link Posted: 7/30/2002 12:54:44 PM EDT
If I understand civil actions correctly in TX, it will cost you $150 just to file the suit and additional fees to have the guy "served" with papers. frisco (not far from Sherman)
Link Posted: 8/1/2002 12:24:54 PM EDT
here's another twist. Was the merchandise broken before he shipped it? knowing he would get paid twice?
Link Posted: 8/1/2002 10:36:12 PM EDT
I don't think so. FedEx actually picked the package up to examine it and since they did pay the claim off, I assume they felt the damage was done by them. I had to get a receipt from the sender during the process and when I sent a letter to him to get it, he responded right away. I still have not gotten a response from my last letter to him (the third try). The next few days will tell if I ever get anything.
Link Posted: 8/21/2002 3:59:29 AM EDT
I finally got my check!!! He reponded to my registered letter with an unsigned note that had just 5 lines of questions. "What did you buy?" "How much did you pay?" "How much was shipping?" "What did you buy?" "When did you buy it?" I was not sure if he was serious or just taunting me. I copied all the FedEx forms and mailed it to him for the hell of it. It seems he had completely forgotten about our transaction. Still pretty screwy to me to not sign your letters nor ask for information in a more professional manner. Thanks to all for the advice.......now I'm glad I didn't make the drive to Texas to wreak havoc.
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