Posted: 3/13/2004 8:55:22 AM EDT
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Back in early December I bought a nice,new Husqvarna chainsaw from a guy on Ebay. UPS delivered saw and placed it in open view outside my security gate. Of course it was stolen!! Contacted UPS and seller. UPS admitted goof and filed a claim. Since saw was mailed from a UPS storefront in Portland, I was told that shipping store would handle insurance claim.(Also that claim would be paid to seller and not me.) Checked with UPS store 3-4 times. Answer was always-should be another couple of weeks.Called again yesterday and they said the claim had already been paid! I asked when, and I asked for the name of the insurance company. Would give me neither.. Called UPS. After alot of jawing, they told me claim was paid on 28 January. BTW: Saw cost $305.00. And the seller is a real wiseass. I have sent him emails. His cell phone no longer works. If he cashed the insurance check in late January(he's being paid for the saw twice) and has not paid me-- wouldn't this be some type of theft or insurance fraud??? Input on what to do please. I've tried a couple of things but ran into a brick wall... |
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Quoted: If he cashed the insurance check in late January(he's being paid for the saw twice) and has not paid me-- wouldn't this be some type of theft or insurance fraud??? Just curious how you think this could be insurance fraud? The saw was stolen right? The money paid by insurance was for the theft of the saw right? The only crime here is theft and since you can not get any of the records as to who and how the guy got paid it would appear you are not going to get your 300 back unless you lay out a lot more than the original 300. |
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jrzy, I sent the guy a cashier's check for the saw. He cashed it and sent saw via UPS. UPS delivered saw to a nonsecure area and it was stolen. UPS admits goof. UPS files insurance claim. The insurance claim is paid to seller. Seller is paid twice for the saw. Seller was supposed to send insurance check proceeds to me. He has kept insurance money. I think this IS insurance fraud.. |
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Quoted: jrzy, I sent the guy a cashier's check for the saw. He cashed it and sent saw via UPS. UPS delivered saw to a nonsecure area and it was stolen. UPS admits goof. UPS files insurance claim. The insurance claim is paid to seller. Seller is paid twice for the saw. Seller was supposed to send insurance check proceeds to me. He has kept insurance money. I think this IS insurance fraud.. It's NOT insurance fraud, since he did not defraud an insurance company - he defrauded YOU. HE purchased insurance on an item he shipped. The item was stolen. He made a claim. He was paid by the insurance company. That's all legimtiate and above board - no insurance fraud there. I honestly don't think there's anything you can necessarily do. You can go through Ebat fraud systems, but they won't really do anything for you (worst case, they'll ban the guy, and he'll just set up another account). You can try to call the D.A. or police in his town, but it's unlikely they'll do anything - and you'd have to have some sort of proof (an email from him stating he received your payment would be good). You could of course also try to call him and threaten him bodily harm (and tell him that it's worth the airfare for you just to kick his ass) - but that would probably be illegal, so you'd want to be very careful abotu that option. I think you're screwed, but hopefully there'll be some way to get your money back. Good luck. |