I am being sued for an eBay purchase not received. HELP

rhs36 · #1 09-12-2008, 02:47 PM

What is the name of your state (only U.S. law)?
FL

I bought a computer on eBay for about $1300.00. I immediately paid with Paypal ( using my credit card) and the item was shipped by UPS. According to UPS that package was left at the door, I never received nor signed for the package. The UPS tracking page says Garage, which is in fact a car port totally open to the street. As the seller didn't offer any solution, I filed a complaint with Paypal for an item not received and Paypal refunded my money. Paypal says that any purchase over 250.00 has to be shipped with signature confirmation, which was not the case here, so the seller had violated the rules of Paypal's service agreement and I was entitled to a refund. Needless to say, I believe I am entitled to a refund because I didn't receive the product. If there had been signature confirmation, UPS would not have left it at the door and I wouldn't be in this mess

Shortly after I received a letter from the seller accusing me of theft and saying he would start a complaint in a FL court. He in fact has already sent 3 letters up to now stating the same

1.- Does he have any legal basis to sue me?
2.- The fact that UPS left it at my front door legally constitutes any kind of proof that I received the package and I have to pay for it?
2.- What kind of complaint can he file?
3.- Do I need to hire an attorney or can I defend myself?
4.- As Paypal found in my favor, will this be enough proof in a civil court?

I would appreciate any help you can give me. I don't want to spend on an attorney for something I am not responsible for and which is totally unreasonable

shawnusa · #2 09-12-2008, 03:00 PM

I believe Paypal has no right to refund the money to you. The seller sent the item to you, is that correct? It is UPS lost your package. Did you buy insurance? If not, you can contact with UPS to get $100 plus the shipping cost. If you did pay with insurance, then UPS will refund your full amount.

I do not know why Paypal did that.

CraigFL · #3 09-12-2008, 03:22 PM

I had almost the same thing happen to me recently-- UPS 'delivered" the package to the "Garage" and it wasn't there. Usually the shipper would start the lost package routine but you as the receiver can also do it. You will need to sign up for an account on the UPS website-- free, in order to claim a lost shipment . The hard part will be for the delivery person to admit they delivered it to the wrong address...

JustAPal00 · #4 09-13-2008, 03:55 PM

Quote:

Originally Posted by shawnusa

I believe Paypal has no right to refund the money to you. The seller sent the item to you, is that correct? It is UPS lost your package. Did you buy insurance? If not, you can contact with UPS to get $100 plus the shipping cost. If you did pay with insurance, then UPS will refund your full amount.

I do not know why Paypal did that.

Insurance protects the seller! The seller is the one who paid the shipping, thus they are the customer of UPS. It is on them to fight for their money back from UPS! As a seller on eBay, I know better then to ship anything too valuable to lose without insurance!

itsmewhoelse · #5 09-16-2008, 01:58 AM

Alot of buyers on Ebay are actually scamming sellers and Paypal by doing this. and I wouldnt doubt if the OP is one them Filing false claims. probably saw a perfect chance to get a nice CPU for free

tranquility · #6 09-16-2008, 09:52 AM

The true responsibility lies on the terms of the sale. What did the e-bay listing say in regards to shipment?

JustAPal00 · #7 09-16-2008, 10:06 AM

PayPal and eBay have policys in place that cover situations like this. The seller did not follow the propper procedures to protect himself, thus he lost the money! The Op will prevail in court! I sell items over $250 all the time. I always insure it and require a signature confirmation! I do this so I don't lose like the seller is going to.