Usps lost bullion

[rickquinn7527]

LOST MAIL USPS: On 3/12/12 I sold a 100oz. silver bar on EBay for $3700.00. He lives in Miami, FL and I live in Southern California. When I went to ship it, I asked the service person, how to ship this item. She told me that I should ship, Priority, Signature, Insured. I did and he received the package. Then he wanted an exchange for different type bar. I agreed. He went to his post office and also asked the service person how to ship a silver bar. He was told the exact thing. So he shipped the bar to me. As soon as I had the tracking info, I shipped the replacement bar. I shipped the exact same way that I sent the fist bar. He received the bar and was happy. The bar that he shipped to me got lost. I even got a letter from my post office supervisor, stating that, his personnel and the personnel in Miami, that they all felt this to be the proper way to ship bullion. I have appealed 3 times to USPS, which all have been denied. He will no longer communicate with me. I was told by a lawyer in Miami, Fl., that I cannot sue USPS. They are sovereign. When I decided to sue him in small claims in Miami, the same lawyer told me that he is covered basically because it is the post office’s fault. I NEED HELP!

 

[Ohiogal]

LOST MAIL USPS: On 3/12/12 I sold a 100oz. silver bar on EBay for $3700.00. He lives in Miami, FL and I live in Southern California. When I went to ship it, I asked the service person, how to ship this item. She told me that I should ship, Priority, Signature, Insured. I did and he received the package. Then he wanted an exchange for different type bar. I agreed. He went to his post office and also asked the service person how to ship a silver bar. He was told the exact thing. So he shipped the bar to me. As soon as I had the tracking info, I shipped the replacement bar. I shipped the exact same way that I sent the fist bar. He received the bar and was happy. The bar that he shipped to me got lost. I even got a letter from my post office supervisor, stating that, his personnel and the personnel in Miami, that they all felt this to be the proper way to ship bullion. I have appealed 3 times to USPS, which all have been denied. He will no longer communicate with me. I was told by a lawyer in Miami, Fl., that I cannot sue USPS. They are sovereign. When I decided to sue him in small claims in Miami, the same lawyer told me that he is covered basically because it is the post office’s fault. I NEED HELP!

Actually if he (the Miami, FL guy) purchased insurance, he can put in a claim for the insurance and pay you the money for the bar. You can sue him for the cost of the bar.

 

[xylene]

Actually if he (the Miami, FL guy) purchased insurance, he can put in a claim for the insurance and pay you the money for the bar. You can sue him for the cost of the bar.

Agreed. In fact you can sue him even if he stupidly did not insure it.

You should sue him for the value of the lost bar as you had a contract to return the bar or indemnify you if it was lost (the insurance requirement)

One final thought - you should not have shipped the buyer his replacement bar until your bar or it's value was safely in your hands.

 

[rickquinn7527]

USPS will not pay the insurance claim, because Priority, Signature, Insured does not cover bullion. We both asked how to ship, and got the same answer. USPS told us to ship Priority, Signature, Insured. I have a letter from my Post Office stating that they did not know that Bullion had to be sent Registered mail.

 

[tranquility]

What a mess. While the only option is for the OP to sue the client, I'm not sure risk didn't pass with deposit with the shipper. (Haven't read many cases on UCC 2-509.)

I suggest, in the future, the OP's business practices includes notification of shipping methods and waiting for the return of the goods before shipping replacement goods. (Unless the original shipment was non-conforming.)

 

[jiggy78]

I think you got scammed. The tracking number you were provided was either to an package of the same weight sent to some random address in your zip code or a package of the same weight that the buyer sent to himself. (using your zip code but his address, city, and State). That's the problem with these sales. You can prove a package was sent and delivered but cannot prove what actually went in it.

Have you done business with this person before? If not, my money is on scam scam scam.

 

[OHRoadwarrior]

You should not be shipping valuable items, if you do not know how to so in a manner that protects your financial investment.