shipping damage

What is the name of your state? Oregon.

Okay, I did something dumb. I bought an expensive item (sewing machine with embroidery arm) over the internet. I received the packages, both were damaged. The machine still works but the arm is not worth fixing according to the dealership fellow here.

It was sent UPS and was insured. However, UPS says that the arm broke because of "insufficient packing material". Took me two weeks before someone would let me know that the embroidery arm was too big for the box (I took a closer look and decided they are right).

I want to send the machine and arm back and get my money back. Original owner says she won't return my money. She won't even talk to me about it. After reading in this list I have called my credit card company to dispute the charge, as I see that small claims court would not be feasible since I am in Oregon and she is in Illinois. I can't go to Illinois for $3700. My credit card company is sending me the forms and instructions.

My Questions:
1) Should I send the machine back to her despite her saying that she won't give me the money back?
2) Will my dispute over the charge fail if I still have it in my possession?
3) Do I have a chance to get my money back?
4) Are there any other LEAGAL (I've seen some of your suggestions, lol) ways of dealing with this?

thanks so much for this list,
linda

"1) Should I send the machine back to her despite her saying that she won't give me the money back?"
*** Not yet. Wait until you hear back on your dispute.

"2) Will my dispute over the charge fail if I still have it in my possession?"
*** The credit card issuer will tell you that you can't both keep it and get the dispute. That is when you offer to return to the sender with proof of delivery.

"3) Do I have a chance to get my money back?"
*** Of course you do. How much of a chance though is still unknown.

"4) Are there any other LEAGAL (I've seen some of your suggestions, lol) ways of dealing with this?"
*** Depends. What is LEAGAL??
At this point, it sounds like you are doing what can be done. If the credit card denies the charge-back, you will likely have to consider taking legal action against her in HER state.

I do have to ask you though.... your post says that when you "received the packages, both were damaged." Why did you not simply refuse delivery and send them back???

Good Question!

I was so excited to get the sewing machine that I didn''t look closely. It was evening and the light dim. The damage to boxes wasn't obvious at first. I was dumb. Also the packages had large amounts of shipping insurance. I assumed that if there was damage, it would be covered. Hard lesson.

thanks,
ls