I
imcheated
Guest
What is the name of your state?
California
Basically the short story is as follows:
I bought some jewelery (4 rings) on the internet from a merchant who has a decent reputation. The rings were shipped to me on approval. I decided not to keep the rings and had the merchant have Fedex pick them up from me.
When the Fedex man came to pick up the rings, I asked if they wanted to check the contents of the package, he said just seal the box and hand it to me. The merchant claimed to have receive the box (in a torn and resealed condition) with 2 of the rings ($2100) missing. They said they had filed an insurance claim for the rings but said they would not give us the claim details. On a separate note, I called Fedex with that shipping number to enquire if a claim has been initiated, they said no, but confirmed that the package said the rings in there were worth $6700.
By the way, the merchant has refunded me $4600 for the rings they received, but are refusing to refun the $2100 outstanding.
Here is the response from the merchant;
I cannot assume that the rings were stolen by FedEx. According to our insurance policy and our store policies, once you accept delivey of the rings your homeowners insurance must cover loss. We recieved two rings back and we credited your account.
According to Cara, she filed a claim with FedEx but they will deny responsibility as well. Please file a police report and claim the stolen rings on your own insurance.
I realize you have options through American Express so please file whatever claim you wish with them, do not engage me in a dispute. I am 99% sure that FedEx did not steal the rings. That does not seem like a possible scenario.
My question:
What can I do in this situation? Where does the burden of proof lie in a situation such as this. Basically there are 3 parties involved - myself, Fedex and the merchant. Anyone can say that the rings were stolen by another party.
Any help/guidance on how to proceed in this regard would be greatly appreciated.
thanks.
California
Basically the short story is as follows:
I bought some jewelery (4 rings) on the internet from a merchant who has a decent reputation. The rings were shipped to me on approval. I decided not to keep the rings and had the merchant have Fedex pick them up from me.
When the Fedex man came to pick up the rings, I asked if they wanted to check the contents of the package, he said just seal the box and hand it to me. The merchant claimed to have receive the box (in a torn and resealed condition) with 2 of the rings ($2100) missing. They said they had filed an insurance claim for the rings but said they would not give us the claim details. On a separate note, I called Fedex with that shipping number to enquire if a claim has been initiated, they said no, but confirmed that the package said the rings in there were worth $6700.
By the way, the merchant has refunded me $4600 for the rings they received, but are refusing to refun the $2100 outstanding.
Here is the response from the merchant;
I cannot assume that the rings were stolen by FedEx. According to our insurance policy and our store policies, once you accept delivey of the rings your homeowners insurance must cover loss. We recieved two rings back and we credited your account.
According to Cara, she filed a claim with FedEx but they will deny responsibility as well. Please file a police report and claim the stolen rings on your own insurance.
I realize you have options through American Express so please file whatever claim you wish with them, do not engage me in a dispute. I am 99% sure that FedEx did not steal the rings. That does not seem like a possible scenario.
My question:
What can I do in this situation? Where does the burden of proof lie in a situation such as this. Basically there are 3 parties involved - myself, Fedex and the merchant. Anyone can say that the rings were stolen by another party.
Any help/guidance on how to proceed in this regard would be greatly appreciated.
thanks.
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