post office screw up

What is the name of your state?What is the name of your state?Ohio
I purchased Disney tickets on EBAY for $800 from a seller in New York. She said the tickets "would be sent by Priority mail to insure they would be received in 2-3 days and with a tracking number so I could track it the entire time". She did not insure the package (dumb). She sent it then left on vacation. She did not make herself available to me for the next week and a half. No email responses or voice mail responses. She did not send the tracking number until she got home. It showed the package got delivered and scanned in at my city 2 days after she sent it, but in a different part of the city I live in and on a different route than my home route. Who is responsible for the delivery? Is she responsible because she did not send me the tracking # until it was too late to do any good? I see her mistake as a vital part of this whole situation and she did not live up to her part of the "contract". The USPS maintains they are not responsible because she did not insure the package. Their own computer tells them the package did not make it to my house. The post master at my office called the Postal Inspector Dept. because the whole thing about where it got delivered (still unknown) and why it was on the wrong route does not make sense. The carrier maintains she knows nothing of it or where it got delivered and says she would not have delivered it since there is no address close to mine on that route. Who is responsible for this mess? I know I need to wait out the investigation from the inspector but would like to know my rights. Thanks for any opinions. Brian Steyer

brianst said:

What is the name of your state?What is the name of your state?Ohio
I purchased Disney tickets on EBAY for $800 from a seller in New York. She said the tickets "would be sent by Priority mail to insure they would be received in 2-3 days and with a tracking number so I could track it the entire time". She did not insure the package (dumb). She sent it then left on vacation. She did not make herself available to me for the next week and a half. No email responses or voice mail responses. She did not send the tracking number until she got home. It showed the package got delivered and scanned in at my city 2 days after she sent it, but in a different part of the city I live in and on a different route than my home route. Who is responsible for the delivery? Is she responsible because she did not send me the tracking # until it was too late to do any good? I see her mistake as a vital part of this whole situation and she did not live up to her part of the "contract". The USPS maintains they are not responsible because she did not insure the package. Their own computer tells them the package did not make it to my house. The post master at my office called the Postal Inspector Dept. because the whole thing about where it got delivered (still unknown) and why it was on the wrong route does not make sense. The carrier maintains she knows nothing of it or where it got delivered and says she would not have delivered it since there is no address close to mine on that route. Who is responsible for this mess? I know I need to wait out the investigation from the inspector but would like to know my rights. Thanks for any opinions. Brian Steyer

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To tell you the truth, you are. It was your obligation to insure this. The only options at this point that you have is to dispute the transaction through EBAY, or take the seller to small claims court. Since you have the tracking number and can show that it was not delivered, and show your proof of payment, then you can sue her for your payment.

EBAY is a difficult legal matter, as one assumes liability and risk when purchasing, but it does look like you have the right to be compensated.

What has the seller said about this? Can you show that you gave all the correct information regarding your address?

PARIDISE is right -- general rule is that as soon as the seller drops off the package with the post office (assuming they put proper postage on it!) risk of loss transfers to the buyer. Rules may be different if the seller is a "merchan" -- for example, a ticket agency or similar -- but if the seller is a private party, risk of loss is on the buyer. You should have purchased insurance.

You may be able to prevail in small claims court; however, remember that you will need to file the suit in the seller's home county in NY, and you cannot recover travel and other costs associated with travelling to NY for the suit.

Your best bet is to wait for the postal inspector to get back to you, or go through ebay channels.

The auction said that insurance was not offered. I thought insurance was to protect the sender, not the receiver. That is why when she told me that it would be sent by Priority mail and I would have the tracking number the whole time it did not bother me so much. I did not get a tracking number for a week and a half and could not contact her, though I left messages and emails every day, multiple times. If I had the tracking number the day of delivery I could have gone to the USPS and chances are they could have found my package since it would have been that day (or even the next day, it still would have been fresh in everyone memory). I see it as she did not hold up her end of the contract, plus the USPS contends she sent it to the wrong zip code as their tracking shows it's destination was not my city, but it made it here anyway and got delivered to someone else or stolen but obviously never made it to my house. I would like to know if the USPS is responsible. Their computer shows it got delivered to the wrong place. That should make them responsible I feel. Insurance or not. My post master could not tell me if they are responsible. She said it is more a legal matter. Can you take the USPS to small claims court? Brian

I thought insurance was to protect the sender, not the receiver.

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Think about it -- if insurance were to protect the seller, why would the receiver have to pay for it? It protects the seller in the sense that if the buyer somehow gets their money back, then they are not left holding the bag. But, as I noted before, since the burden of risk shifts to the buyer once the purchase is mailed, insurance is really there to protect you, the buyer. If you had purchased insurance (or demanded it if the seller didn't offer it), then you would have got your money back no problem.

I see it as she did not hold up her end of the contract, plus the USPS contends she sent it to the wrong zip code as their tracking shows it's destination was not my city, but it made it here anyway and got delivered to someone else or stolen but obviously never made it to my house. I would like to know if the USPS is responsible.

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You may see it that way, but a court may not.

plus the USPS contends she sent it to the wrong zip code as their tracking shows it's destination was not my city,

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If the package was misaddressed, how can it be the USPS' fault?

Can you take the USPS to small claims court?

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No. The USPS is a federal agency, and as such you have to get permission to sue them, and then sue them in Federal Court.

If you are going to sue anyone, it's the seller. IF the seller misaddressed the package, or was otherwise "negligent" in their sending of the package, then what I said earlier about shifting the risk of loss would not hold, and you would probably have a good case in small claims court. But you will need some evidence that the seller misaddressed the package or didn't do something right in the shipping -- and no, not notifying you right away of a tracking number doesn't qualify.

Again, wait for the postal inspector to get back to you after their investigation and see what they turn up. Then, once you see what evidence you might have, you can decide what the most fruitful path will be for you.

You cannot sue the PO as they have immunity. (Further, they don't even guarantee 2-3 day delivery for Priority mail, "it's more of a guideline than a rule...")

If you have proof it was addressed wrong, you have a good case against the seller.

even more postal

does a wrong zip code qualify as wrong address? i would think so but the package still made it's way to my city so it must not be. how about the person that was running the route that delivered it that day? i would think the postal service stands by their computer system 100%. if the person running that route that day was using that computer, is it only an assumption they delivered it? they were on their route at the specific time it was delivered. can they be held liable? hopefully the usps will be using a polygraph in their investigation. thanks for your input folks. it is a big help.

does a wrong zip code qualify as wrong address?

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Probably.

how about the person that was running the route that delivered it that day? i would think the postal service stands by their computer system 100%. if the person running that route that day was using that computer, is it only an assumption they delivered it? they were on their route at the specific time it was delivered. can they be held liable? hopefully the usps will be using a polygraph in their investigation.

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Again, you really can't sue the post office -- if you could get permission to do so, you would have to do it in Federal Court, which means you would need a lawyer, and it would cost a whole hell of a lot more than the $800 you might eventually recover.

You could try and sue the letter carrier personally, but you would have to PROVE (i.e., not assume, not guess) that he was NEGLIGENT. If the address was wrong, or if the computer was telling him to drop it off at a particular place, then there is NO way you can prove negligence. Further, mail carriers may have some immunity from lawsuits dealing with mishandled mail -- you would need to do some research before trying to bring suit against the postal carrier personally.

Finally, why are you balking at going after the person you SHOULD be going after -- the seller?

postal hell

well, balking at going after the seller? I'm not, but the concensus seems to be that she is not at fault. I still feel since she told me (before she actually sent it) i would get a tracking number and be able to track it the whole way, and then she did not send it until a week and a half later, she broke our "contract" of sorts. EBAY says it considers a winning auction a binding contract. She did not supply me with what she promised. By the time i got the tracking # it was way too late to figure out where the package went because many people can't even remember what they did yesterday. the carrier did not know where it was delivered, even though it was through her computer on her delivery vehicle on the wrong route. There is a chance she stole it but she would have to be dumb as a rock to try to get away with that. That is why i get so upset about the USPS not being liable. their own computer tells them they made a mistake in delivery. they acknowledge it did not make it to my house. why should they not be liable, insured or not? i am just gonna wait and see what happens with their investigation. It could take a long time. I will just keep my records and trynot to let this consume me like it has for the past two weeks. i am leaving for florida tonight or tomorrow morning and will just buy tickets down there. Oh, and she lives in NY and I live in Ohio. I would not hesitate to drive there and file a small claims and drive back to have my day in court if I knew I had a good case. It seems to me that the USPS should pay up though. I want to thank everyone who has chimed in and given things to think about. This is a great forum to have. Wish I would have known about it a long time ago. Brian