Where do I file?

What is the name of your state? Arkansas

In June, I bought a console for 442 Olds through ebay. It was delivered, shattered and in pieces.

I contacted the seller, who arranged for FEDEX to pick the console up. FEDEX determined that the damage was due to poor packaging, and the seller was responsible.

FEDEX then lost the package for over a month getting it back to the seller. I understood that the seller wanted to see the condition of the console before refunding my money, so I waited. I was assured that once he saw the damage, he would refund my money, and take the matter up with FEDEX himself.

He finally received it back, saw it was in pieces, and decided to appeal the decision. He kept putting me off about the refund. I finally advised that I would have to seek legal advice. He asked me to give him 2 weeks to refund the money. 2 weeks have come and gone.

My questions.....would his email to me explaining FEDEX's decision stand up in court? He lives in Ohio...would I have to file in Ohio, or here in Arkansas?

Thanks

You need to file in Ohio.

Thank you for answering, John. Not exactly what I wanted to hear, but thanks nonetheless.

With me being in Arkansas, would I have to travel there? And I was wrong, he lives in Pennsylvania (don't know where Ohio came from). I figure I probably will, but was just wondering if it's possible to present your case without actually being present?

Thanks again!

How did you pay for the auction? If you used Paypal the auction might qualilty for the buyers protection program. If you used PayPal check with them to see if you qualify.

Yes, I paid through paypal, but in order to use that service, you have to file your claim within 30 days. I waited too late. When FEDEX lost the package and sent it all over the US for a month, my time expired.

Now, he won't even answer my emails.

You said you paid thru paypal. Did you use a paypal balance or did you use a credit card?

If you used a credit card, file a chargeback thru the credit card company. Print out all your emails from this seller with full headers, also, and send those with the complaint.

I paid with a Mastercard Debit Card, through my checking account. Would that work the same as a credit card?

Hamper said:

I paid with a Mastercard Debit Card, through my checking account. Would that work the same as a credit card?

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It just might. Call the phone number on the back of your card and tell them you want to know how to file a chargeback. They will help you thru the process.

Just a word of catuion, make sure you do not have any cash in your paypal account when you issue a chargeback with your credit card company. Allthough it has never happened to me, I heard stories of Paypal freezing money in your account if the back issues a chargeback aginst Paypal. So if there is any balance in your PayPal account request a withdraw first.

Hamper said:

I paid with a Mastercard Debit Card, through my checking account. Would that work the same as a credit card?

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And the CORRECT answer is.... no.
Debit cards (actually EFT - Electronic Fund Transfers) do NOT have the same protections as credit cards. And no, you cannot do a 'chargeback' as that right (per the FCBA) does NOT apply to EFT cards.

VMBurge said:

I beg to differ with you! If your debit has a logo Visa or Mastercard on it, it will be treated like a credit card also and your bank will credit back the disputed amount.

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And of course, that is NOT true.
VISA and MasterCard have both gotten into the 'debit card' business, but that does NOT make their debit cards into credit cards, nor does it give a consumer the protection of the FCBA.
The difference: Debit cards access a depository bank account, while credit cards access a line of credit.

The following is excerpted from an industry website:
"A PIN-based or direct debit card removes a purchase price from your checking account almost immediately. These kinds of debit cards are accepted at gas stations, supermarkets and stores such as Wal-Mart, Walgreen's and Target.

A signature-based or deferred debit card has a Visa or MasterCard logo. These cards are accepted anywhere Visa and MasterCard are accepted. Just hand the clerk your card and sign a sales slip and you're done. The purchase amount will be removed from your bank account in two or three days.

Some banks offer both types of debit cards. Other banks place both kinds of debit functions on the same card. Let's say your debit card lets you pay by PIN or by signature.

When you swipe your card through at the checkout line, you'll be asked if you want to pay by debit or credit. If you hit "debit," you'll need to input your PIN number. If you hit "credit," you'll need to sign the sales slip.

Don't know what kind of debit card you have? Call your bank and ask."
Source: http://www.bankrate.com/brm/news/cc/20010813a.asp

VMBurge said:

I have 2 debits with a line of credit , I had a similar experience with an online order and it was credited back to my account. I speak from my own experience, thats all! It worked for me!

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And absolutely NONE of that matters.... or is relevant to this thread.

First, if the 'debits' are backed with lines of credit as you claim, they are NOT true debit cards.
Second, though your cards may have protected you, IF they were true debit cards, the issuer was not obligated to do so... but merely chose to as a 'good marketing' decision.