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Was sold a broken item, what to do?

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M

mr_Goodbomb

Member
What is the name of your state (only U.S. law)? WV, seller in CT


I purchased an item online, not through Ebay, and paid with PayPal. It arrived non-functioning. The seller basically said "it shipped working, not my problem." PayPal doesn't back any item that is "not as described" (so as long as someone sends you SOMETHING, they don't back it). It was a fairly high-priced item, about $500, and it had shipping insurance, but USPS repeatedly denied the claim. The seller took too long to get me the insurance information, so they've denied it on time-related grounds (60 day filing limit). When I took it in to the post office to have it looked at, they said it was very poorly packaged, and probably wouldn't qualify for insurance anyway, because it wasn't packaged well enough. I cannot afford a lawyer for this sort of thing. What should I do?
 


A

Antigone*

Senior Member
mr_Goodbomb said:
What is the name of your state (only U.S. law)? WV, seller in CT


I purchased an item online, not through Ebay, and paid with PayPal. It arrived non-functioning. The seller basically said "it shipped working, not my problem." PayPal doesn't back any item that is "not as described" (so as long as someone sends you SOMETHING, they don't back it). It was a fairly high-priced item, about $500, and it had shipping insurance, but USPS repeatedly denied the claim. The seller took too long to get me the insurance information, so they've denied it on time-related grounds (60 day filing limit). When I took it in to the post office to have it looked at, they said it was very poorly packaged, and probably wouldn't qualify for insurance anyway, because it wasn't packaged well enough. I cannot afford a lawyer for this sort of thing. What should I do?
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You will need to sue the bad guy in his jurisdiction.
 
S

swalsh411

Senior Member
You should not have waited 60 days because you're almost certainly past the limit to dispute the charge. Why would you wait that long? He probably knew the 60 days limit and was dragging it out. You could sue him but you would have to travel to his state and travel expenses would not be recovered if you won.
 
M

mr_Goodbomb

Member
swalsh411 said:
You should not have waited 60 days because you're almost certainly past the limit to dispute the charge. Why would you wait that long? He probably knew the 60 days limit and was dragging it out. You could sue him but you would have to travel to his state and travel expenses would not be recovered if you won.
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Maybe you would like to read again.

"The seller took too long to get me the insurance information."

I'd say he was apprehensive to get back in contact with me because he assumed it might mean he'd have to account for his actions and refund me.

However, your logic is flawed, as "dragging it out" wouldn't serve him any purpose. USPS would be paying the claim, not him, so giving me that information in a timely fashion has no affect on him.
 
B

BL

Senior Member
mr_Goodbomb said:
What is the name of your state (only U.S. law)? WV, seller in CT


I purchased an item online, not through Ebay, and paid with PayPal. It arrived non-functioning. The seller basically said "it shipped working, not my problem." PayPal doesn't back any item that is "not as described" (so as long as someone sends you SOMETHING, they don't back it). It was a fairly high-priced item, about $500, and it had shipping insurance, but USPS repeatedly denied the claim. The seller took too long to get me the insurance information, so they've denied it on time-related grounds (60 day filing limit). When I took it in to the post office to have it looked at, they said it was very poorly packaged, and probably wouldn't qualify for insurance anyway, because it wasn't packaged well enough. I cannot afford a lawyer for this sort of thing. What should I do?
Click to expand...
Pay Buyer Protection.

2. Your order arrives, but it's significantly different than it was describedThere are a variety of scenarios that meet this condition, for instance:

•You received a completely different item.
Example: You purchased a book, but received a DVD.
•The item's condition was misrepresented.
Example: The listing said new but the item had clearly been used.
•The item is missing parts or features, and this was not disclosed.
Example: The listing said batteries included - but they weren't.
•You purchased a specific quantity of an item - but received the wrong amount.
Example: You purchased five pairs of fuzzy dice, but only received four.
•The item was damaged en route to its destination.
Example: You bought a beautiful antique lamp - and it arrived in pieces.
•You received a counterfeit version of the item.
Example: You purchased a Rolex but received a Faux-Lex.
 
G

George1776

Member
You have scammed on ebay, big surprise ... when will people learn. You likely have no reasonable recourse. Bye bye $500 ...
 
M

mr_Goodbomb

Member
George1776 said:
You have scammed on ebay, big surprise ... when will people learn. You likely have no reasonable recourse. Bye bye $500 ...
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Scammed? Jesus, what are you even talking about? All I said was it was sold "not through Ebay," and somehow you read that I've "scammed" them. I love how rude and accusational people are here. Everyone's just so pleasant.

It was bought/sold through a forum. Ebay not involved, but PayPal was.


swalsh411 said:
Was the item something forbidden by Paypal's TOS? Seller protection would not apply there.
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It's a guitar amp. PayPal doesn't protect ANYTHING not purchased via Ebay outside of that the seller send you SOMETHING. In researching since this, I've heard of people sending envelopes or empty boxes. As long as they send something they can provide tracking for, they've met PayPal's requirements as a seller.
 
A

Antigone*

Senior Member
mr_Goodbomb said:
Scammed? Jesus, what are you even talking about? All I said was it was sold "not through Ebay," and somehow you read that I've "scammed" them. I love how rude and accusational people are here. Everyone's just so pleasant.

It was bought/sold through a forum. Ebay not involved, but PayPal was.




It's a guitar amp. PayPal doesn't protect ANYTHING not purchased via Ebay outside of that the seller send you SOMETHING. In researching since this, I've heard of people sending envelopes or empty boxes. As long as they send something they can provide tracking for, they've met PayPal's requirements as a seller.
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Mr. Goodbomb, please ignore george. His postings have given him the credibility of a village idiot:cool:
 
B

BL

Senior Member
mr_Goodbomb said:
Scammed? Jesus, what are you even talking about? All I said was it was sold "not through Ebay," and somehow you read that I've "scammed" them. I love how rude and accusational people are here. Everyone's just so pleasant.

It was bought/sold through a forum. Ebay not involved, but PayPal was.




It's a guitar amp. PayPal doesn't protect ANYTHING not purchased via Ebay outside of that the seller send you SOMETHING. In researching since this, I've heard of people sending envelopes or empty boxes. As long as they send something they can provide tracking for, they've met PayPal's requirements as a seller.
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It appears you waited too long .

What is PayPal Purchase Protection?
Question :
Answer :
When you pay with PayPal on any website PayPal Purchase Protection covers you if you have a problem. If an item doesn’t arrive or is significantly not as described we will help you to get a full refund.

To qualify for PayPal Purchase Protection:


Use PayPal to complete your payment.
Pay for the item with one payment. Items purchased with multiple payments aren't eligible.
Let the seller know there's a problem with the transaction by opening a dispute in the Resolution Center within 45 days of making your payment. Then, escalate the dispute to a claim within 20 days of the date you opened the dispute.
Keep your PayPal account in good standing.

If your transaction qualifies for PayPal Purchase Protection you are covered for the full purchase price plus the original shipping charges.

You can report your problem in the PayPal Resolution Center or the eBay Resolution Center. Either way, you’ll receive the same coverage. To find out how to report a problem on eBay, go to eBay and click Resolution Center at the bottom of any page.

Please note that some purchases such as vehicles in the Motors category, intangible items, capital equipment in the Business & Industrial category, and Real Estate aren't eligible for PayPal Purchase Protection.

To learn more about PayPal Purchase Protection and to see a full list of eligibility requirements and exclusions, please review our User Agreement. You can find the User Agreement by clicking Legal Agreements at the bottom of any PayPal page.
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