Bought item and insurance, never got item, now what?

[jtls66]

What is the name of your state? CT
I recently bought a several thousand dollar item from a business not in my state. I also paid $50 to cover shipping and insurance costs. The business supposedly sent the item and sent me a tracking number. I viewed the tracking number only to find out the item was "delivered", though I did not receive it. The seller had paid for delivery confirmation, but says he "forgot" to insure the item. According to the tracking, the item was scanned by a USPS delivery person, and thrown in someone's mailbox in my city (no signature was required). I know it was not delivered to me because it was delivered in the morning and my mail is always delivered in the late afternoon. I have nothing concrete that proves I did not get the item. The seller states that it was delivered, though he does not know to who (because no signature was required). the seller did admit he forgot to insure the item and sent me a $46 refund for the unused insurance money. Questions:
Should the business (seller) refund the purchase price of the item since I never got it?
Did I just get scammed (since the seller does have tracking information that says the package was delivered in my city, though no record of to who)

Any thoughts on a course of action to try to get a refund?

I Contacted the better business bureau and that went nowhere. Was it a coincidence that this item that should have had a lot of insurance coverage, was not insured, and got lost?... One would think if it did get misdelivered, the recipient would have given it back to the post office rather than opening and keeping it or throwing it out. Seems too fishy. Regardless, the item was not insured and that was not my fault since I paid for the insurance. Thanks for your advice.

 

[Rowbear]

Take the tracking number and go down to the distribution office of the carrier who botched up this delivery. Demand to see the log sheets and talk to the driver that is assigned to your area. Make a lot of phone calls to the supervisor and explain how mad you are about this lost. Explain how you are a loyal customer and threaten never to use this service again.

 

[jtls66]

The package that was lost was mailed through the US Postal Service, and they really could care less that it was lost. They did tell me that the package most likely was not delivered to me, and they spoke to the delivery person that day and the person did not remember the package. If there was insurance on the item I could have filed a claim, but because there was no insurance the Post Office said sorry there is nothing they could do. They suggested dealing with the bozo who forgot to put the insurance on the item. My question remains - Is the seller responsible for the loss because they failed to insure the item properly or did I just lose out and get ripped off? I am curious if a lawyer can actually do anything about this to get my money back or will I just lose all the recovered money to legal bills. It would be batter if I could do it myself, but I don't know how. The Better Business Bureau proved basically worthless in this matter because they have no power to do anything. Thanks.

 

[Rowbear]

The Better Business Bureau is a good place to complain as it creates a database for unscrupulous businesses that can be found the next time someone considers buying from the same business. A high dollar purchase that you made would have been good to consult the BBB prior to sending the money. It does appear you have a good case for liable since there was an accepted amount of funds to insure the package. The sender refunding your insurance cost after you have made a claim of loss does not relive them of the responsibility. Since they were the ones who offered insurance they remain liable regardless if they insure through the US Postal service or some other private insurance company. Who knows they may have decided to pocket the insurance cost considering it low risk of loss.

The problem would be attacking this liable action in court. It sounds more of a small claim issue and would have to be filed in the seller’s jurisdiction. So you would need to travel to the area of where the transaction took place. If traveling is an option, these types of cases can be argued in front of a judge without a lawyer. If it is not an option be persistent with the seller in settling this issue with you. Inform the seller you will complain to the BBB, Postal Authorities, and advertisement agency that you learned of this product. For example Ebay has a good complaint system that will end all sellers business once received.

If the seller’s not talking and ignoring your calls and letters than it was a scam. If this is the case, file all your complaints and check this one in the lost column. You will have certainly learned a lesson for the next time, but for sure you’re not the first or last one to fall for any deception.