$1800 loss on eBay

[NeNePie]

What is the name of your state? California

Greetings: We purchased a refrigerated pizza table from an eBay seller in Texas. We paid with PayPal and prepaid freight through the seller's preferred shipper (as per their eBay ad they requested a specific shipper). The refrigerator arrived smashed and we refused it. We filed a claim with the shipper who took 60+ days to process the claim and then denied it, saying that the eBay seller did not crate the item properly. The seller says that it was crated correctly and will not refund our money. They aren't answering our correspondence anymore. The shipper maintains that they are not liable. It's too late at this point to pursue through eBay and PayPal, and both have offered us canned responses with no real help, saying that it is too late to exercise rights through PayPal or eBay. Meanwhile, I read conflicting advice about who to sue and in which state. The shipping companies involved seem to be in New Mexico. The seller is in Texas, and we are in California. At this point we're willing to fly wherever to pursue this because we feel cheated!

Thanks in advance.

 

[tijerin]

First, how did YOU file a claim with the shipping company? Typically they would only take the claim from the person that shipped it.

Second, you'd have file a suit in texas against the seller.

Personally, if you refused the shipment, then the goods were never "delivered" to you and the damaged goods is an ssue between the seller and the shipping company, not your problem.

I don't know Texas laws though. Anyone want to join in?

 

[NeNePie]

First, how did YOU file a claim with the shipping company? Typically they would only take the claim from the person that shipped it.

That was a sticky point. Since we prepaid the shipping and paid for the item beforehand on PayPal, the shipping company wanted me to file the claim. They felt that I owned the item even before I received it.

 

[JETX]

The seller is in Texas, and we are in California. At this point we're willing to fly wherever to pursue this because we feel cheated!

Since you are in California, and so is eBay, you have a pretty good argument for the California courts having venue. Your choice is to file in California and see if they file a motion to challenge. If they do, argue as above. If they win, you may have to refile in Texas.
However, if they don't win the venue challenge, you will likely get a judgment against them.

You would have to then domesticate that judgment into Texas to be able to reach their assets (if any).

 

[tijerin]

That was a sticky point. Since we prepaid the shipping and paid for the item beforehand on PayPal, the shipping company wanted me to file the claim. They felt that I owned the item even before I received it.

That's ridiculous. EVERYONE prepays for shipping EVERY TIME they buy anything online from anyplace. If you buy something from Amazon.com, they tack on shipping. You pay them with a credit card prior to them sending your order. Why would this transaction be any different than any other online transaction.

I've used Paypal many times and I've been selling on ebay since 1998. I've even used Paypal to ship items (through their funnel to UPS) and for almost 2 years I did it full-time. Anytime there was damages to goods, I was the one that had to file the claim (which I did) and wait for the insurance to pay out. In the meantime, I'd send the buyer a new product, if available, or a refund, if not.

Have you tried SquareTrade or any of the other dispute resolution services that eBay offers? I don't know if they have a timeframe to file a dispute or not.

Fact remains, you paid for something and you've received nothing. If you want to sue, I'd listen to JetX, file in small claims court and see if you can't get a judgment in California. It won't cost you much to file so if he does manage to get it dismissed, you still got his attention. Then go re-file in Texas.

 

[NeNePie]

Thanks to all. We'll do just that. Husband is looking up the court info right now...