Ebay deal gone bad; need advice on filing small claims

[DesertBoi]

What is the name of your state? Arizona

I bought a satellite radio from a seller on ebay this past June. The total cost with shipping was $85.00 The seller charged me for Fedex priority shipping, yet sent it via Fedex ground. I tracked the package via the Fedex website, and the package was supposedly delivered to my front door. I was home all day, and no Fedex driver came to my door and I never received nor signed for the package. I asked my neighbor as well as the front office of my apt. complex, and no one had my package.

I contacted the seller on July 1st and explained this to him. He said he would open a claim with Fedex on July 5. I waited a few weeks and contacted the seller on July 28. He said that he would ask Fedex for a status on the claim, but I never heard from the seller again.

I opened an "item not received" dispute with Ebay, but they do not cover any loss that occurs as a result of a shipping problem. Had I paid for the radio with my credit card, I could have disputed the charge with my bank. However, I was in the process of getting a new cc number at the time so I paid for the radio with a USPS money order.

So basically, I feel that since the seller shipped it via Fedex, he has washed his hands of it. And Ebay's buyer protection does not cover shipping problems, so they aren't going to reimburse me. It's almost not worth the trouble for me to file an $85.00 claim, but the principle of this issue, along with the lack of cooperation from the seller (as well as ebay and Fedex), really has me irritated.

I am going to notify the BBB, for whatever good that does, and I am also going to file a small claims case. My question is, who do I open the claim against? The seller? Or Fedex?

 

[dallas702]

File a claim with FedEx based on your tracking number. You can only get the claimed value on the form, which in this case I suspect might be nothing.

You can state in your "feedback comments" that the seller was uncooperative and didn't communicate after the problem arose. That's about it for him.

 

[Jypsy]

As far as I knew, it wasn't up to the seller to track down items lost by the shipping companies. If you didn't pay for or request the item to be insured, please don't blame the seller. They did their part and shouldnt be punished. Once it leaves their hands, it's out of their control. Can you imagine how easy it would be for everyone to blame the sellers whether they got the merchandise or not and demand refunds if that were the case? The seller could provide you with the tracking number but other than that, I don't really think it's up to them.

 

[dallas702]

If the seller has opened a claim with FedEx he will receive compensation. But he is not the one with the loss. If the seller is not responding to the buyer, and may be compensated AGAIN, then he is certainly reponsible for the buyer's loss.

 

[ablessin]

As far as I knew, it wasn't up to the seller to track down items lost by the shipping companies. If you didn't pay for or request the item to be insured, please don't blame the seller. They did their part and shouldnt be punished. Once it leaves their hands, it's out of their control. Can you imagine how easy it would be for everyone to blame the sellers whether they got the merchandise or not and demand refunds if that were the case? The seller could provide you with the tracking number but other than that, I don't really think it's up to them.

I agree with you. I have had several items that my buyers have claimed were broken or damaged when they received them.
A few times I offered a purchase price refund, but really it is something that I can control once I leave the post office desk!
I am glad someone out there has the same opinion on this as me! I felt bad - but really, it costs to list, it costs to accept paypal,etc.
Now, on my items I usually will put no refunds.
Plus - honestly - how do I know it really arrived damaged?? Anyone can say it was broken, how do I know that it is -in fact - defective?

E-bay is not a retail store, there is little recourse from what I can tell. You take a risk - both the buyer and the seller take a risk with each transaction.

 

[Jypsy]

I am glad someone out there has the same opinion on this as me!

Me too...lol

So many of these issues are answered on the "Site Map" page of E-Bay yet so many people go about spreading misconceptions and don't bother to hunt for answers before they holler scam. The fact is, the seller has a lot more to risk by perpetrating auction fraud, non-delivery of goods, etc than the buyers are risking by making purchases. The buyer might only be out a few dollars, the seller (if they're actually purposely scamming people) will be investigated and be prosecuted and either be heavily fined or be jailed.

A $50.00 purchase only costs about what? $1.40 to insure? Just include it with the payment and request insurance. Reputable sellers are MORE than happy to comply!