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Shipper decided to keep most of refund money from UPS claim

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Tabster

Member
I'm not sure where to post this or if there is anything I can do. I collect dolls and contacted someone through Craigslist about 3 vintage dolls they were selling. I text her and she agreed to ship them to me. She packaged them and told me the price for shipping through UPS. I Paypal'd the money for the dolls plus the shipping. She sent me a copy of the shipping label receipt and the package arrived on time. When I opened it, there were only 2 dolls inside. There was a sticker across one end that had obviously been cut through and taped back together. UPS told me the shipper had to file the claim and so she did. This was in October. I sent completed eBay auction of the same doll which was submitted for the claim. UPS granted the claim and today I received a check from the seller's bank for $50. I called UPS and found out that the seller/shipper was sent $177. ($100 for the doll since she didn't insure the package(max) and $77 that I paid for shipping) I text her and she wrote back that she thought 1/3 was fair to send to me because she had to do so much in regards to shipping and the claim process. (?!?)
I just can't believe it.
Any suggestions?
Thank-you
 


LdiJ

Senior Member
I'm not sure where to post this or if there is anything I can do. I collect dolls and contacted someone through Craigslist about 3 vintage dolls they were selling. I text her and she agreed to ship them to me. She packaged them and told me the price for shipping through UPS. I Paypal'd the money for the dolls plus the shipping. She sent me a copy of the shipping label receipt and the package arrived on time. When I opened it, there were only 2 dolls inside. There was a sticker across one end that had obviously been cut through and taped back together. UPS told me the shipper had to file the claim and so she did. This was in October. I sent completed eBay auction of the same doll which was submitted for the claim. UPS granted the claim and today I received a check from the seller's bank for $50. I called UPS and found out that the seller/shipper was sent $177. ($100 for the doll since she didn't insure the package(max) and $77 that I paid for shipping) I text her and she wrote back that she thought 1/3 was fair to send to me because she had to do so much in regards to shipping and the claim process. (?!?)
I just can't believe it.
Any suggestions?
Thank-you
Did you pay her for the doll, or did you not have to pay for the doll? If you paid her for the doll, then she should have reimbursed you whatever UPS gave her, up to your full cost of shipping and paying for the doll. If you didn't pay her for the doll, then $50.00 might be fair.
 

Tabster

Member
Did you pay her for the doll, or did you not have to pay for the doll? If you paid her for the doll, then she should have reimbursed you whatever UPS gave her, up to your full cost of shipping and paying for the doll. If you didn't pay her for the doll, then $50.00 might be fair.
Yes, I paid her full asking price for the 3 dolls plus the shipping that she asked.
 

Zigner

Senior Member, Non-Attorney
Then she should have refunded you the price of the doll plus the shipping. File a dispute with Paypal.
I don't actually agree - or maybe I do. If you mean that person should get back the difference between the shipping cost for 2 dolls vs 3 dolls, then I agree. The OP should not get back ALL of the shipping. Chances are that the cost of shipping had more to do with the volume of the package than the weight, so there might not be any additional shipping involved.
 

LdiJ

Senior Member
I don't actually agree - or maybe I do. If you mean that person should get back the difference between the shipping cost for 2 dolls vs 3 dolls, then I agree. The OP should not get back ALL of the shipping. Chances are that the cost of shipping had more to do with the volume of the package than the weight, so there might not be any additional shipping involved.
I think that the poster should get back the cost of one doll plus the cost of shipping...prorated for one doll. If these are antique dolls it might not be the case that the volume of the package was more significant for shipping purposes than the weight.
 

Tabster

Member
I’m not sure I’m making myself clear.... UPS paid the claim, no problem. But the seller of the dolls chose to keep $127 of the refund check for themself and only sent me $50 of the $177 refund check that they received from UPS.
Do I have any recourse?
 

LdiJ

Senior Member
I’m not sure I’m making myself clear.... UPS paid the claim, no problem. But the seller of the dolls chose to keep $127 of the refund check for themself and only sent me $50 of the $177 refund check that they received from UPS.
Do I have any recourse?
Again, dispute it through Paypal since that is how you paid the seller. Otherwise, there is likely nothing that you can do.
 

Tabster

Member
I’m not sure I’m making myself clear.... UPS paid the claim, no problem. But the seller of the dolls chose to keep $127 of the refund check for themself and only sent me $50 of the $177 refund check that they received from UPS.
Do I have any recourse?
So, I paid $150 for 3 dolls of which I only received 2. I additionally paid $77 for shipping for these 3 large, heavy dolls of which I only received 2.
I was given $50 back, not from the seller’s own personal money but actually from the $177 refund the seller received from ups. So, the seller actually made an extra $127 on the deal ontop of my $150 they already have.
Is that not stealing?
 

LdiJ

Senior Member
So, I paid $150 for 3 dolls of which I only received 2. I additionally paid $77 for shipping for these 3 large, heavy dolls of which I only received 2.
I was given $50 back, not from the seller’s own personal money but actually from the $177 refund the seller received from ups. So, the seller actually made an extra $127 on the deal ontop of my $150 they already have.
Is that not stealing?
Morally yes, legally its probably not something that the police would act upon. However, since UPS paid WAY more than the value of one doll plus a prorated shipping amount, I am guessing that its UPS that was stolen from more than you. You got refunded the cost of one doll, since it was 150.00 for three and you got 50.00. What you did not receive was the prorated shipping, of 1/3 of 77.00, which would be about 26.00. So, the actual loss was about 76.00 and UPS paid 100.00 more than that. If you had received the whole $177.00 you would have gotten back all but 50.00 of what you paid for ALL of the dolls.
 

Tabster

Member
Yes, I agree except that the dolls were not of equal value. But, that doesn’t really matter at this point I guess. I’m not trying to make money from UPS on the deal but I believe that I deserve to be made whole. I suppose I’m naive because I just can’t believe she has done this.
I filed a dispute against the Grinch through PayPal and will just have to wait and see.
Thank-you
 

not2cleverRed

Obvious Observer
I think that the poster should get back the cost of one doll plus the cost of shipping...prorated for one doll. If these are antique dolls it might not be the case that the volume of the package was more significant for shipping purposes than the weight.
Why should the SELLER get anything?

Let me put it another way: OP has paid for the dolls, and paid for the shipping. The SELLER has lost nothing. OP is the one with the loss. The seller had the option of either reimbursing OP, or assisting OP with filing the claim and praying that OP would be happy with that and not sue/contest for the different between the claim payout and losses - especially since the seller did not insure the package for the full value.
 

LdiJ

Senior Member
Why should the SELLER get anything?

Let me put it another way: OP has paid for the dolls, and paid for the shipping. The SELLER has lost nothing. OP is the one with the loss. The seller had the option of either reimbursing OP, or assisting OP with filing the claim and praying that OP would be happy with that and not sue/contest for the different between the claim payout and losses - especially since the seller did not insure the package for the full value.
Having worked for many companies that ship products I can tell you that the buyer of a shipped good cannot make a claim with the shipper. Its the seller that has to make a claim with the shipper and reimburse the buyer.
 

Zigner

Senior Member, Non-Attorney
One thing I'd like to say again, in case it was missed: It's entirely possible that the shipping cost was driven by the volume of the shipment, not the weight. As such, it could have cost the same for two dolls or three dolls.
 

not2cleverRed

Obvious Observer
Yes, I agree except that the dolls were not of equal value. But, that doesn’t really matter at this point I guess. I’m not trying to make money from UPS on the deal but I believe that I deserve to be made whole. I suppose I’m naive because I just can’t believe she has done this.
I filed a dispute against the Grinch through PayPal and will just have to wait and see.
Thank-you

1) Of what you paid for the dolls, how much did you mentally allocate for the missing doll? We don't need your total, just what you thought you were paying for that doll. For example, if you paid $300 for the dolls, and you were telling yourself that it was worth it because the missing doll was worth 2 of the others, you are thinking it's worth $150.

2) Whose decision was it not to fully insure the package?

3) Have you done a search to see if she has reposted the doll for sale, perhaps under a different seller name?
 

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