eBay: Master Thread

[ChaimMoskowitz]

T&C can say fhat addressee needs to cooperate from today till tomorrow it's something that's out of my control you can't sell me insurance and then disclaim coverage for something that was out of my control. Thats called unconscionable.

Don't shoot the messenger. They need to see the package to determined if they can tell it was damaged. If they deny the claim you can appeal it. Do you really want to put the time in suing the federal government?

[hvaces42]

Don't shoot the messenger. They need to see the package to determined if they can tell it was damaged. If they deny the claim you can appeal it. Do you really want to put the time in suing the federal government?

The addressee sent pics. They want the original. I dont control that and he threw it out. Theyre also a separate entity not the federal government. it's also small claims court and the package was sent from a hick town in Upstate New York I'm sure the court will be more than happy to deal with a case like this

[ChaimMoskowitz]

Theyre also a separate entity not the federal government.

You are the lawyer but they are covered by Federal Claims Tort Act.

As far as not being part of the federal government.
The Supreme Court has even weighed in on what being “independent” means for the USPS, in an opinion from 2004:
The PRA’s designation of the Postal Service as an “independent establishment of the executive branch of the Government of the United States,” 39 U. S. C. §201, is not consistent with the idea that the Postal Service is an entity existing outside the Government. Indeed, the designation indicates just the contrary. The PRA gives the Postal Service a high degree of independence from other Government offices, but it remains part of the Government.

[hvaces42]

You're confusing me with someone who gives a damn. 

[ChaimMoskowitz]

You're confusing me with someone who gives a damn. 

Just trying to save you from wasting your time. 

[hvaces42]

All I can say is the NY State Trooper who took my report on thia matter said hes looking into a career change. He want to order phones on eBay and claim that an empty box came. Its inconceivable that this should happen. Ebay, USPS, Buyer no one owes me anything? Why would i ever sell or buy on ebay again?

[Definitions]

It fit into an exception to that rule.

What was the exception? Was it that you claimed that it was stolen by the buyer?

. Thats called unconscionable.

Even if it is (which I wouldn't be so quick to call it that), doesn't that make the whole insurance contract thing void and now they don't have to pay?

[hvaces42]

What was the exception? Was it that you claimed that it was stolen by the buyer?
I dont recall but tge rep mentioned it and told me how to get around that when i filed the claim.
Even if it is (which I wouldn't be so quick to call it that), doesn't that make the whole insurance contract thing void and now they don't have to pay?

I agree. They refuse to refund that fee too. How can i control a party that they delivered to? How can i make anyone receiving my package cooperate? What purpose does insurance have if I must compel a 3rd party to cooperate?

[ChaimMoskowitz]

How can i control a party that they delivered to? How can i make anyone receiving my package cooperate? What purpose does insurance have if I must compel a 3rd party to cooperate?

Look at it from there side. It would be so easy to scam them if they didn't.

[hvaces42]

Look at it from there side. It would be so easy to scam them if they didn't.

Insurance has risks. They calculate premiums based on risks. Please. If they were legitimately insuring something (and i believe its a sham) they would have reinsurance to cover their losses.

[ChaimMoskowitz]

Let me get this straight. You claim is that the package was delivered, not damaged but a postal employee stole what was inside it?

[hvaces42]

Let me get this straight. You claim is that the package was delivered, not damaged but a postal employee stole what was inside it?

Thats they buyer's claim. I shipped a package and my addressee says he got an empty package. They dont care about the 2lbs 6oz weight. They dont care that the postal employee helped me package it with his tape and saw that it was a cellphone in a box amd was insured for $675. They dont care. Ebay didn't cover me as a seller becaue weight doesnt matter.

[ChaimMoskowitz]

Thats they buyer's claim. I shipped a package and my addressee says he got an empty package. They dont care about the 2lbs 6oz weight. They dont care that the postal employee helped me package it with his tape and saw that it was a cellphone in a box amd was insured for $675. They dont care. Ebay didn't cover me as a seller becaue weight doesnt matter.

It sucks but not sure why you feel you have a claim against the PO. Of all the possibilities that is the least likely.

[hvaces42]

It sucks but not sure why you feel you have a claim against the PO. Of all the possibilities that is the least likely.

Until you've met a crooked postmaster of a small town post office, I think I'm entitled to have my doubts. The guy was overly helpful. The delivery was not to the addressee but to a third party when I paid for signature confirmation. The Suite that it was to be delivered to is not registered on the delivery end of things. I have a claim and I will pursue it until its end.

[ChaimMoskowitz]

Until you've met a crooked postmaster of a small town post office, I think I'm entitled to have my doubts.

If you want to base it on that then you are way out of your league. 

[hvaces42]

If you want to base it on that then you are way out of your league. 

No one is beyond suspicion. Sorry. A bit of life experience has taught me that. You know it.  Bottom line is that this was the perfect storm. And its so easy to replicate which really makes me sad. The buyer has a great rating on eBay and that is why they denied my protection and gave him hi money back. I have a 100% rating as a seller too. So this is really weird.

[ChaimMoskowitz]

No one is beyond suspicion. Sorry. A bit of life experience has taught me that. You know it.

I agree 100%. The odds are on the guy on the end but unless you have some proof you are SOL. Either way you can appeal if you get denied. Form is online.

[hvaces42]

I agree 100%. The odds are on the guy on the end but unless you have some proof you are SOL. Either way you can appeal if you get denied. Form is online.

Havent been denied yet

[hvaces42]

I agree 100%. The odds are on the guy on the end but unless you have some proof you are SOL. Either way you can appeal if you get denied. Form is online.

You only get one empty box claim with eBay. He has hundreds of transactions. At this point its just my bad luck.

[Thingywingy]

I am in middle of a similar incident as @hvaces42 except my loss would be much smaller and I used USPS forst class which I don't think includes insurance. I sold a new Kindle and the buyer claims the package came empty. They sent me pictures of the envelope which seems to show the adhesive still covered by the "sticker" you are supposed to peel off. I don't recall specifically removing the "sticker", but to not do so seems very unlike me. If I did not properly close the envelope, do I have any legitimate claim from USPS? Any advice on how to proceed?