am i in the wrong!!!

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Posted By: marty q

o.k, here is the story, i bought a 1953 mothers cookie set, paid $230 for it with ship and insurance. it came damaged, shipped by ups. the box was crushed, the set was in sheets in between 2 pieces of flimsy cardboard, the set slipped over the cardboard and the top 3 card of each sheet were creased from i guess the box crush at that spot, i emailed the seller, he says he put in a claim, great, but that i would have to wait for it. my thought is he should give me my money back and he should wait for the claim money. his take is i should wait and tough luck, am i wrong!!??. btw, i sent it back with ups and a claim it was damaged.

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Posted By: Steve

Marty he should refund you and then he can deal with his agent (the shipper)

How did you pay?

Steve

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Posted By: Rob D.

Marty,

About 2-3 years ago I was high bidder on an Indians figurine in an Inside the Park Collectibles auction. It arrived UPS with the head broken off, despite the fact it was packed well. After calling IPC, I had a refund within a week. They filed their claim with UPS and waited for their reimbursement.

Basically, it all comes down to who you're dealing with. Some people will do the right thing, others will say tough luck and make you wait.

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Posted By: marty q

hi steve, i did paypal, and i filed with them, nothing on their end.

hi rob- that i would think is the good buisness way to do it. but this guy says i am dead wrong! go away. got me pissed!!!!

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Posted By: rand

its a shame that a great collectible is lost (condition wise) the seller should refund your money now. but i had a deal with huggins/scott auction 3 years ago and i had to pester them to refund me before they got the claim money back. at least you know it will happen one way or another

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Posted By: Dan Koteles

1. He could have packed it better....his responsibilty
2.HIs fault again if he didnt state pictures and fragile , do not bend.
3. It is his responsibility to wait and you both refund each other , him first.

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Posted By: Tom Boblitt

AND poorly handled by UPS. He should reimburse you immediately. UPS may inspect the package or just pay the claim since it isn't that big. Realistically, they shouldn't pay the $230 since some cards were okay. SO who knows. Regardless, you should get the money right away. Then he should argue with UPS about the merits of the claim.

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Posted By: dan mckee

I recently had a Bud Neon sign that I sold destroyed by UPS. I immediately offered to pay the lady back while I went to bat with them. She was very nice and understanding and said no sweat, she will wait. Good thing too, UPS sent her the check not me. So maybe the seller isn't sure if he will get the check or you. I guess he could pay you and trust you would reimburse him but that seems like extra work in the process. Dan.



Tom, what do you know about UPS??

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Posted By: sagard

I'm guessing the seller will only get $100 from UPS no matter what his declared value is. Press him for the refund now so he doesn't try to share his misfortune with you.

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Posted By: Steve

Marty if you used a CC you can also contact them and do a chargeback.

Paypal wants to be informed first, but if they fail you I'd go the CC route.

Good luck and sorry this happened to you. Nothing beats winning an auction and then
find out the seller is a nitwit that ships poorly.

Steve

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Posted By: JB

Agreed......if you used a CC file the charge back. The seller should refund your money in a timely manner, not waiting on UPS.

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Posted By: dan mckee

UPS paid my customer in full. Total was $454

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Posted By: David Goff

Marty
Like Tom, I work at UPS, but at the main sorting facility. Use to be in the operation side, but since then moved on. Anyway, Marty you can submit for a claim yourself. Just go to www.ups.com and on the site there is a link to submit. Just put the tracking# in the correct field and they will contact you and more than likely inspect the package. They may contact the shipper as well. Not 100% sure.

If the package was damaged in the sorting facility, UPS will send the package back to the shipper and also mail them a check for the dollar amount they specified it was worth. UPS will insure up to $100 for free, anything past that amount there is a extra charge. I can't believe the package was delivered if it was crushed. You would think the driver would have noticed???

Also, since you paid via PayPal, you should file a claim with them saying the item was damaged. You're right, he should refund your money and then he get refunded by UPS. Not very good business ethics by him...it will come back to him I am sure.

Good Luck!!

David

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Posted By: Chris Counts

Marty,

I shipped about $2,500 worth of used video equipment and insured it for its value. UPS managed to completely destroy everything I sent. It was clear that the box had been dropped from a great height. I asked for a check for its value, and I was denied. UPS claimed the items were poorly packaged. Actually, they were very well-packaged, and thankfully I saved about $30 worth of receipts to prove that I had paid for good packaging. I went to small claims court over the dispute and won, and few weeks later I received a check for the full amount ...

For whatever that's worth ...