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UPS Question/Problem

I bought a center speaker from a seller who stated he'd insure it for replacement value of $1,600. I paid $600 because it was used and had a "nick" on one corner. Speaker came in horrible condition, don't know if it's shipping or deceitful seller, but seller claims "as new" when shipped. Speaker trashed due to broken cabinet. Called UPS to make a claim, they say the seller has to file the claim? Now seller says he'll file claim and give me my $600 back, and I presume keep the extra $1,000!!! He's now stating he only insured for $600 and doesn't remember telling me otherwise, though I have the email to prove it. This seems like fraud on sellers part? Don't I now own the speaker since I paid in advance (including shipping and insurance)and received shipment? I bought and received a speaker, now I get tossed aside and the seller makes an easy $1,600? This doesn't seem right. UPS screwed up MY speaker, aren't I the one due compensation with a replacement speaker?
scott99

Showing 4 responses by scott99

scott99 OP
12 posts
 
Thank You to everyone for your input!! I don't feel nearly as bad now after hearing all of your advice and some similar experiences. I don't think the seller is interested in my wishes and assisting me with the insurance to replace the speaker, but I'll keep everyone posted if anything develops. Keep'em coming,
scott99 OP
12 posts
 
Thank You to everyone for your input!! I don't feel nearly as bad now after hearing all of your advice and some similar experiences. I don't think the seller is interested in my wishes and assisting me with the insurance to replace the speaker, but I'll keep everyone posted if anything develops. Keep'em coming,
scott99 OP
12 posts
 
Here's an update on the fraudelant seller. I paid him $35 to ship and insure for $1,600. Seller states he does not recall this, and only insured it for $600. I just spoke to UPS and they inform me that the seller did NOT insure AT ALL! He pocketed the extra money, thinking no one would find out. Seller is still dragging his feet on the refund I've requested and has not replied to my emails in 4 days. I'm tempted to take him to small claims court for the full $1,600, but I would rather just get my original investment back and wash my hands of this scum.
scott99 OP
12 posts
 
I filed a fraud complaint with Ebay and their dispute resolution site, but I'm finding out that they don't really have any teeth (and seller never acknowledged it). Seller was just mailed a check from UPS for his damage claim for $611. So now seller has my $545, speaker returned to him and $611 to boot. Seller has since made offers to sell me the speaker at reduced cost, and claims internal repairs were made (by a buddy). I declined his offer and requested my refund again. Today seller emailed me with demands that a)I remove my fraud claim b)that I sign some letter he will write claiming all is well... and c)he requests I don't bid on his auction anymore. If these conditions are not met, "MY REFUND WILL BE ON HOLD". I've been playing "nicey, nicey" with this guy for about as long as I can stand. I had the understanding that our transaction was binding, and the seller was obligated to deliver the product as stated. In my opinion, seller falsely depicted speaker condition to begin with, then failed to insure as agreed, then defrauded UPS with a false damage claim. If seller advertised "a 3-month-old speaker with nick in one corner, otherwise excellent" isn't he legally bound to deliver said speaker? I've thought about small claims court, but know nothing about it, and have seen comments that it is not as easy as it sounds. (I'd love to nail this guy for every penny purely on principal). For the last month I've just hoped to get my money back, but this guys really asking for it! I'like to hear more suggestions on a course of action? Again, thank you to everyone for your input.
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