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
I SHIP ABOUT $3 MILLION A YEAR IN MERCHANDISE AND FIND THEY ARE ALL ABOUT THE SAME. THEY EACH HAVE 2%-3% A YEAR IN DAMAGE CLAIMS, MERCHANDISE THEFTS IN TRANSIT, WRONG DELIVERY ADDRESSES AND SO ON. CHRISTMAS SEASON IS THE WORST AND ACCOUNTS FOR 75% OF THESE CLAIMS.INSURANCE IS ONLY GOOD IF "THEIR PACKING GUIDELINES ARE FOLLOWED". READ UP ON THESE ...REALLY INTERESTING. ANY MERCHANDISE DAMAGED HAS TO BE INSPECTED AT THE RECIPIENTS DELIVERY POINT INCLUDING THE PACKING MATERIALS AND VERIFICATION OF THE SHIPPING TAGS. ONCE VERIFIED THE MERCHANDISE SHOULD BE PICKED UP BY UPS AND RETURNED TO THE SENDER WITH YOU GIVEN A PICK-UP TAG ID. NOW THE INTERESTING PART, ONCE THIS TAKES PLACE YOU ARE IN A POSITION TO PUT THE SELLER IN JAIL IF HE DOES NOT REFUND YOUR MONEY.FORGET ABOUT CLAIMS COURT, COST TIME AND MONEY AND TAKES FOREVER. NO ONE WANTS TO DO FED TIME FOR $600. THE SAME LAWS THAT PROTECT MAIL FROM FRAUD APPLIES HERE. LEGISLATION WAS PASSED 5 YEARS AGO TO MAKE IT FELONY FRAUD TO USE "OTHER CARRIERS" TO CONDUCT BUSINESS USING SHIPPING COMPANIES OTHER THAN USPS WHICH HAS ITS OWN FRAUD INSPECTORS.TELL HIM YOUR MONEY OR JAIL, WHAT WILL IT BE? I agree with Carl...who is the seller, we helped you out, now help us out.
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.
This guy is an internet crook.Don't have a stroke over it,its not worth it.Give him the feedback on e-Bay he deserves and keep after e-Bay to keep after him.Be prepared to swallow your loss.Do what you can to make his life hell but don't get sick over this.Check feedback closely and e-mail others that have bought from someone that has something you want.Be glad it wasnt more money.
SCOTT CONTACT YOUR LOCAL FBI OFFICE AND SPEAK WITH AN AGENT ABOUT YOUR SITUATION. DEPENDING ON WHAT STATE HE IS IN YOU CAN ALSO CONTACT THAT STATE'S ATTORNEY GENERAL'S OFFICE. TRANSACTIONS OVER $500.00 IN MOST STATES IS A FELONY CRIME. EBAY PROTECTS ITS SELLERS AND LEAVES ITS BUYERS OUT TO DRY. THEY HAVE A ONE-SIDED VIEW OF HOW TRANSACTIONS WORK. THEIR BUSINESS THEORY IS ATTRACT SELLERS AND BUYERS WILL FOLLOW. I HAVE BEEN HIGH BIDDER ON AUCTIONS THERE BEFORE AND THE SELLER REFUSED TO SELL BECAUSE THE BID WAS NOT WHAT THEY FELT IT SHOULD BE EVEN THOUGH THEY HAD NO RESERVE. WHAT DID EBAY DO? NOTHING! EBAY SAID HE WOULD PROBABLY RELIST IT AND I COULD BID ON IT AGAIN,...FUNNY HUH? BE CAREFUL WHO YOU DEAL WITH AND TRY TO DO COD IF YOU CAN.