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Lets just say...

what would you do?

  • Contact their local authorites

    Votes: 7 25.0%
  • Sue them

    Votes: 17 60.7%
  • Keep trying to contact them

    Votes: 2 7.1%
  • Do nothing

    Votes: 2 7.1%

  • Total voters
    28
  • Poll closed .

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abaum565

15+ Year Contributor
266
3
Aug 9, 2006
Wausau, Wisconsin
...you bought a large part from someone and payed a lot of money for it, i.e. over $500. They shipped the part but it "fell" while loading and is broke. Now the seller claims you will not receive the part and will not get all your money back (less than half if at all). And this is over the coarse of 2 months.

guidelines are as follows:
can't paypal dispute as it's more than 15 days.
seller will not refund money
seller will not answer questions
seller takes more than 2 weeks to respond or may not even respond

What would you do?

Begin...poll at top^

----------------of course this is all just theory----------------------
 
If you payed by credit you can do a chargeback. Either way, since you can do a chargeback within a long period, try to get a hold of the seller. If it was insured and the carrier screwed up, he should be getting the insurance money back anyway so he should be able to refund.
 
so they broke it during packaging and refuse to ship and refuse a refund? I call that stealing.

either call the cops or go to a local lawyer and ask him to write a nice letter to the seller
 
let's just say it was payed using paypal. And also lets say the seller neglected to put insurance on or it they did it was only getting you $100 back?

Also lets say it fell while the shipping company was handling it.

Sorry should've put that in there.

so they broke it during packaging and refuse to ship and refuse a refund? I call that stealing.

either call the cops or go to a local lawyer and ask him to write a nice letter to the seller

oooo...good idea
 
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paypal gives you 45 days to file a dispute, but it sounds like it's been longer.


They owe you the full amount. It's their fault for not insuring the full price.


i had a crank damaged while shipping to me. Immediately returned it and got a full refund. The rest is between the seller and the shipper.
 
Just a heads up paypal through credit can still be used for chargeback. Either way, I'd say shared blame on the insurance depending on if anything had been pre-determined on how it would be "protected" in terms of monetary value although this may change depending on if this is a personal transaction or one done with a store/company (who usually already have insurance coverage pre-determined). In fairness it should be split down the middle with the 100$ from insurance going your way since technically it's the shipper's fault by the way your describing the situation (if no coverage amount was agreed upon and this was a personal transaction). That's why insurance is VERY important. Saving 10$ for extra coverage can cost you a lot more if things go wrong.
 
Just a heads up paypal through credit can still be used for chargeback. Either way, I'd say shared blame on the insurance depending on if anything had been pre-determined on how it would be "protected" in terms of monetary value although this may change depending on if this is a personal transaction or one done with a store/company (who usually already have insurance coverage pre-determined). In fairness it should be split down the middle with the 100$ from insurance going your way since technically it's the shipper's fault by the way your describing the situation (if no coverage amount was agreed upon and this was a personal transaction). That's why insurance is VERY important. Saving 10$ for extra coverage can cost you a lot more if things go wrong.

Ok, it was a large item that was shipped on a pallet. The shipping was $250.xx. Aparently the so called "insurance" only covers $.50 on the value (which was declared at $200 according to the seller.

so you would get $100 plus the shipping back. Either way you don't have the part your bought and you don't have all your money back.

I would say it's on the seller for not putting proper insurance on it, and for not declaring the value of it to be what it was bought for.

Keep in mind this is all the info you got from the seller at the time they were acctually responding to your messages.

Also, you were respectful and adult-like while messaging them and tried to figure everything out the right way. You asked questions on what was going on, you gave them ample time to respond. But they are now not even responding...and the kicker is they are on the forums posting all while ignoring your questions....lets just say.
 
If I were you I would take a flight down to Houston TX and get my money back! Granted that would cost u more but still a good investment.
 
In that case then yeah I'll agree. If it wasn't declared for the right amount (given that you didn't ask him to do that) which makes the coverage drop quite considerably, he'd have to pay you back for it.

Bear in mind, a seller (talking about personal transactions) puts the insurance you paid him to put. Granted I always insure my things myself, but that's not all sellers. Being in Canada I could ask to have stuff shipped first class from the US (which is cheap but if it's lost, it's lost since there is no tracking) or priority (which costs more but is covered insurance wise and tracked) putting the blame on me for being cheap if it's lost/damaged if I get a stroke of bad luck using first class; just as an example.
 
I had a shipping company crack a short block before and they would not insure it because they said there was not enough packaging. It was ready to kill someone. Do you have anything in writing stating a contract between a buyer/seller, and anything in writing regarding shipping insurance?
 
This is America, you can sue anyone, for almost anything and you will more than likely win.

Sue their asses off.
 
I would contact a lawyer and take in any and all emails, receipts, conversations between you and the seller.
 
These options are all good.

Lets say they finally got back to you and thinks they are the one getting royally screwed because if they refunded the money all he would have is $100 and a "broken" tranny. Now it's not even confirmed that the tranny is trash, but it does have a cracked bell housing.

I still have a hard time wrapping my head around how they think it's okay that you would only get half your money back and no tranny.

It was confirmed in a message that they would ship it insured.

Either way I don't see how this is my problem with the insurance deal. They should have put proper insurance on it, declared the right amount, and packaged it properly.

I think they will be getting a letter for sure.
 
How much would a lawyer cost? Isn't that going to be more then you'll get back?
 
I say start off buy contacting their local attorites. Then by the information they give you, go from there. If it comes down to it, sue them. While doing such I would say TRY to keep contacting them.

It was hard to just pick ONE from the poll.. Reason being; you should do most of them.

Hope this helps/gives you some ideas.
 
Called fedex, they said there was nothing written on the "declared value" section of the shipment so they cannot cover anything more than $.50 on the pound.

Who ships a $500 part and doesn't put a declared value in the box incase something happens?

So this is totally the sellers fault, or am I wrong?
 
yes. I would try the lawyer. I dont see how it's a crime that the police would really look into. I had something stolen off my car on someone's property and the popo just said that IF a detective wants to start investigating then the case will be opened. I told a police friend of mine what happened, the next day I get a call from them giving my stuff back.
 
If he said he was going to insure it, then it's definitely on him. And he's saying HE'S getting screwed? Your out 1/2 your money and don't have ANYTHING! at least he still has the product and 100bucks LOL
 
Next time don't try to save money by bying used for cheaper and contact an actual transmission rebuilder who will get you what you paid for. Where was that option?

Also 50 cents on the pound for a transmission would be like 49.00.
 
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Next time don't try to save money by bying used for cheaper and contact an actual transmission rebuilder who will get you what you paid for. Where was that option?

Also 50 cents on the pound for a transmission would be like 49.00.

.50 on the dollar...not pound
 
let me humor you guys :)

They made the claim that is my fault for not telling them exactly how much insurance to put on it. Doesn't "ship it insured" kinda cover that topic :)

They also said its not their fault fedex dropped it (I had already told him that I'm fine with that, shit happens). The part that perplexes me is that him not putting proper insurance on it and me getting less than half my money back.

This guy is good.........not
 
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