johnnydrama Posted November 1, 2017 Author Share Posted November 1, 2017 9 minutes ago, MetropolisLakeOutfitters said: This was done incorrectly. Typically the way it goes: 1. you file a claim 2. UPS comes back a short time later and requires documentation such as purchase price and pictures 3. they will try to negotiate with you to get it repaired for a cheaper cost or at least compensate you for a fraction of the purchase price 4. if you refuse and say it's a total loss, they arrange for a UPS driver to pick it up for inspection 5. they will try to blame it on poor packaging if possible, but otherwise, they will keep it for salvage, sometimes returning it first then coming back to pick it up if they can't work a deal 6. if they agree, once they have the item and you've proven your case, they'll mail a check The fact that the UPS store gave out a check for the full amount without getting the item for salvage or inspection sounds pretty fishy to me. However, the shipper paid the UPS Store to package and ship the product. And the damage was caused by poor packaging. Quote Link to comment Share on other sites More sharing options...
babadono Posted November 1, 2017 Share Posted November 1, 2017 I'm not a lawyer. But who is the damaged party here? Seems to me like its @johnnydrama Why did the seller get the check from the UPS? Quote Link to comment Share on other sites More sharing options...
CECAA850 Posted November 1, 2017 Share Posted November 1, 2017 27 minutes ago, babadono said: I'm not a lawyer. But who is the damaged party here? Seems to me like its @johnnydrama Why did the seller get the check from the UPS? They refunded the person who paid them to ship it. 1 Quote Link to comment Share on other sites More sharing options...
Schu Posted November 1, 2017 Share Posted November 1, 2017 Herein lies the scam.... an unscrupulous seller could purposely ship a damaged item, collect the fees from the sale and any claim reimbursement or the difference between the secondary market sale and the original purchase price... which would obviously be higher. This is what I feel the seller did in my la Scala II sale... sold the item at a low price, shipped a damage good in original factory packaging and expected to file a claim for an inflated value closer to full retail in an effort to recoup some lost value. What a buyer is left with is a cheap pair of damaged goods at a price they could live with. 1 Quote Link to comment Share on other sites More sharing options...
CECAA850 Posted November 1, 2017 Share Posted November 1, 2017 2 minutes ago, Schu said: Herein lies the scam.... an unscrupulous seller could purposely ship a damaged item, collect the fees from the sale and any claim reimbursement. But the UPS store that packed it saw it prior to packaging. Quote Link to comment Share on other sites More sharing options...
TasDom Posted November 1, 2017 Share Posted November 1, 2017 1 minute ago, CECAA850 said: But the UPS store that packed it saw it prior to packaging. The UPS packers are in on the scam, yeah that's it. Quote Link to comment Share on other sites More sharing options...
willland Posted November 1, 2017 Share Posted November 1, 2017 2 hours ago, babadono said: Why did the seller get the check from the UPS? Because the shipper files the claim and is responsible for the burden of proof, not the recipient. I shipped with Fed Ex a pair of RB-5's to jtubbs and they arrived with destroyed woofers. Jeff sent me photos, I attached them to the claim form and emailed Fed Ex claims department. A week later they emailed me with news that I would be receiving a check for the amount they were insured for and I forwarded that email to Jeff. I ordered a pair of 8" woofers from Klipsch parts dept and Jeff insisted we split the remaining amount between the two of us. If I am not mistaken, that was about $75.00 each for our troubles. Needless to say, we were two happy Klipsch fans. Bill Quote Link to comment Share on other sites More sharing options...
babadono Posted November 1, 2017 Share Posted November 1, 2017 3 hours ago, CECAA850 said: They refunded the person who paid them to ship it. Trusting that this person would forward the money to the damaged party? Whatever. I would be one unhappy camper. I guess that is why I buy MOST of my stuff new. Quote Link to comment Share on other sites More sharing options...
CECAA850 Posted November 2, 2017 Share Posted November 2, 2017 12 minutes ago, babadono said: Trusting that this person would forward the money to the damaged party? Whatever. I would be one unhappy camper. I guess that is why I buy MOST of my stuff new. Trust had nothing to do with it. The shipper has no idea of the details of the transaction. Quote Link to comment Share on other sites More sharing options...
Peter P. Posted November 2, 2017 Share Posted November 2, 2017 5 hours ago, billybob said: May have missed it but, if an e-bay purchase, there is a mediation process there between the buyer, seller. At least that is what have been led to believe. billybob is right, and the OP should have followed the mediation process. eBay virtually always sides with the buyers so the OP would have likely received a full refund. You basically negotiate with the seller via eBay's communication system so they can assess whether both sides are working toward an amicable solution. If the communication clearly shows the seller is not cooperating, eBay has an arbitration process which is the final say. It worked that way for me. If this was a transaction conducted outside of eBay, then it's standard practice for the SELLER to file a claim with the shipper. The purchaser usually cannot file a claim because they did not purchase the shipping services of UPS, the seller did. I think the OP asking for the entire purchase price for a settlement is unreasonable. Splitting the cost would be fair otherwise as the seller I'd ask for the item back and give you a full refund. Quote Link to comment Share on other sites More sharing options...
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