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Bizarre dispute
My son bought a forestry device called a "resistometer". Prior to purchase, he inquired about the item's status from the manufacturer, and provided its serial number. The manufacturer responded that they had no record of that serial number, but that they would accept it for service.
He received the resistometer, and sent it to the manufacturer for calibration. When they received it, the manufacturer told my son that the resistometer had been "stolen". Further investigation revealed that the manufacturer had in fact, over a year ago, sent the drill on approval to one of their customers, and that this customer had then sent it to someone else via FedEx, without insurance. The drill was never picked up by the recipient, and it was then purchased from FedEx at an "abandoned freight" auction.
When my son filed a refund request from eBay, eBay responded that they could not refund payment (over $2500.00) without a copy of a police report. The manufacturer did not file a report of theft, and cannot do so because it was in fact never stolen at all!
As things stand, then, the manufacturer has their resistometer, the seller has my son's money, and my son is out over $3,000 although he has done everything by the book!
Any guidance will be welcome.
shipscript
·2 years agoI would suggest your son file a police report against the manufacturer for not returning an item that the manufacturer abandoned a year ago and that your son acquired through legal means.
If the story line plays out as stated, the manufacturer should have made a claim against the customer who took the drill on approval and lost it, or should have made an insurance claim with their own insurer for the loss.
FedEx took ownership upon abandonment and sold the item to the eBay seller, who sold to your son, so there is a chain of ownership back to FedEx. FedEx should be able to make a legal claim that it owns abandoned property after some stated period of time.
This is just my off-the-cuff opinion of how I would approach this. You will have to pursue the legalities on your own.