Package received but package torn and iphone missing

[keepitpumpin44]

I am curious if anyone else has run into this type of situation.  I bought an iphone x on ebay and when I received the package from fedex, the back side of the package had a large tear in it and the iphone was gone.  I contacted the seller to let them know what had happened taking pictures of the front and back of the package.  They filed a claim with fedex but apparently that didn't get anywhere and fedex denied the claim.  The seller states they filled their obligation by providing a tracking number and fedex provided "proof of delivery" and technically ultimately me because I confirmed receipt of the package.  I contacted ebay and they told me to open a case to say "box arrived damaged" and assured me I would be completely covered.

Well, the seller refused to refund my money and ebay stepped in..... and sided with the seller....  I promptly contacted their support team and they told me I had not gotten a police report.  I needed to get a police report.  I was a bit frustrated by this especially with a cornavirus issues we are dealing with to waste the police's time dealing with a report I never want them to investigate.   How on earth would they even investigate this?  Anyways I got the police report and sent it to ebay.  I haven't heard the outcome yet. I was just trying to get opinions from neutral points of view.  

I don't think the seller is trying to scam me.  I think the situation is a worker at fedex likely felt the contents of the padded envelope and decided to profit from it.  However, in this situation, I would think that it would be the seller responsibility to purchase insurance on the package so that they are covered if the phone arrives damaged or stolen.  

[msha3839]

"...I think the situation is a worker at fedex likely felt the contents of the padded envelope .."...seller sent iphone in padded envelope?  Even used item should be more secure...new one must be in the box...

[mr_lincoln]

@keepitpumpin44   You bring up an excellent point and situation with this situation.  What the Police report does is allow whoever processes an insurance claim a better chance of winning the claim as well as improves the Buyer's position with eBay.  FedEx KNOWS that some of their people steal  items out of packages as do all the other carriers.  Some carriers steal the entire package.

You can get a Police report then try processing a claim in PayPal but often, if  a claim is completed in eBay there is a good chance PayPal will rule the same BUT the Police report may change that.  You can also process a charge back with your credit card company if you used one as your funding source, but again, the Police report will add credence to your claim.  A charge back however ties the money up for as long as 75 to 90 days.

Was the "package" a box or a padded envelope.

[keepitpumpin44]

Yeah I was a little disappointed to find that was the only protection for it. It think it was loose in the package as well.

[keepitpumpin44]

Again I want to confirm it was a padded envelope. I am holding out hope that the police report helps. It seems a little silly that the police report would tip the scales when I didn't even see them, but ebay said I could call vs go into the station. Perhaps maybe it's just a checkbox that a scammer wont do?

[the*dog*ate*my*tablecloth]

Did you file an item not received or a significantly not as described claim?

[keepitpumpin44]

The ebay chat rep told me to state the item arrived damaged and just explain that the package was damage and the phone wasn't in the package.

The rep said I had protection and that I was covered.  However, the outcome with the information I provided clearly is otherwise.

[prettywoman-2012]

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@keepitpumpin44 wrote:

I am curious if anyone else has run into this type of situation.  I bought an iphone x on ebay and when I received the package from fedex, the back side of the package had a large tear in it and the iphone was gone.  I contacted the seller to let them know what had happened taking pictures of the front and back of the package.  They filed a claim with fedex but apparently that didn't get anywhere and fedex denied the claim.  The seller states they filled their obligation by providing a tracking number and fedex provided "proof of delivery" and technically ultimately me because I confirmed receipt of the package.  I contacted ebay and they told me to open a case to say "box arrived damaged" and assured me I would be completely covered.

Well, the seller refused to refund my money and ebay stepped in..... and sided with the seller....  I promptly contacted their support team and they told me I had not gotten a police report.  I needed to get a police report.  I was a bit frustrated by this especially with a cornavirus issues we are dealing with to waste the police's time dealing with a report I never want them to investigate.   How on earth would they even investigate this?  Anyways I got the police report and sent it to ebay.  I haven't heard the outcome yet. I was just trying to get opinions from neutral points of view.  

I don't think the seller is trying to scam me.  I think the situation is a worker at fedex likely felt the contents of the padded envelope and decided to profit from it.  However, in this situation, I would think that it would be the seller responsibility to purchase insurance on the package so that they are covered if the phone arrives damaged or stolen.  

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So sorry to hear this has happened to you! This is one of the reasons I stick with shipping via the USPS. I have heard - and seen on youtube - too many horror stories with Fedex deliveries, although personally, never had a similar situation to yours. I have been using USPS for sending out packages for over 22 years now and, aside from 1-2 times the package having taken a tour around the country, I am going to use them unless there is absolutely no other way. If Fedex is cheaper, much much cheaper than USPS  for the same weight and size of the package - I would then consider making an exception, as they do have a couple of shipping options that fall into the more economically feasible category, than USPS pricing. But I know it would make me nervous, each time.

That said, I hope the case can be resolved to your full satisfaction. I am also wondering, with the serial numbers of these phones being recorded (hopefully) by the seller, if the investigation by Police could track down who is using that phone, thus catch the perpetrator or to whomever he sold the phone.  You can also open a case with the FBI for domestic fraud. 

Good luck

PW🐿👀

[keepitpumpin44]

Thanks for your reply. I even mentioned the idea to the seller to contact their originally carrier and have the phone blacklisted since it was stolen. I was hoping that that might further suggest that I didn't just act like it was stolen. In the end, it's been a huge waste of time for me. I guess my opinion would be that this would all be a non-issue if the seller had purchase insurance or just taken liability for it.

[keepitpumpin44]

So after quite a bit of hoops to jump through, I finally got my money back.  I made the mistake of opening up a case with paypal before I sent my appeal into ebay.  Paypal upheld the original ruling by ebay even though ebay reversed their decision after I provided the police report.  However, after I provided paypal with the documentation that ebay reversed it's decision, I got my money back

[keepitpumpin44]

I was rather upset that ebay removed my feedback rating of the seller though.  They promised to remove any feedback that I left based on the original decision to the seller even though their decision was reversed.

[paradiso*bella*a*venire]

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@keepitpumpin44 wrote:

So after quite a bit of hoops to jump through, I finally got my money back.  I made the mistake of opening up a case with paypal before I sent my appeal into ebay.  Paypal upheld the original ruling by ebay even though ebay reversed their decision after I provided the police report.  However, after I provided paypal with the documentation that ebay reversed it's decision, I got my money back

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CONGRATS on your win!

I can confirm that there are thieves within the postal system...Ive not had any issues with fed ex or ups...that could be contributed to the kind of people employed here with those carriers, but the usps? Yeah, major thieving going on in these where I am. I would get packages with tears and such in them that was obvious someone done that to see what was in them, but the smarty pants got stopped in their tracks by being met with the item being inside another box or mailer inside the outter box/mailer. It was apparent to me they werent brave enough to steal the whole package.

I apparently buy from sellers who know how to pack  items 😄

A call to the  postal inspector stop those thieves dead in their tracks...I don't receive gone through packages any more. Its how I KNOW it was my local post office employees who was doing it because it was the one I reported.