I did not receive an item.

[rtaghaboni2012]

This is the 3rd item I purchased from this seller.  The other two were $1,300 & $2,800.00.  Both arrived and they were delivered with signature requests.  I personally signed for both and was quite pleased with the seller.  So I made a 3rd purchase.  This item was $600 (came to nearly $650 w/tax) but seller valued it at about $1,900.00.  I never received the item.  The seller used USPS and they left the package on the porch.  Upon contacting the seller, they told me they did not ask for a signature.  Isn't it EBAY policy that anything worth $750 must have a delivery signature?  EBAY's review of the case states that I do not get a refund.  Meanwhile I'm out $650 with no item.  This is not fair.  What is my recourse?

[kensgiftshop]

@rtaghaboni2012 

File mail theft and a police report and file a claim with your homeowners/renters insurance.

[albertabrightalberta · Accepted solution]

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@rtaghaboni2012 wrote:

 This item was $600 (came to nearly $650 w/tax) but seller valued it at about $1,900.00.  I never received the item.  The seller used USPS and they left the package on the porch.  Upon contacting the seller, they told me they did not ask for a signature.  Isn't it EBAY policy that anything worth $750 must have a delivery signature?  EBAY's review of the case states that I do not get a refund.  Meanwhile I'm out $650 with no item.  This is not fair.  What is my recourse?

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If tracking showed delivery, you are SOL. 

Signature confirmation is required for items for which the buyer paid $750 or more, including shipping. Since your purchase was only $650, s.c. wasn't required and the seller didn't need to purchase it. 

Evidently, there's tracking showing delivery so you lost the case. And unfortunately for you, there's no recourse. 

[rtaghaboni2012]

It's pretty lame that a seller who has a very good reputation would not send this item requesting a signature.  After I had spent $5,000 with this seller.  If the item was truly worth $1,900.00 - would the seller not want to make sure it arrived properly.  Makes me wonder if the item was actually worth that amount of money.  They could have emailed me and asked me if I wanted to pay for the extra insurance - I would have done it and then added it to my cost.

[santamonicajeweler]

You can still fight this and get your money back. It's hard but doable

Call your CC company, tell them you never received the item, eBay policy doesn't protect you and if Seller appraises the item worth $1900, that should have been your item's insurance coverage. Let the agent know, if item is worthless enough to be left on the porch, why would Seller's appraisal say, item is worth $1900 !?

Your only chance of getting your money back is to prove negligence. You may fall in CC company's protection. Talk to your Postperson and see he/she remembers delivering the package. You have the delivery date, it wouldn't hurt.  You may need a Police Report or a notarized signed affidavit for a lost or stolen package. 

It's a rough road but you could get your money back, just because of Seller's overreach of a $1900 appraisal. Things wouldn't end with CC company. You have a better shot at this in court. That would be your next step

You could file a lawsuit for the full amount in your local Small Claims Court. The inflamed appraisal will go very well with the judge. You can file a case in your County and if Seller changes Venue to their County, message the Seller in writing using certified mail adding traveling expenses to amount of your lawsuit  

But I think, Seller will be settling before the court date, if they're smart. Because Seller made a crucial mistake by issuing an inflated appraisal on his sold item in one transaction 

[itscalledapostingid]

Did you contact your local Postmaster to make sure the package was in fact delivered to your address? That's always the first thing to do in a situation like this.

The USPS has GPS on their scanning devices and they can see where their driver delivered the package. If it was mis-delivered they can assist in finding the package.

[rtaghaboni2012]

Thank you so much for your insights and advice! I did contact my credit card company and they have temporary issued me a credit for the price I paid until they investigate.  I will stay on them and hopefully they will rule in my favor unlike EBAY.   

I will file a police report as you suggested.  I went to my postoffice.  Unfortunately, they were able to show me proof that the package was delivered to our address via their GPS tracking device printout.   Obviously someone stole the package.  I reached out again to the seller and they admitted it was an oversight on their part to not ask for delivery signature (no kidding!).

Your advice gave me hope that I can fight this.  Thank you again.  $645 is not a small amount and I will absolutely follow your suggestions and pursue small claims court if I need to.  

[antikae]

If tracking shows delivery, the package was likely stolen.

Once it shows delivered there is nothing ebay or the seller can do for you.

It is your responsibility to have a secure place for delivery.

The stolen package is on you not the seller.

Sorry

[rtaghaboni2012]

I physically went to my post office and they did give me a printout that shows that their GPS scanning device indicates the driver delivered the package to the correct address (mine) and it was left at the front door.  Obviously the package was stolen.  Unfortunately,  the post office supervisor also confirmed that day it wasn't our regular mail carrier working the route but a substitute.   My regular mail carrier never leaves packages without ringing the door bell and handing them to us.  

I will file a police report tomorrow and then contact my homeowners insurance to see if they cover theft.  As the post before you suggested - I may have to seek small claims court.  I will do all that I need to - it is very disappointing that EBAY 's customer service stinks.  If this was a $50 purchase, I'd let it go . . . but $645 is not a small amount by any means.

[rtaghaboni2012]

I live in a gated community.  Furthermore, the box was small enough to be placed in my regular mail box which is locked.  Our mail boxes also have additional locked boxes underneath that the postal carrier can leave packages in when they are too big to leave in our boxes (they leave the key for these bigger boxes in our regular mail boxes).  I don't know why the postal carrier didn't just leave it in our very secure mail box.  There was no excuse for the seller to not request a deliver signature - I have an email from them admitting it was an oversight on their part.   Sadly that day my regular postal carrier was not working - he never leaves items on our doorstep without ringing the door bell and handing them to us.  There were 8 people home all day and someone would have answered the door to get the package.  

[Anonymous]

Scary to think that it's probably an inside job, i.e. neighbors. The gate (ironically) actually has you trapped inside with the criminals. Time for a camera and a guard dog!

[ainpie-10]

Regardless if the seller said it was an oversight on his part, it’s not a law that he has to have signature confirmation. Also when a seller insured an item on our labels we can only insure it for the amount paid. If you do a chargeback on your credit card and they accept it, the seller can also go after you since now there is proof it was delivered to your address. I know as a seller I would fight that kind of amount! 

[santamonicajeweler]

@rtaghaboni2012 

My pleasure.

Know this, I lost a case with eBay. I followed up  with CC company and won. Keep pressing the point that if an item is worth $1900 and it was sold for $645, why wasn't it insured properly?

There might even be a simple explanation. Last year, I had a USPS package with tracking number showing delivered and signed " front Desk", after I reached the Postmaster General's office, magically, package was found on its way back to sender 

[rtaghaboni2012]

I'm sorry but who sends something worth $1,900 without insuring it and requesting delivery signature?  We aren't talking about a piece of clothing - this is a piece of jewelry and according to the seller it is of some value.  This is my 4th purchase from this seller - so I would say I was a good customer.  Even when I mail items using USPS for much lesser cost than $645, I insure the packages and request delivery signatures.  Its funny that as a seller you would fight for the $645 but its okay for me to be out $645 as a buyer and not have the item I purchased.  I cannot control how the seller sent the item - even the post office stated that the seller should have sent it with delivery signature requested.

[rtaghaboni2012]

Really appreciate all your input.  I will do as you say with the credit card company.   Hopefully I will get a positive outcome there and don't have to do the small claims court.  Thank you again.