THEFT OF PACKAGE

[hot5540]

I was wondering if there is anythingi can do to get my items from someone who wasnt supposed to get my package,opened it realized it wasnt thiers and kept item im the person who supposed to get item seller sent to wrong address i dont want the seller to get in trouble because he tried to get item back but was blocked by person who recieved package any ideas on how to proceed?

[dqdistribution]

All you can do is file INR, and get a statement from carrier that the tracking wasn't delivered to your address.

Seller Doesn't really get in trouble, but honestly if he already knows he did wrong and tried to fix, seller should probably refund pretty easy.

If the seller sent to correct address and it shows Delivered, you won't be refunded.

[ms.rodriguez*]

The seller is supposed to send to the address in the payment. They can NOT alter the address or they void their seller protection. If you paid and did not correct the address , then YOU voided your buyer protection.

Have you gone to that location and ask the person to please give you the item? I would bring a friend or two just in case. Otherwise, there is nothing that can be done except for you to correct your address on Ebay. If you moved from that location, why didn't you put a change of address at the post office? It's free.

If this is a situation where the wrong person is your EX, then perhaps call the chap and ask for the item or you will come with a police officer and maybe they can convince that person to hand over the  item.     Maybe this "threat" is enough for the person to give you the item.   Forget about everything if this person is bad.  Not worth it.

[dbfolks166mt]

     How exactly did the seller manage to send the item to the wrong address and how do you now the address where it went? If the seller is in error open an INR showing that the item was not delivered to the shipping address that is associated with your ID on eBay. 

     If the seller sent to the correct address or it was delivered to the wrong address and you know where it is you can open a case with the carrier. Opening someone else's mail is still illegal. 

[krazzykats]

Isn't this theft of mail?  Depending on the value, I might file a police report.   Isn't it conversion?

Intentional tort

Conversion is an intentional tort which occurs when a party takes the chattel property of another with the intent to deprive them of it. Conversion is not applicable to real property.

[natoman777]

So if the seller shipped it to the address you provided, they are not liable in any way.  It is up to buyers to provide the correct address before purchasing.  If you provided an address and they shipped it to a wrong address then you can open up an item not received case.  It is not theft if it was sent to their address.  Hope you can get things worked out

[krazzykats]

Conversion legal definition of conversion (thefreedictionary.com)

Theft is keeping someone else's property and depriving them of it.  I still get mail addressed to prior occupants from time to time that I send back.

I was brought up to return things that don't belong to me.   

So, I guess whatever you can live with.  😶

[josephb555]

If someone is keeping your package then they are stealing. You should contact both the police and the post office and they will get your package back.

[ittybitnot]

 im the person who supposed to get item seller sent to wrong address 

@hot5540 

It is not clear from your post if the seller sent it to an OLD address of YOURS that you had on file

OR

The seller sent something to an address in your Zipcode to provide confirmation of delivery in case you filed and INR claim (you would lose)

OR 

The carrier dropped off the parcel someplace else by mistake

Which is it?   You need to find out so you can proceed correctly. 

[marculamba]

The only thing I suggest you do, is put everything in the back in the package and do a return to sender. Send it back to where it came from, you might want to include a note, but make sure every thing is returned back, you have proof you returned it and the shipper received it and let them sort out their problem with shipping to the right person.

[marculamba]

No and No. The seller will only send it to the CONFIRMED ADDRESS from where PayPal or Ebay tells them to ship the item out. That is the only way the seller has protection. This is the #1 scam buyers will initiate on sellers, buy getting the item and having them ship to an unconfirmed address! Once the seller ships the item, the buyer files a dispute, and then the proof is put on the seller to prove they shipped it to the confirmed address that PayPal and/or Ebay has told them to ship it to. If not, the seller is out the money and product.

If any buyer has an unconfirmed address, do not buy anything, until you have a confirmed address. Many sellers are onto these types of scams and will not ship a product to an unconfirmed address because they know by the end of the day,. they are the ones that are going to be out the product and the money.

[downunder-61]

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@dqdistribution wrote:

All you can do is file INR, and get a statement from carrier that the tracking wasn't delivered to your address.

Seller Doesn't really get in trouble, but honestly if he already knows he did wrong and tried to fix, seller should probably refund pretty easy.

If the seller sent to correct address and it shows Delivered, you won't be refunded.

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That is the important part - if the seller has followed eBay protocol then they have sent it to the address you provided - if seller can prove delivery to address on the order , sadly that is on you too keep those details updated

Sorry robbie: reply is obviously aimed at OP, not you

[huntfishdie45]

First, we need to know how the mix up occurred in order for us to give you advice on how to proceed. The circumstances that caused the package to be sent to the wrong address will determine the course of action you need to pursue. More specifics Please.

[ittybitnot]

The only thing I suggest you do, is put everything in the back in the package and do a return to sender.

@marculamba 

The original poster did not receive a package at all.  It was delivered someplace else and tracking says "delivered".  We need to know if it was sent to an old address the OP had on file, if the carrier misdelivered it by mistake, or the buyer is a victim of a fake tracking scam. 

[a_c_green]

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@marculamba wrote:

If any buyer has an unconfirmed address, do not buy anything, until you have a confirmed address. Many sellers are onto these types of scams and will not ship a product to an unconfirmed address because they know by the end of the day,. they are the ones that are going to be out the product and the money.

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There is no longer any concept of a "confirmed" address here. The seller's only obligation is to ship to the address received with the payment. (It does not have to be the buyer's eBay address; he is free to have his purchase shipped anywhere else, as long as he supplies that address at payment time.)

What we're trying to clarify with the Original Poster here is whether the seller shipped to the address provided by the buyer with his payment, or whether it went someplace else by mistake.