Holding item while Seller disputes insurance claim denial

[bam_bom_gjvopyw]

I recently purchased a set of Talisman Board games from a seller ($600.00).  One of the corners of the shipping box was slightly dented, and when I opened the box (which was packed with only paper) 3 boxes were ripped and 2 of the boards were damaged and the boxes they were in looked to be pushed in.  I sent a message and several photos to the seller.  He filed a claim and I was sent a letter to take the item in for inspection.  During this time I had been communicating with the seller about what he needed from me and what kind of agreement we could come up with about the damage.  The seller kept blowing the agreement questions off or ignoring it completely.  I even explained to him that I have a limited time to get refunded or a partial credit.  The seller replied with "Let's hope it doesn't come to that, and I should look around for replacement parts.  This went on for about 5 days.  After one last message where I was more direct about getting something worked out, the seller did not respond.  I gave him a couple of days and when I did not get a response, I opened a case for a refund. (Maybe my second one ever)  This of course got the seller to finally respond.  Which was that he didn't except returns, it wasn't his fault the item was damaged, he doesn't check his email every day and that I should wait to see what the post office says.  I told the seller that I am protected by eBay's return policy, and that we have 4 days to work something out.  He then stated that of course he would give me a refund after the Post office made it's decision. 

As of yesterday the post office denied the claim.  The supervisor stated he did not think the items were damaged in transit and that he left notes on the claim.  I messaged the seller and told him that the supervisor denied the claim.  I told the seller I will hold the item in case he was wanting to appeal the denial.  I also don't have access to the claim, so I am unsure what exactly was filed.  The seller contacted me wanting to look into talking to someone else and that the claim was still showing pending on his end.    

Here are my questions:

1) Can I take the box to another Post Office and see if there is anyone else I can show it to?  I feel like the first Supervisor dismissed the items as they were only board games and were not very important.

2) Does shipping the item back still void the insurance claim now that they have already inspected and denied it?  I don't mind continuing to help the seller, but I believe that I have to send the item back before eBay refunds my money, correct?

[ladyindecadence]

This was very poorly handled by the seller. I sell antique porcelain and ship thousands of pieces a year with perhaps 1 or two damage clams.  I handle those clams like this.

Step one: Ask the buyer to send me pictures of the box showing it was damaged and of the contents showing the packaging material and of the damage to the item.

Step two: Fully refund the buyer

Step three: ask the buyer to hold onto the item and all packaging material in case the carrier wants to inspect it.

Step four: File an insurance claim with the carrier.

The insurance claim has the option to be paid to either party, buyer or seller I just have it paid to me and deal with the insurance hassle on my end. I feel I have more experience dealing with these clams and its just part of doing business. And on a side note I've never lost an insurance claim and always been reimbursed by the carrier.

[kitschy*loot · Accepted solution]

OP your seller needs to be informed that buyers are not required to wait for insurance claims to be approved in order to get a refund. Perhaps they don't know that all a buyer has to do is open a not as described case, win, and be granted a full refund when the seller receives the returned item or items back. The seller will foot the cost of the return shipping.

The seller also may not have known that if they do not give the refund willingly, eBay will usually take the money from the seller and give the buyer a refund and allow them to keep the item or items.

If they didn't know any of those things; they are about to get a hard lesson. 

[the_fancy_fox]

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@bam_bom_gjvopyw wrote:

I really hate that it came to this.  I was even going to respond to his last message explaining how waiting for eBay to handle it would infinitely make things worse.  From what I've read, if you process a refund correctly, you get back most of your fees from eBay and PayPal back, minus some smaller fee PayPal charges.  But at this point I don't see any reason to continue to communicate with the seller.  I am a reasonable person and I was willing to find a cheaper solution to our issue.  He made it clear from the start he did not think he was responsible for anything once he shipped the box.

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To me it looks like the seller is stalling so the window ebay gives for you to return the items is closed. Once that happens, you you paid with PayPal, you will have to pay the cost to return the items yourself.

His lack of knowing how to pack a shipment safely is not your problem. Stop communicating with him and ask ebay to step in as soon as you can. 

[bam_bom_gjvopyw]

I will update this sometime April 5th or later once eBay has stepped in.  This is the date they gave me when I opened the case.

Question:

Will eBay send me an email when that time comes or do I have to look somewhere specifically on eBay for that?

[rock.star]

When the time come you will need to back to the case and ask ebay to step in . It is up to you ebay will not email you .

[bam_bom_gjvopyw]

Late last night I got this message from eBay:

Apr 04

The seller provided RMA

Apr 04

The seller approved your request

I've printed the RMA out, but I am unsure of what this means:

Send the item back

"In order to receive a refund, you need to send this item back to the seller by Apr 11, 2019. If you don't, we might close your return and you may not receive a refund."

Does this mean the item has to get to the seller by April 11th or I have until April 11 to send it back?  

I am definitely going to send it back today and I assume that it means as long as it gets shipped by April 11th, I will be fine.

[nobody*s_perfect]

Yes, you must send it by April 11.

[bam_bom_gjvopyw]

Before I send it should I take more photos of the contents in the box showing the way I packed it? 

I am going to use bubble wrap and peanuts instead of the paper filling.  I am also bagging all loose items unlike the seller did originally.  I just have a feeling that I should cover myself on this one just in case.

[myboardid]

You don't need any proof.  When the seller gets the package back, he has 3 days to send you a refund.  If he refuses it, or doesn't send the refund, you can contact eBay again and they will force the refund. 

[myboardid]

I forgot to mention - keep a copy of the tracking number which is on the label so you can track it on the USPS website to see when it arrives. 

[bam_bom_gjvopyw]

The photos would be proof of how I packaged the item.  This seller makes me nervous and I feel like I should keep records of the condition in which the items left my hands for my protection.  

And I printed out 2 copies this morning, one for the box and one for my records.    

[bearswatching]

EBay will not look at photos. They can be faked, Photoshopped.

[bam_bom_gjvopyw]

So this just keeps getting better.  The RMA that was provided to me was a return label that was worth $5.50 (according to the clerk at the Post Office).  I have contacted eBay and they reopened the case.  I will call them again to day to get an update.  The rep for eBay stated they were sending an email to the seller to supply a correct RMA, which I still have not received.  

[taxes101]

I had a situation where an item was damaged by the PO in delivery. I  HAD packed it perfectly, so, I won the claim, BUT it took me three months to get the money.

In my situation, refunded the lady immediately, which is what the seller should do. 

She had to hold on to the item and take it to the PO along with the exact packaging, etc. That is what they look at to make sure that the item was packaged properly. Mine was. 

I allowed her to just keep the item because I DID get the insurance money, and she wanted to keep the item and repair it herself and I was fine with that. 

You are correct in that if you send the item back the insurance is void. However, that has no bearing on his obligation to refund you immediately. Insist upon it, and yes, get eBay involved and they will refund you.

Your guy might not like it, but, it's his own fault that he did not properly package your items. I doubt very much that he will be successful in his appeal.

In the end, you will end up sending the items back and he will have to figure out how to make the best of it and get whatever parts to "fix" the items, that is not your problem.

Good luck!

[myboardid]

It doesn't matter to the post office how much the postage was on the return label.  they will adjust it when the seller gets the package back and will charge his ebay account accordingly.  You don't need to be concerned but you do need to return the package within 5 days.