who is responsible for my lost package thats cost me £780?

Question

I won an item on e-bay from the usa and due to heavy damage in transit the seller agreed to refund me on return of the item.Problem is he is adament he hasnt received the parcel-so much so he is threatening me with legal action!.Fed-ex assure me it was delivered and signed for by someone at his address although its not his name that was signed.No one wants to give in and ebay & paypal are not interested.uk police say its a civil matter!...........
WHO IS RESPONSIBLE & WHAT CAN I DO TO GET MY MONEY BACK ?

Answer 1

First off, go find out who the idiot who signed for the package was. Then trace him. You absolutely have to do this, because that's the person who was probably in the wrong.



Next time, honestly, don't use Ebay. It reeks.

Answer 2

Firstly, if this was an amount you could write off then I would. Seriously. This is entirely subjective, though. Litigation is both expensive in terms of money and self. It is prolonged (he may well have done this before and knows how ) and will grind you down. Litigation is for either people with nothing or people with a lot. The latter pay someone else to have the headache with their money, whereas the former get the rest of us to pay.

Legally there are a number of errors. 1. Damage in transit. Who is liable? 2.Seller agreed to refund ergo accepts liability. 3. He states `no delivery`. Fed-ex did deliver the item but apparently to the wrong named person - not necessarily a different person, but may be. If they left with the incorrect person (by name) they have not correctly `delivered` the item. Delivery is a legal part of Contract Law. You paid for a service. You have rights. 4. There is a confusion you say over the name of the seller. This is fundamental. It strikes at WHO is the contract with? It strikes at WHO, therefore, should have signed for it in the U.S.? 5. ebay is a facilitator site; it brings two sides of a contract together. From what you say there seems to be no fault there. This may or may not be correct ultimately. 6. How much was the insurance in transit? Was it adequate? This will be a ceiling on what you could receive if you were covered. 7. The UK police seldom get involved even if it is a clear case of fraud. It is outside their jurisdiction. They do get involved in certain illegalities committed abroad but this is, I would judge, a private case.

All of the above is why I gave the advice I did at the start. Caveat emptor is at work: the buyer should know who is the other party to the contract. I`m not sure you were (I may be wrong).

Good luck........I think you`ll need it in this dishonest world.

By the way, hate to burden you further but that`s £175 plus VAT....only joking. However if you go to a solicitor it will not be the case. You will do what many people do: throw a lot of good money after bad. Sorry to be the bearer of ..........

Answer 3

I'd say FEDEX is responsible. Something like happened to me here in the UK. I ordered something from the internet. The transporter had someone else within my building sign the parcel instead of me!! How stupid is this as the "signed for" items exists to prevent this to happen!!! I called the store I bought the stuff from and they redirected me to the transporter. I told the transporter that when they have a "signed for" item for Mr XXX, they legally can't have Mr YYY sign for it, or what is the purpose to have pay for a "signed for" item???? I threatened them to start legal actions against them and they payed for the lost item. All "signed for" items are insurred, but I hope it was well insurred, up to the price of your item..... you won't get more than what the sender has insurred the parcel for!

Answer 4

have you filed a dispute with paypal yet?



have you tried ringing paypal



ebay wont be of any use all you will get will be an automated response they basically dont care at the end of the day



did you pay for the item with a credit card if so give them a ring as you would be protected by that

Answer 5

get the proof of delivery from Fed-ex and then email a copy to the seller and see what he says if you paid by credit card direct or through paypal inform your credit card company you may find they have to refund it but be quick there is a time limit

Answer 6

If this guy signed for it then go to the post office and find out from them what further action can be taken. If they are still not helping then get an attorney.

Answer 7

If its been signed for at his address then that is proof, he would lose legal action against you as it was delivered.

Answer 8

No one, he probably got a friend to sign for the parcel and kept it so he doesn't have to refund you.



There's nothing you can do about that.

Answer 9

ebay and paypal should be interested go open a dispute