How long to wait to file a claim?

Gypsy

Gypsy

The Centenary Diamond
#1
#1
Hello ladies and gents! I've been chatting extensively with a dear friend on the boards about this earlier today. I'm thinking she's right that something about what I'm going to tell you all sounds suspicious.

I bought a ring on Ebay on November 19th. The seller shipped quickly, no issue so far. Fast forward to today. Still no ring!! To be fair, the seller and I have been in constant contact, she sent me tracking info and everything. Good so far. Now, her thing is she said she was told by the post office that she needs to wait 30 days from shipping date to file a claim. Okay, fine. I decided today that she could get screwed and I could be out a refund. So it's not quite 30 days for me so I opened a dispute on Paypal.

She got very upset and doesn't think she needs to refund me first. Umm, why not?? I'm sure even if she already spent that money it's not my problem. I told her either way, she'd still have to refund me. If the ring shows up, I resend her the money and she can close her claim.

Now, if I don't escalate within 10 days from today, I think I can't open another dispute. She feels I'm wrong to have done this and I should wait for her to file her and claim then she will refund my money! Is this fair?? I'm not sure I'm buying this bridge. Thoughts??

DH said it's not good to do it this way. He said because if you wait and she gets screwed by the post office I may not get my money back.
 
imdreaming

imdreaming

Connoisseur
#2
#2
Oh MissyD, I'm sorry to hear this!

I'm on the seller end of this right now. I would move forward with your dispute if she is balking at a refund. I refunded my buyer's money and I am working the claim with the USPS. My local Postmaster told me that it may take 90 days for my refund.
 
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Gypsy

Gypsy

The Centenary Diamond
#3
#3
Thanks so much, Jenny!! I'm sorry for what you're going through too! This is horrible.


So you also agree she should do the right thing and refund me first? She's not saying she won't give me a refund, she just wants to wait until she files her claim which is on the 22nd.

I think it's suspicious and I think you and DH are right that I should move forward with the dispute.

Is there any reason to wait until she files her claim with USPS? Or is that just BS?
 
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L

LuvMyRing

Mentor
#4
#4
May not be relevant at this point, but just wondering. What does the tracking# show when you look it up online? Was it delivered, signed for etc?
 
kimicarol

kimicarol

The Centenary Diamond
#6
#6
She should refund you your money now! She HAS your money and you have nothing. She is only out the ring right now, no cash - you are the one who is out the cash. She should get her money once the PO pays on the insurance, but in the meantime you are out the money and have nothing to show for it.

I totally agree with Jenny.
 
A

apiercecad

Smitten
#7
#7
If you paid with paypal, this is very relevant:
http://forums.ebay.com/db2/topic/Seller-Central/What-Is-My/520106686


It seems that the seller is responsible for you getting the package. The fact that it says 'in transit' is proof you never received the package. I say file away and get your money back asap. The seller should purchase insurance (This is a requirement when using paypal if the seller wants to file a claim).She needs to refund your money now and file a 1509 Package recall with the post office.
 
Alexgem7777

Alexgem7777

Connoisseur
#8
#8
I had a postal claim take well over 6 months to get paid. It was beyond ridiculous. Bottom line is the SELLER has to provide documentation of the value of the item. The burden is on the seller so they need to refund you and work on the claim. I was not able to even file a claim for 45 days. Then it was one hurdle after another.

I feel bad for the seller just as you do. But the seller will get the money back in the end if they are diligent. Also- just an FYI. I needed proof of the value of the lost jewelry. If I had not had sales receipts my claim would have been denied even though I bought insurance. If your seller does not have appraisals or receipts it may be a long road to get the insurance money. You do not want to wait that long.
 
N

nikkikeith

The Black Orlov
#9
#9
exactly if you wait your timeframe for filing a dispute will elapse while she is dealing with the post office.. bc its 30 days until they will even look into it, then theyll do an investigation etc and it can take months before she gets a check...not to mention in the fine print they usually mention that they don't cover jewelry, or you have a thousand hoops to jump through so most likely shes not going to get her money back...

in the meantime she is supposed to issue you a refund...it sucks for her bc she didnt do anything wrong and of course she wouldnt want to refund you right now just in case the ring comes and u keep her money and the ring...i think thats why she wants to wait the 30 days...

one of those situations that really sucks but u have to look out for yourself uno...
 
Gypsy

Gypsy

The Centenary Diamond
#10
#10
Thanks for your help, everyone!! I totally agree!! The only thing that held me back is I did agree to let her file her claim with the PO first. BUT, as I thought about it more, I thought what is the difference if she refunded me now or not?? She still has to deal with the PO either way and the right thing to do is refund me first. When I brought it to her attention, she got upset and made me feel like I was in the wrong! That because I agreed, now she says all her work is for nothing since I entered a dispute. I told her no your work is necessary because you will need it to file your claim with the PO. She felt that I shouldn't file a claim because she stayed in contact with me every step of the way. Which she very much did. I told her we both have to file claims to protect ourselves but she isn't seeing it that way. She also went on to point out that even if I proceed with my claim she still isn't sending me a refund until she files her claim!
Doesn't Paypal take the money from her once I enter the claim?
 
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Gypsy

Gypsy

The Centenary Diamond
#11
#11
nikkikeith said:
exactly if you wait your timeframe for filing a dispute will elapse while she is dealing with the post office.. bc its 30 days until they will even look into it, then theyll do an investigation etc and it can take months before she gets a check...not to mention in the fine print they usually mention that they don't cover jewelry, or you have a thousand hoops to jump through so most likely shes not going to get her money back...

in the meantime she is supposed to issue you a refund...it sucks for her bc she didnt do anything wrong and of course she wouldnt want to refund you right now just in case the ring comes and u keep her money and the ring...i think thats why she wants to wait the 30 days...

one of those situations that really sucks but u have to look out for yourself uno...
Click to expand...
You're right, NK! She said exactly that. She was thinking the ring could still show up. I said true but then I would pay her again if that's the case.
 
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Gypsy

Gypsy

The Centenary Diamond
#14
#14
I just wrote the seller this question. I said to her, "I want to ask you a very important question. Let's say we wait until the 22nd for you to file your claim. You don't get your money back until 3 to 6 months. What happens then?

We'll see what her reply is.
 
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Gypsy

Gypsy

The Centenary Diamond
#15
#15
I have an update!! I got tired of the back and forth nonsense. She said even if she doesn't get her money I'll get mine but she wants to wail until her sister files the claim for her on the 22nd.

Well, I just got off the phone with Paypal. They said they understand we're both looking out for ourselves BUT as the customer I've been more than patient and it's been well over 10 business days that package is truly lost. She explained to me that it could take up to 60 days to file her claim and I won't be able to escalate the dispute to a claim. The lady at Paypal escalated it for me and issued an immediate refund!! I just moved the money into my bank account IMMEDIATELY!! Now, how cool is that!! She said everything in the dispute is clearly invalid because the tracking number shows the package is in transit somewhere which means it's truly lost and I never received it. Thanks so much to all of you!! She said if the seller contacts me to tell her to contact Paypal as they did this for me.
 
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Gypsy

Gypsy

The Centenary Diamond
#17
#17
I sure did, thanks!! Immediately!!

I told the lady at Paypal the seller said the PO told her not to issue any refunds until 30 days. The package could still show up. The lady at Paypal said yes that's true BUT she also agreed with me that they only told her that to protect herself. Like if the item does show up and I decide not to pay. Which I wouldn't do. But that's just a what if. She said the seller most likely misunderstood the PO. The seller thought if she refunded me now then she can't file a claim, which isn't true.
 
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