Need some help on a transaction gone bad

Noles_88

hello community. I have a question. See if I am wrong in my position. I sold something to a forum member here. He received the package and everything went ok. I received payment. All went well. Then a couple days later. He stated that I made a mistake and the package I sent was not as described. I said ok. Said I’m sorry since it was my mistake. I refunded him the money out of good will without even getting the package. He sent it and gave me the tracking. This all happened in December. It has been five months and nothing of the package. I asked him to refund me back the money that I sent back out of good confidence. He says no because it’s not his fault that it went missing. I feel that is what the insurance is for. It is not my fault. Technically no one refunds the money until they receive the package back as it was found. But I sent it anyways to have him happy. My question is this. I have waited 5 months for the package and nothing has come up. So I feel that the money should come back to me and he should deal with the shipping company and the insurance. Thank you omega forum for the help.

Greg

Noles_88

@MaiLollo

Am I right. Or am I on the wrong?

MaiLollo

Well you sent the money & package went missing. I think you're in the right. Shipping insurance is a pain, but I think the burden is on him, because as stated you sent the money back before receiving the package. He could have both money & watch right now...
It's always good to have both sides of a story

w154

The only circumstance I can imagine that would put you in the wrong is if you agreed to pay for return shipping, and you instructed the buyer to not bother with insurance. In any other case, with the information you’ve given, I think the onus is on the buyer to claim from the insurance and refund you.

Davidt

I believe the onus is on the sender to deal with insurance claims.

Noles_88

hello community. I have a question. See if I am wrong in my position. I sold something to a forum member here. He received the package and everything went ok. I received payment. All went well. Then a couple days later. He stated that I made a mistake and the package I sent was not as described. I said ok. Said I’m sorry since it was my mistake. I refunded him the money out of good will without even getting the package. He sent it and gave me the tracking. This all happened in December. It has been five months and nothing of the package. I asked him to refund me back the money that I sent back out of good confidence. He says no because it’s not his fault that it went missing. I feel that is what the insurance is for. It is not my fault. Technically no one refunds the money until they receive the package back as it was found. But I sent it anyways to have him happy. My question is this. I have waited 5 months for the package and nothing has come up. So I feel that the money should come back to me and he should deal with the shipping company and the insurance. Thank you omega forum for the help.

Greg

asrnj77

It seems like part of the story is missing, right? I mean if I got the tracking number and 2 days later it shows it isn’t moving then we have a problem. After 5 months it’s unlikely to appear (unless it’s coming via the pony express). A shipper can get a tracking number without ever sending the package. If the shipper didn’t send the package then they stole it from you. If they did send it, what is the company saying about the location of the package? When/where was it last scanned?

Noles_88

It was sent from Europe to USA. I am located in Florida to be exact. It was last scanned December 25th. In NY. Hasn’t moved since.

w154

One thing... if the buyer felt you’d grossly misrepresented something then he may feel less obliged to try and help out. He might feel he’s wasted time and effort already, and might not be willing to are more effort. I’m not saying that this would put him in the right, but maybe help explain his position. What kind of $$$ are we talking about ?

DLT222

Ok, let put this to bed.

The person he is referring to is me.

Lets start with what happened.

Bought a watch bracelet ($520) from here off Greg, it turned up, I looked at it and the bracelet was a mark 2 bracelet with an 1171 clasp that had the buckle stretched to fit the link attaching the bracelet to the buckle.

Notified him the day it landed just a little later in the day as I never opened it till then. Greg sent the funds back with no hesitation to which I didn't ask for. Below are photos of the package with the tracking blanked out and also photos of proof of tracking that shows Royal mail has handled it till it landed in the USA where USPS took over the handling of the package, this is where its got lost.

Greg never actually said on here that he could track it and has done.

Now, I had to wait 25 days as per Royal Mail guidelines to file a claim. In this time both me and Greg were back and forth via text etc and still have been till 30 mins ago.

I have also stated to Greg that I have seen items sent international (from Germany) to me turn up 8 months later when I lived in the USA, again handled vis USPS.

Royal mail have insisted that USPS must action a full trace for the package but USPS are saying its Royal mails fault to which it was not even in Royal Mails hands, hence why they are saying its on USPS. You can clearly see that the item hit the USA on Christmas day of all days, it has since vanished.

It was shipped to me via USPS so I return shipped it to Greg via Royal Mail.

This is where the sticking point lies with me. If I was to pay back the full cost and Royal Mail not honour any claim which I don't think they will (and yes it was posted with max insurance available on international tracked & signed) Greg will have the full cost back, I will have no bracelet, minus cash and then I will have to chance that the item might turn up in x months time like it did with the Apollo 11 box a few years ago.

I have offered 50% of the cost of the bracelet so we are effectively both out of pocket, Greg has no bracelet and I have no bracelet, Greg has his cost of the item, and I have the cost of the item that never arrived back at the desired location.

I also think we all know I am far from shady and if I am saying I will post something back it will be posted back like this item has been.

DLT222

I bought a box from Germany off ebay for an Apollo 11 40th Anniversary, it never showed up till 8 months later, the box was battered and of no use at all.