TheSamba.com :: View topic

Tue Mar 30, 2021 12:11 pm

I bought some parts from a samba member and he shipped it with FedEx and Fedex lost the shipment. Even the law is clear about this issue that he has to pay me the money back because the shipper is 100% responsible for the delivery part, he is not willing to give me the money back and keeps actually calling me names and harassing me. I need to get this over to a law firm in the Vegas area. Anyone know a good firm to take on small stuff under $1k ?

Tue Mar 30, 2021 12:13 pm

:popcorn:

Tue Mar 30, 2021 12:14 pm

danfromsyr wrote: :popcorn:

That is funny in a not so funny situation ...

Tue Mar 30, 2021 12:15 pm

danfromsyr wrote: :popcorn:

x2

Tue Mar 30, 2021 12:18 pm

that sucks but it sound like legal fee would be costing more than the actual stuff that was lost. sorry.

Tue Mar 30, 2021 12:29 pm

Uh oh, Vegas area...Couldn't be Vic, could it?

https://www.thesamba.com/vw/forum/viewtopic.php?t=...p;start=80

Tue Mar 30, 2021 12:35 pm

I'd be willing to call you names for way less than $1k

Tue Mar 30, 2021 12:45 pm

I don't think you need a lawyer, small claims court is your friend..

http://www.lasvegasjusticecourt.us/faq/faq_-_small_claims.php

Tue Mar 30, 2021 12:47 pm

mreuter wrote: I bought some parts from a samba member and he shipped it with FedEx and Fedex lost the shipment. Even the law is clear about this issue that he has to pay me the money back because the shipper is 100% responsible for the delivery part, he is not willing to give me the money back and keeps actually calling me names and harassing me. I need to get this over to a law firm in the Vegas area. Anyone know a good firm to take on small stuff under $1k ?

How did you pay for said part(s)?

Tue Mar 30, 2021 12:52 pm

Small claims court is your option.

Tue Mar 30, 2021 1:13 pm

11BC2 wrote: mreuter wrote: I bought some parts from a samba member and he shipped it with FedEx and Fedex lost the shipment. Even the law is clear about this issue that he has to pay me the money back because the shipper is 100% responsible for the delivery part, he is not willing to give me the money back and keeps actually calling me names and harassing me. I need to get this over to a law firm in the Vegas area. Anyone know a good firm to take on small stuff under $1k ?

How did you pay for said part(s)?

Stupid me 😡 with Vemo . If PayPal or any other way even check or Debit it would be no problem.

Tue Mar 30, 2021 1:14 pm

Steve M. wrote: Small claims court is your option.

Do I file in California or Las Vegas where he lives?

Tue Mar 30, 2021 1:18 pm

When I ship something I've sold, there is a base insurance amount included. I believe for an example UPS is $100. I recall the USPS is $50, but I could be wrong about both. Additional insurance is an add-on.

Seems that if the value was more than say $100 insurance could have been added to the shipping cost and that would be on the buyer, since buyer is paying shipping often. Did you discuss insuring the shipment?

If the package was well packed and labeled and some how FedEx lost it, how can you be disappointed with the seller if he did his due diligence? So, the seller should be out the parts he sold and the money? Wow. I may need to reconsider selling vanagon parts on.

Small claims is your only option. It's too bad it didn't work out for both members.

Tue Mar 30, 2021 1:48 pm

If the seller shipped it,

If FedEx notified you that it was received by them, and is in route

Then it vanished!

Exactly how is this the sellers fault?

I'd be going after FedEx to find it.

During the Christmas season USPS lost two packages, both out of the Denver area.
One was from VanCafe,
One was from an individual.

It wasn't their fault at all!
I ordered another from the individual, he volunteered to take one back if I get two.
VanCafe was compassionate and I reordered the must have item.

Did it suck buying the same thing twice?
Sure did!
But it was just one of life's little curve balls.

Eventually, both boxes showed up.
Long after my replacements were installed.

If there is no proof of it being entered into FedEx's system, sure he's in doubt, go for it. But if he did his due diligence..........

Dave

Tue Mar 30, 2021 2:08 pm

djkeev wrote: If the seller shipped it,

If FedEx notified you that it was received by them, and is in route

Then it vanished!

Exactly how is this the sellers fault?

I'd be going after FedEx to find it.

Dave
Actually the seller needs to file a claim with FedEx.

Tue Mar 30, 2021 2:12 pm

Glenn wrote: djkeev wrote: If the seller shipped it,

If FedEx notified you that it was received by them, and is in route

Then it vanished!

Exactly how is this the sellers fault?

I'd be going after FedEx to find it.

Dave
Actually the seller needs to file a claim with FedEx.

Whatever the procedure. The seller did nothing wrong.

Dave

Tue Mar 30, 2021 2:17 pm

djkeev wrote: If the seller shipped it,

If FedEx notified you that it was received by them, and is in route

Then it vanished!

Exactly how is this the sellers fault?

I'd be going after FedEx to find it.

During the Christmas season USPS lost two packages, both out of the Denver area.
One was from VanCafe,
One was from an individual.

It wasn't their fault at all!
I ordered another from the individual, he volunteered to take one back if I get two.
VanCafe was compassionate and I reordered the must have item.

Did it suck buying the same thing twice?
Sure did!
But it was just one of life's little curve balls.

Eventually, both boxes showed up.
Long after my replacements were installed.

If there is no proof of it being entered into FedEx's system, sure he's in doubt, go for it. But if he did his due diligence..........

Dave

Because I never received it so it doesn't matter for Fedex. I cannot open a claim with Fedex because it can be only be done by the shipper who is the owner of the package and Fedex has a legal contract with the shipper, not the receiver. Makes sense?

Tue Mar 30, 2021 2:18 pm

Glenn wrote: djkeev wrote: If the seller shipped it,

If FedEx notified you that it was received by them, and is in route

Then it vanished!

Exactly how is this the sellers fault?

I'd be going after FedEx to find it.

Dave
Actually the seller needs to file a claim with FedEx.

100% correct. Fedex want even talk to me. They say only the shipper can file and receive reimbursement.

Tue Mar 30, 2021 2:23 pm

djkeev wrote: Glenn wrote: djkeev wrote: If the seller shipped it,

If FedEx notified you that it was received by them, and is in route

Then it vanished!

Exactly how is this the sellers fault?

I'd be going after FedEx to find it.

Dave
Actually the seller needs to file a claim with FedEx.

Whatever the procedure. The seller did nothing wrong.

Dave
The seller has the responsibility to file a claim and follow through. Once they get a the insurance money they need to refund to the seller. The seller needs to wait for the process to run.

If the seller refuses to file a claim then the seller should be held liable for the refund.

In February I made a purchase from a Amazon seller. It was sent USPS First Class with a tracking number. After 2 weeks it didn't show up so i contacted the seller and since the tracking had no status in 10 days, they issued me a full refund. 3 weeks later the product showed up at my door. The tracking number showed somehow wound up in Florida which is not between Chicago and New York. I contacted the seller and they provided me a return shipping label.

Another story, I purchase some parts from a online vendor and paid with Paypal. I never received an invoice and they never responded to any emails. I filed a dispute with Paypal. The vendor provided a tracking number that said it was delivered so Paypal closed the case. The tracking showed it was delivered to an address in my town but didn't provide the actual address. I went to the post office and confirmed that the tracking number was was to a different address and my name was not on it. I got back in touch with Paypal and after they investigated it, issued me a full refund.

So to the OP... if the seller is not cooperative and the payment service doesn't have a dispute resolution center... then you are screwed.

Tue Mar 30, 2021 2:27 pm

I am actually surprised how many people don't know about this that the responsibility for shipping is on the seller side. You can google this and many post are about it. This link is for members who ship stuff out and dont know this:

https://www.localsolicitors.com/consumer-guides/co...9sK0f1ZHY0