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Author Topic:   Lost mail. Which side would you take?
Jubert39
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posted September 21, 2015 03:53 AM   Click Here to See the Profile for Jubert39 Click Here to Email Jubert39 Send a private message to Jubert39 Click to send Jubert39 an Instant Message Edit/Delete Message Reply With Quote View Jubert39's Have/Want ListView Jubert39's Have/Want List
Hello everyone. Quick question. I am currently in a situation that is kind of ****ty. So without any bias I will keep it as simple as possible.

Person A has cards for sale.
Person B decides to buy said cards. (Over $1k worth)
International transaction here.
Shipped from France to US.
Seller (A) has many references. Has never had and issue with international sales and will ship using low insurance. ($50)
Buyer (B) agrees and pays.

Package tracking shows it left France and arrived at NYS USPS. Then from NYS sent to Nashua NH. Mail is now lost.

Person A did in fact ship. Got to US soil. USPS lost the package.

What happens?
Person A owes B full refund? Or is it Person Bs responsibility since he didnt ask for more insurance?

I dont think anyone is right or wrong here. Usps messed it up. Would 50% refund be the best option?

Transaction started through Facebook "high end group." Normally on a site like Ebay, the seller is ultimately responsible. It is his or her responsibility that the package arrives (usually confirmed via tracking).

Edit: please dont ask why more insurance wasnt added. Or if the mail is truley lost. What happened happened.


[Edited 4 times, lastly by Jubert39 on September 21, 2015]

 
hilikuS
Member
posted September 21, 2015 05:54 AM   Click Here to See the Profile for hilikuS Click Here to Email hilikuS Send a private message to hilikuS Click to send hilikuS an Instant Message Edit/Delete Message Reply With Quote View hilikuS's Trade Auction or SaleView hilikuS's Trade Auction or Sale
I think it was a couple of years ago now, there was a big dispute over sending rules, and tracking and stuff. It even provoked the admins to show up and comment (that's how much of an ordeal it actually was).

Anyway, it wasn't as cut and dry as your case, where clearly USPS just botched, but it created some rules.

The one that matters for you is that anything over $200 is supposed to have insurance added by the sender. Otherwise the sender is still responsible if the package does not arrive as planned. So to the best of my knowledge, that's how it works here.

However, given that nobody actually posted those updated rules in a place where you might be able to read them, it's entirely possible that neither party knew about it, and I would argue that makes it a different story entirely. Since it's such a large sum, and both sides aren't really at fault, I would recommend coming to some agreement here if you can about who should take the loss.

I'm sure you have taken steps to try and contact USPS, but I thought I would add that in anyway. They hold no responsibility on paying for losses since insurance wasn't purchased, but maybe they'll make an effort to tell you what happened to your items.

[Edited 2 times, lastly by hilikuS on September 21, 2015]

 
oneofchaos
Member
posted September 21, 2015 07:39 AM   Click Here to See the Profile for oneofchaos Click Here to Email oneofchaos Send a private message to oneofchaos Click to send oneofchaos an Instant Message Edit/Delete Message Reply With Quote 
quote:
Originally posted by Jubert39:
Hello everyone. Quick question. I am currently in a situation that is kind of ****ty. So without any bias I will keep it as simple as possible.

Person A has cards for sale.
Person B decides to buy said cards. (Over $1k worth)
International transaction here.
Shipped from France to US.
Seller (A) has many references. Has never had and issue with international sales and will ship using low insurance. ($50)
Buyer (B) agrees and pays.

Package tracking shows it left France and arrived at NYS USPS. Then from NYS sent to Nashua NH. Mail is now lost.

Person A did in fact ship. Got to US soil. USPS lost the package.

What happens?
Person A owes B full refund? Or is it Person Bs responsibility since he didnt ask for more insurance?

I dont think anyone is right or wrong here. Usps messed it up. Would 50% refund be the best option?

Transaction started through Facebook "high end group." Normally on a site like Ebay, the seller is ultimately responsible. It is his or her responsibility that the package arrives (usually confirmed via tracking).

Edit: please dont ask why more insurance wasnt added. Or if the mail is truley lost. What happened happened.


I've had packages go rogue for a couple weeks before resurfacing. Not saying do nothing now, but give it 1-2 weeks before assuming lost. What does the USPS update say?

 
LandDestroyer
Member
posted September 21, 2015 09:06 AM   Click Here to See the Profile for LandDestroyer Click Here to Email LandDestroyer Send a private message to LandDestroyer Click to send LandDestroyer an Instant Message Edit/Delete Message Reply With Quote View LandDestroyer's Have/Want ListView LandDestroyer's Have/Want List
quote:
Originally posted by hilikuS:
I think it was a couple of years ago now, there was a big dispute over sending rules, and tracking and stuff. It even provoked the admins to show up and comment (that's how much of an ordeal it actually was).

Anyway, it wasn't as cut and dry as your case, where clearly USPS just botched, but it created some rules.

The one that matters for you is that anything over $200 is supposed to have insurance added by the sender. Otherwise the sender is still responsible if the package does not arrive as planned. So to the best of my knowledge, that's how it works here.

However, given that nobody actually posted those updated rules in a place where you might be able to read them, it's entirely possible that neither party knew about it, and I would argue that makes it a different story entirely. Since it's such a large sum, and both sides aren't really at fault, I would recommend coming to some agreement here if you can about who should take the loss.

I'm sure you have taken steps to try and contact USPS, but I thought I would add that in anyway. They hold no responsibility on paying for losses since insurance wasn't purchased, but maybe they'll make an effort to tell you what happened to your items.


Yup, I remember all that. They actually did update the sending rules and that information is more or less here

http://forums.magictraders.com/ubbmisc.cgi?action=getannounce&ForumNumber=3&Start=2455552.99&End=2462867&Session=

 
Jubert39
Member
posted September 21, 2015 09:23 AM   Click Here to See the Profile for Jubert39 Click Here to Email Jubert39 Send a private message to Jubert39 Click to send Jubert39 an Instant Message Edit/Delete Message Reply With Quote View Jubert39's Have/Want ListView Jubert39's Have/Want List
Few things to note:
Its been over 1 month. Has been in the Nashua since aug 20th. Still "in transit." USPS was contacted about this and it was stated that it had an address encoding issue (meaning the scanner could not understand the address). The package was done correctly as a photo of the package was sent to USPS and they confirmed that nothing was wrong with the packaging. The writing was legible.

2nd- this transaction was done on Facebook high end in which this scenario is not covered.

In all honesty- i think its just a bad situation for both parties so i think a 50% refund is the most fair. And if the item magically appears a month from now then the refund can then be re-refunded back.

 
LandDestroyer
Member
posted September 21, 2015 11:19 AM   Click Here to See the Profile for LandDestroyer Click Here to Email LandDestroyer Send a private message to LandDestroyer Click to send LandDestroyer an Instant Message Edit/Delete Message Reply With Quote View LandDestroyer's Have/Want ListView LandDestroyer's Have/Want List
quote:
Originally posted by Jubert39:
Few things to note:
Its been over 1 month. Has been in the Nashua since aug 20th. Still "in transit." USPS was contacted about this and it was stated that it had an address encoding issue (meaning the scanner could not understand the address). The package was done correctly as a photo of the package was sent to USPS and they confirmed that nothing was wrong with the packaging. The writing was legible.

2nd- this transaction was done on Facebook high end in which this scenario is not covered.

In all honesty- i think its just a bad situation for both parties so i think a 50% refund is the most fair. And if the item magically appears a month from now then the refund can then be re-refunded back.


did you pay via paypal gift or what?

 
LandDestroyer
Member
posted September 21, 2015 11:24 AM   Click Here to See the Profile for LandDestroyer Click Here to Email LandDestroyer Send a private message to LandDestroyer Click to send LandDestroyer an Instant Message Edit/Delete Message Reply With Quote View LandDestroyer's Have/Want ListView LandDestroyer's Have/Want List
quote:
Originally posted by Jubert39:
Few things to note:
Its been over 1 month. Has been in the Nashua since aug 20th. Still "in transit." USPS was contacted about this and it was stated that it had an address encoding issue (meaning the scanner could not understand the address). The package was done correctly as a photo of the package was sent to USPS and they confirmed that nothing was wrong with the packaging. The writing was legible.

2nd- this transaction was done on Facebook high end in which this scenario is not covered.

In all honesty- i think its just a bad situation for both parties so i think a 50% refund is the most fair. And if the item magically appears a month from now then the refund can then be re-refunded back.


did you pay via paypal gift or what?

 
Jubert39
Member
posted September 21, 2015 11:33 AM   Click Here to See the Profile for Jubert39 Click Here to Email Jubert39 Send a private message to Jubert39 Click to send Jubert39 an Instant Message Edit/Delete Message Reply With Quote View Jubert39's Have/Want ListView Jubert39's Have/Want List
paypal gift
 
oneofchaos
Member
posted September 21, 2015 01:11 PM   Click Here to See the Profile for oneofchaos Click Here to Email oneofchaos Send a private message to oneofchaos Click to send oneofchaos an Instant Message Edit/Delete Message Reply With Quote 
If the seller tried to offer insurance, I'd say the seller gets the full amount. That would imply buyer refused it.

If the seller didn't offer insurance, I'd split it down the middle. There's always a chance it returns home to him I suppose.

 
Volcanon
Member
posted September 22, 2015 11:42 AM   Click Here to See the Profile for Volcanon Click Here to Email Volcanon Send a private message to Volcanon Click to send Volcanon an Instant Message Edit/Delete Message Reply With Quote 
quote:
Originally posted by oneofchaos:
If the seller tried to offer insurance, I'd say the seller gets the full amount. That would imply buyer refused it.

If the seller didn't offer insurance, I'd split it down the middle. There's always a chance it returns home to him I suppose.


You have proof it was sent. He waived insurance. It's not an MOTL sale. Buyer eats the loss. Obviously this is subject to whatever the high end group decides.

Maybe I'll be like that one guy who was trying to sell here some time back and demand that people agree to the INCOTERMS standard terms.

 
slurpee
Member
posted September 25, 2015 12:47 PM   Click Here to See the Profile for slurpee Click Here to Email slurpee Send a private message to slurpee Click to send slurpee an Instant Message Edit/Delete Message Reply With Quote View slurpee's Trade Auction or SaleView slurpee's Trade Auction or Sale
I am sure my response to this is expected, but I will tell you the buyer pays for however they want the cards mailed. You as a seller should not be trying to save money on shipping it is the buyer trying to save money. If they didn't want insurance it is theirs, if they wanted registered and you didn't ship it that way it is yours. In a dream world, I would love to sell cards to people and they pick them up so I don't have to mail anything, but my goal is not to make money off of shipping, but to tell you your options for getting your cards and then you pay for that method.


On a side note, you better pray it is a coding error. Mail going through the New york airport customs is notoriously stolen when the item has significant value. ON THREE SEPARATE OCCASIONS I HAVE HAD MOXES STOLEN OUT OF THE JFK AIRPORT MAIL AREA. Think about, what are the odds, never a small order. I bought registered mail on all three of them, yet they never arrived. Magic cards are shipped usually in lightwieght bubble mailers that can be easily stolen and the bins that the mail is put in there are weighed and have a variance for error.

On two of three the bins showed a variance of a few ounces that were lighter after the package had arrived on US soil. I even opened two congressional inquiries, I talked to the Post Master General's office of the entire United States, made his personal secretary cry and you know what the end result of this sad story is....the seller refunded my money, the cards never showed, and it was months of excuses by usps as to what happened and how they are not responsible.

I will take this moment to say as I always do, Registered Mail is worthless for international mail. It makes the buyer feel reassured, but I will point as it was told to me, my moxes while stolen on USA soil, the theft is breaking the law of the other sending country. Hence why they don't take it so seriously.

[Edited 1 times, lastly by slurpee on September 25, 2015]

 
Mr.C
Member
posted September 29, 2015 01:00 PM   Click Here to See the Profile for Mr.C Click Here to Email Mr.C Send a private message to Mr.C Click to send Mr.C an Instant Message Edit/Delete Message Reply With Quote 
Did the buyer refuse insurance? If so, it's 100% on the buyer.
 
wayne
Member
posted October 09, 2015 11:09 AM   Click Here to See the Profile for wayne Click Here to Email wayne Send a private message to wayne Click to send wayne an Instant Message Edit/Delete Message Reply With Quote View wayne's Have/Want ListView wayne's Have/Want List
quote:
Originally posted by slurpee:

On a side note, you better pray it is a coding error. Mail going through the New york airport customs is notoriously stolen when the item has significant value. ON THREE SEPARATE OCCASIONS I HAVE HAD MOXES STOLEN OUT OF THE JFK AIRPORT MAIL AREA. Think about, what are the odds, never a small order. I bought registered mail on all three of them, yet they never arrived. Magic cards are shipped usually in lightwieght bubble mailers that can be easily stolen and the bins that the mail is put in there are weighed and have a variance for error.

On two of three the bins showed a variance of a few ounces that were lighter after the package had arrived on US soil. I even opened two congressional inquiries, I talked to the Post Master General's office of the entire United States, made his personal secretary cry and you know what the end result of this sad story is....the seller refunded my money, the cards never showed, and it was months of excuses by usps as to what happened and how they are not responsible.

I will take this moment to say as I always do, Registered Mail is worthless for international mail. It makes the buyer feel reassured, but I will point as it was told to me, my moxes while stolen on USA soil, the theft is breaking the law of the other sending country. Hence why they don't take it so seriously.



That sounds really scary

 
Jubert39
Member
posted October 11, 2015 07:28 AM   Click Here to See the Profile for Jubert39 Click Here to Email Jubert39 Send a private message to Jubert39 Click to send Jubert39 an Instant Message Edit/Delete Message Reply With Quote View Jubert39's Have/Want ListView Jubert39's Have/Want List
Sorry just read the replies. The seller stated, "ok ill ship with low insurance." I agreed. But i guess since this is my first experience with lost mail, who is responisble. Nothing was explicitly stated. He didn't ask if i wanted additional insurance. He just stated that he would ship with low insurance and i agreed. So if the mail gets lost like it did, who is at los me for not requestion more insurnacr? Or him for taking a gamblr and not insuring enough?

[Edited 1 times, lastly by Jubert39 on October 11, 2015]
 
chaos021
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posted October 11, 2015 09:27 AM   Click Here to See the Profile for chaos021 Send a private message to chaos021 Click to send chaos021 an Instant Message Edit/Delete Message Reply With Quote View chaos021's Have/Want ListView chaos021's Have/Want List
If you're given options as a buyer, then I would say it's the buyer's loss. I have personally decided as a seller to insure some packages that I send on my own, but I generally offer it explicitly as well on some sales. If you don't want it, I feel that you decided to bite that bullet. It's the same as if you choose PWE when tracking and/or insurance is also offered, and you want to rage out after USPS machines eat it or they just lose it. The seller offered. Why should the seller eat a loss for your choice?

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Sale Thread

 
Jubert39
Member
posted October 11, 2015 10:29 AM   Click Here to See the Profile for Jubert39 Click Here to Email Jubert39 Send a private message to Jubert39 Click to send Jubert39 an Instant Message Edit/Delete Message Reply With Quote View Jubert39's Have/Want ListView Jubert39's Have/Want List
Chaos- i had a typo in my previous post. I meant to say, he "didn't" offer additional insurance. it wasnt even brought up. he just stated, Ill ship via low insurance.
 
Jazaray
Moderator
posted October 20, 2015 12:18 PM   Click Here to See the Profile for Jazaray Click Here to Email Jazaray Send a private message to Jazaray Click to send Jazaray an Instant MessageVisit Jazaray's Homepage  Edit/Delete Message Reply With Quote 
Don't loose heart, I had one member who got their package 6 months after it was sent. Yes, 6 MONTHS.

Thanks,
Jazaray

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