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  1. #1
    Join Date
    Aug 2012
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    7

    Default USPS Package Never Arrived, How to Get Compensation

    My question involves a consumer law issue in the State of: Miami
    LOST MAIL USPS: On 3/12/12 I sold a 100oz. silver bar on EBay for $3700.00. He lives in Miami, FL and I live in Southern California. When I went to ship it, I asked the service person, how to ship this item. She told me that I should ship, Priority, Signature, Insured. I did and he received the package. Then he wanted an exchange for different type bar. I agreed. He went to his post office and also asked the service person how to ship a silver bar. He was told the exact thing. So he shipped the bar to me. As soon as I had the tracking info, I shipped the replacement bar. I shipped the exact same way that I sent the fist bar. He received the bar and was happy. The bar that he shipped to me got lost. I even got a letter from my post office supervisor, stating that, his personnel and the personnel in Miami, that they all felt this to be the proper way to ship bullion. I have appealed 3 times to USPS, which all have been denied. He will no longer communicate with me. I was told by a lawyer in Miami, Fl., that I cannot sue USPS. They are sovereign. When I decided to sue him in small claims in Miami, the same lawyer told me that he is covered basically because it is the post office’s fault. I NEED HELP!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,761

    Default Re: USPS Package Never Arrived, How to Get Compensation

    If they guy who sent it to you insured the package, why won't he make a claim?

  3. #3
    Join Date
    Jul 2012
    Posts
    479

    Default Re: USPS Package Never Arrived, How to Get Compensation

    If he sent it insured and refuses to make a claim (and it is not clear whether you've communicated with him about this and he's refused), then he is not off the hook.

    - - - Updated - - -

    I trust you've learned that in future you should not send out exchanges without having the returned item in hand first.

    I would also make it clear as to sales in future that they do so on understanding that if they return something, they take responsibility for it reaching you (insuring it and pursuing claim for same if it's lost) but in any event are on the hook for covering its purchase price.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: USPS Package Never Arrived, How to Get Compensation

    Sounds like the buyer scammed you for a bar.

  5. #5
    Join Date
    Aug 2012
    Posts
    7

    Default Re: USPS Package Never Arrived, How to Get Compensation

    The lawyer that I talked to in Miami told me that since he used USPS, and USPS is sovereign, He probably would not be liable. He has submitted the claim but has not perused it. He will not return calls or Emails. My fear is the lawyer in Miami to represent me in small claim there want about $1100,00 to get it Mediation. I would be happy at this time to split it with him.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: USPS Package Never Arrived, How to Get Compensation

    Quote Quoting rick7527
    View Post
    The lawyer that I talked to in Miami told me that since he used USPS, and USPS is sovereign, He probably would not be liable.
    USPS can claim governmental immunity, an individual dropping something into a mailbox cannot. If your lawyer said something on the subject of the person sending the package, it would likely be in reference to the fact that you deemed the USPS to be not only the appropriate means of sending the item, but the preferred means, and that he fully complied with his duties by depositing the properly addressed and insured package with the USPS.
    Quote Quoting rick7527
    He has submitted the claim but has not perused it.
    The buyer submitted a claim that he has never read? Did you prepare the claim on his behalf, and have him simply submit it without even looking at it?

    I suspect that you said "perused" when you meant "pursued". If he filed a claim, he filed a claim.
    Quote Quoting rick7527
    He will not return calls or Emails.
    How often have you been calling and emailing? Perhaps you've worn out your welcome.
    Quote Quoting rick7527
    My fear is the lawyer in Miami to represent me in small claim there want about $1100,00 to get it Mediation. I would be happy at this time to split it with him.
    He paid for his merchandise. He returned the item as part of the exchange and you don't dispute that he deposited the item in the mail, insured with a signature requirement, consistent with your instruction. He filed an insurance claim when the item went missing. The USPS admits that it received the item and that it lost the item. Why do you think he owes you a penny?

  7. #7
    Join Date
    May 2008
    Posts
    582

    Default Re: USPS Package Never Arrived, How to Get Compensation

    Have you tried to make a claim through ebay?

  8. #8
    Join Date
    Jan 2006
    Posts
    27,109

    Default Re: USPS Package Never Arrived, How to Get Compensation

    How would this have anything to do with EBay? The initial transaction was completed. This is a transaction outside of eBay's involvement and as such, no claim through eBay would be possible. Once the item sold on eBay was received, eBay is done unless there is a complaint concerning wrong merchandise, damaged merchandise, or such. That is not the issue here so eBay was done when Florida acknowledged receipt of the merchandise as fulfilling the contract.







    USPS Package Never Arrived, How to Get Compensation

    My question involves a consumer law issue in the State of: Miami
    LOST MAIL USPS: On 3/12/12 I sold a 100oz. silver bar on EBay for $3700.00. He lives in Miami, FL and I live in Southern California. When I went to ship it, I asked the service person, how to ship this item. She told me that I should ship, Priority, Signature, Insured. I did and he received the package. Then he wanted an exchange for different type bar. I agreed. He went to his post office and also asked the service person how to ship a silver bar. He was told the exact thing. So he shipped the bar to me. As soon as I had the tracking info, I shipped the replacement bar
    so, where is the package per the USPS tracking system?

    Was the package insured for actual value with the $3700 being the declared value?

  9. #9
    Join Date
    May 2008
    Posts
    582

    Default Re: USPS Package Never Arrived, How to Get Compensation

    forgive me.... you don't have to jump down my throat.

  10. #10

    Default Re: USPS Package Never Arrived, How to Get Compensation

    I'd just like to add a tiny bit to this discussion regarding getting tracking information on a package. The OP said he shipped the replacement as soon as he had the tracking information -- enormous mistake. You can get a tracking number BEFORE you even mail a package, either online or by using a self-serve kiosk at the post office. You can put ANYTHING on the postal scale, punch a few numbers into the machine and get a tracking number. Once you get that tracking number, you're SUPPOSED to deposit your package into the mail box directly adjacent to the self-serve kiosk (ON YOUR OWN, with no postal clerk necessary) You don't even need to ship the actual package -- there likely never WAS a package, and it costs you only a few dollars to register a phantom package that is never actually SHIPPED. It sounds to me like this is what the receiver did: He got tracking info for a phantom package that he never actually shipped. What is the possibility that the receiver simply did this and sent the OP the bogus tracking information. OP screwed up mightily by not waiting until he'd received the package the buyer claimed he shipped. USPS is not responsible because there was no package. There is no way he can ever get either his money back or his silver bar.

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