am i right with this paypal claim, or being unfair.

stolt

will try to keep this short, bought a expenive item from a usa seller, he sent it and it was lost in the postal system (fully trackable) but it went missing on the deliveyr van to me. seller insured stated value at $500.00 to help me out with custom duties, i agreed to this, but now the problem is that the item has gone missing the courier company will only refund $500.00. The seller agreed he would send a replacement if i paid a further $1200.00 which i agreed to because it means we are both agreeing to the mistake and accepting part of the cost of the lost money. Then for about 3 days of me chasing the seller kept telling me to be patient and i was concerned he was going to do a runner nd clean his paypal account out so i opened up a dispute, but not a full escalation. Hes annoyed with me for opening a dispute and say paypal have froze his account and phoned me tonight from america to say he wont send a replacement until i close the dispute. i said if i close it now i lose all my protection, and if he resent it and provided the tracking number to paypal they would see in his favour if he could prove the delivery to me. he wont do it and said his auction states that there is no postal insurance, so paypal will favour his side, now I didnt want it to get like this and i would still send an additonal $1200.00 if he would only send out a replacement and then i will close the dispute, and he will show them the emails where stated that the value will be $500.00 but as i said I want a replacement rather than a refund.

he says because he is a powerseller and its his business he won be running away and i should trust him, yet he doesnt trust me. he said he had his own paypal rep because h was a powerseller, so i said please phone them and check what i have said about the tracking is the truth but i heard his partner in the background saying w are not doing that...

sorry, not that short in the end.. but would appreciate some advice. i know i was perhaps a little early putting in dispute but it was just the early stages of a dispute and i was concerned that i wasnt being given a straight answer.

pinkgem

DON'T CLOSE THE DISPUTE! it cannot be reopened.

"he wont do it and said his auction states that there is no postal insurance, so paypal will favour his side"

above is not true. paypal would need proof of delivery for him to win the dispute.

Premier_2

So the seller committed a crime by declaring an item on customs papers that actually sold for $1700 only sold for $500.

You agreed to this, so you could be considered an accessory to the crime.

Btw, no matter what the sender declares the value as, you as the receiver are legally considered the importer and should declare true value to customs, irrespective of what the sender wrote. Why do I think if you had got the item through customs at $500, you wouldn't have declared the true value?

Now you want help because it's all gone tits up with the item being lost and the insurance not covering the cost. :rolleyes:

The advice I will give is don't cheat the system. Pay your taxes like the rest of us have to and you wouldn't have created the mess you now find yourself in.

This is MoneySavingExpert.com. You'll find plenty of ways to save money here honestly, without lying, cheating and deceiving.

soolin

I do tend to echo what Premier has said. Also, I would have concerns that when the seller tries to claim off the courier and the courier realises that a fraudulent customs declaration was made what's to stop them reporting this to the authorities?

stolt

The seller is only claiming for the $500.00 that the box had on as a value, its me being silly, but when the seller said he would do that, I thought that the value on the outside of the box would be $500.00, but the insured value would be the higher value. I've accepted the mistake and agreed to send another $1200.00 to him and he will combine this with the $500.00 fromt he first claim and he has now agreed to send a replacement while the claim is open and of course i can close the claim when i have receieved the replacement.
so all hopefully it will all turn out good in the end, expensive lesson to learn, but there are more important things to worry about in life.

soolin

I also have concerns that the seller by defrauding HMRC has shown themselves to be less than honest..now they want you to send them more money?

Why trust someone who is dodgy, do you actually have proof that the item was stolen en route in the delivery van?

stolt

soolin wrote: »

I also have concerns that the seller by defrauding HMRC has shown themselves to be less than honest..now they want you to send them more money?

Why trust someone who is dodgy, do you actually have proof that the item was stolen en route in the delivery van?

Yeah I take your point on that, yes i paid for it fully trackable by UPS, and it went missing on the van, so i guess the driver got away with it when he see what was on the outside of the box. UPS put a investigation together but didnt really tell me or the seller anything that i didnt already know. The seller phoend me last night arguing for me to close the dispute becaus ehe is concerned that he sends another item against the $1200.00 i've just sent and well i could leave the dispute open for the first item which has the tracking number against it and well it shows it hasnt been delivered so paypal could find in my favour and award me the claim and i would have the item for half the original price. But as i say i cant close the dispute as it cant be re opened so he has to trust me in that is what i will do when i get the replacement in my hands.

StaffsSW

I'd be thinking that I'd just want my original monies back via paypal, and let the seller deal with the UPS claim.

from the phonecalls described, i certainly would not be willing to hand over any more cash.

stolt

stevew8975 wrote: »

I'd be thinking that I'd just want my original monies back via paypal, and let the seller deal with the UPS claim.

from the phonecalls described, i certainly would not be willing to hand over any more cash.

Well as the guy stated i agreed to the $500 value so i'm doing him out money if i claim the full amount back for non receipt.

alooof

if the item is lost, isn't the customs declaration lost too?
when i send things, the only record of the value is stuck onto the parcel!

stolt

alooof wrote: »

if the item is lost, isn't the customs declaration lost too?
when i send things, the only record of the value is stuck onto the parcel!

good point, i'm not sure on that, maybe the seller managed to claim the full amount from UPS told me otherwise and then i sent extra money.... i better check this with ups but i suspect that they wont talk to me as i wasnt the sender.