We purchased an item on ebay. The item was to be insured, we paid for insurance. Item lost by UPS.?

Seller says we received it but have proof no insurance was purchased and where it was lost. (Not even in the right state) Post master general is not helping. Should we go to small claims? Seller is far away in another state.

Wallydoo,
First of all, eBayâ€™s User Agreement state that sellers must deliver the items that buyers purchase from them.

All domestic UPS shipment pricing has shipping insurance automatically included on the first $100 of declared value. It is the seller's responsibility to purchase insurance after collecting the UPS shipping and handling fees from you. Hence, the seller has responsibility and is obligated for providing you with tracking information, and proof of Insurance to prove the statement that "it was received" and for you to initiate a claim for package loss..

If the seller did not purchase the insurance, and you can prove that you paid for it, and the parcel is lost, the seller is responsible for either refunding your purchase price, or replacing the item with another one and cannot charge you again for any shipping charges.

Now, first you say UPS, then you mention Postmaster General. Both totally different entities. One is United Parcel Service - UPS, the other United States Post Office - USPS.. The procedure for submitting claims is totally different. The USPS Postmaster General cannot help you without following their guidelines for processing a claim for loss.

PDF form has to be filled out with the appropriate information and copies ( make a copy for yourself) of all the receipts. You cannot make a claim for insurance loss until 21 days after the date of mailing, and the claim must be filed by 180 days of mailing.
http://www.usps.com/forms/_pdf/ps1000.pdf

Have you contacted the seller and requested (or demand) that they send you a copy of the original Insured Mailing Receipt, or even a copy of the USPS register receipt?

Do you have a copy of the eBay transaction including payment process such a Pay Pal transaction, a cancelled check?

You'll need both to process the claim.

Now, if the seller is unwilling to follow through and assist you, you have recourse through the Items Not Received Process. You can open an Item Not Received or Significantly Not As Described dispute between 10 and 60 days after the transaction date (the date when the listing closes and the buyer commits to buying the item and the seller commits to selling it). eBay gets involved and will contact the seller directly regarding this problem. This is one area that eBay is very good at working with the consumer to resolve any disputes.
http://pages.ebay.com/help/tp/inr-snad-process.html

PayPal Resolution Information - works with the above process
http://www.paypal.com/us/cgi-bin/webscr?cmd=_help-ext&eloc=1676&loc=1671&unique_id=1509958&source_page=_home&flow=

Please review this process ASAP and don't wait too long after the 10 day period after the auction ends to file this. Don't allow the seller to waste any more of your time and to make you miss out on the 60 day time limit after the auction end date to file the dispute, like some sellers try to do. eBay will not honor claims filed after the 60 day period.

how much was it for? If you paid by Pay pal it is easier to recoup the money thorough them. Or ask credit card company for advice. You could take the post office to court if you can prove it was insured - but the seller will have the original certificate, not you, and my gut feeling is this is going to be an expensive goose - chase for you

How did you pay? If you paid via Paypal file a claim, it will then be the sellers responsibility to prove that you received the item. If you paid via credit card file a chargeback. I suggest never paying for an item by any other method as you have no protection whatsoever.

Did you pay by paypal if you did put in a claim , I have had 3 items go missing so I just claimed worked 3 times just press item not recieved and follow instructions, I hope your lucky nothing worse than losing your money , good luck .

Put in a claim with paypal, if you paid using it. This will get your money back.

How much money are you talking about?

U should trace from UPS who was supposed to despatch the item and if it is delivered to whom it has been delivered as they must have a delivery signature at their office

did you pay using pay pal? Hopefully you did, then you can contact pay pal and they will refund your money after you open a dispute. It may take about 30 days, but if you have all of the info there shouldn't be a problem. If you paid in using another payment method you may want to report them to eBay. That is the only way to hit them where it hurts with eBay by leaving neg feedback, but be prepared b/c they will do the same to you.

Ask the seller to demand the airwaybill from the courier. By this, you will know who received the item and when.

First, are you talking UPS, or USPS? It makes a huge difference. For UPS, ask for the tracking number, there is ALWAYS a tracking number. For insured packages, there is also a tracking number. Ask the seller for that number. If the seller can't/won't provide the number, file a complaint with Ebay (but don't expect them to do anything), with Paypal, or with the postmaster if you mailed a check.

You can file small claims in YOUR city of residence. You'll probably win, but that doesn't mean you'll GET anything.

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