Getting screwed...Need some legal direction *UPDATE* finally

Hey guys..In a extremely small nut shell heres my deal

I sold xbox 360 and sent it to man
Man says he never got it and opens dispute
Tracking number doesn't work online cuz it is part of an insurance claim
Fax paypal with proof of delivery and all
They won't help me cuz his wife signed for it. His last name is apparently different now cuz the wife signed somethin other then what paypal has.
This man has my $320.00 and I have no further help from paypal

What do i do now. This man's phone number is wrong on ebay and if i contact him he will deny it as he has done in the past.

Do i take this to small claims court?? If so what is my first step in this process...please people...19 year old college kid with a loss of $320.00 on his hands is a huge deal to me...Can anyone assist me with a lil' legal advice in this ordeal..

THANK YOU SO MCUH!!

I would keep contacting Paypal until you find someone helpful there. This guy is obviously lying about it all. "His wife signed for it" which means someone has your 360, so find that name and get cracking!

I called his contact info and OF COURSE that was not his real number...Im on with ebay's LIVE SUPPORT right now attempting to get his real number

That signature thing is actually a ridiculous catch with Paypal seller protection. They say they can't protect you if someone other than the buyer signs for a package. In this case, since it's his wife, you should be able to dispute somehow. What's paypal's excuse for not getting your money back because his wife signed for it? Have you called them?

How's his ebay feedback? If he doesn't have his real contact info (almost proof he is shady), ebay can ban him.

If you insured the package with USPS, you will get some of it back from them alone. ALSO, filing an insurance claim with them will actually get them into investigating what happened. It's another member on your side.

[quotef4871ec466="nobody2000"]If you insured the package with USPS, you will get some of it back from them alone. ALSO, filing an insurance claim with them will actually get them into investigating what happened. It's another member on your side.[/quotef4871ec466]
I'm a tad confused. The package was not actually lost. It simply took a few days extra to arrive. It shows as delivered in there system as they printed out a signature confirmation sheet for me showing this.

So you need your money? How did you send it? USPS you say? You need to get in touch with them, to get your package BACK.

If you read his post you'll see his package was not lost. It was delivered but Paypal is screwing him. Just call them directly.

[quote096498d79b="hehehhehe"]If you read his post you'll see his package was not lost. It was delivered but Paypal is screwing him. Just call them directly.[/quote096498d79b]

Call [i096498d79b]THEM[/i096498d79b] directly....U mean paypal or the individual...

Im trying to get a hold of the buyer but his contact info was wrong. Ebay is working on that. I figure ebay can't do crap, Paypal can't help any further, and the Post Office has already delivered it. It was not signed by the person i insured it for....Is that somewhat of a holding ground in an argument or is it basically open to anyone that can sign to accept the package...

Basically i need to hear from someone that has taken somethin to small claims court....What court would this take place in...Would one of us be required to travel to some sort of physical court or how is that worked out. As you can see i live in IOWA while he's in Tucson, Arizona. ????????

get a couple of your buddies and take a drive.

[quote0b55d019a5="tracemhunter"]get a couple of your buddies and take a drive.[/quote0b55d019a5]

Lol...u have no idea... I thought of this today..Im like..U know what?? If it costs $200.00 in a trip i'd just confront the dude....walk in his place and steal the shit...considering im STEALING my OWN shit..haha...I know that wouldn't hold up against charges but I like the idea!!


THINK SMALL CLAIMS PEOPLE!!!

You can confront USPS, because theoretically, nobody should be allowed to sign for it other than the name on the package, therefore, I think with a few nice letters to USPS corporate, you can probably get something worked out between yourself, USPS, and Paypal.

that's my point...technically since the intended recipient did NOT sign, then it's "lost" and they can investigate.

Remember, if you sent something through the mail and you're getting fucked, it's MAIL FRAUD and you have not the state gov't on your side, but Uncle Sam!

I'll try to help - but I have some questions

How did you ship the package?
What services [id40c6fa4d4]exactly[/id40c6fa4d4] did you buy (assuming USPS)? Delivery Confirmation, Signature Confirmation, Registered, Insured etc...

Who signed for the package and what proof do you have that the person signed for the package?

Hey thanx alot for all the help guys. I reallly really appreciate it!!

DOYLNEA

I shipped the package USPS parcel post

Insured for $360.00

(I requested delivery confirmation but the woman at the counter told me since it was insured for more then $100.00 that it was included)

My proof is a Insured Mail Receipt, the register sales receipt, and "Intranet Item Inquiry" from the USPS showing signature, name in print, and full address hand written below.

I've just found a big problem. Pretty sure i'm basically screwed at this point because The package was, in fact, sent to a LINDSAY MILLER.... I'm guessing this is prolly the buyers wife or somethin of that sort. A "LINDSAY HAMMER" signed for the package. Most likely the same person.

My real problem is that paypal said it was sent to a different because in fact the man had me ship it to an unconfirmed address. My feedback is around 80 with most of them sales and i've FINALLY come to understand the importance of CONFIRMED ADDRESS shipping....Definitly a painful learning experience

I'm still most definitly sure he planned this out and grinned in his little dark room somewhere when he realized i agreed to the shipment.

So basically i've screwed myself when it comes to these companies (paypal, ebay, Post office) helping me. Soooo...I'm guessing small claims is last resort.

I've given him to many ways to screw me on this one but i'm most definitly sure he has the item. Any other suggestions guys....

#1 - Go to eBay and report that person becuase he has FAKE or False information, they have an option there, If you don't know where, then go to Live Chat and ask them (explain everything to that person so you can get a better support)

#2 - You must call PAYPAL and explain all the situation, they will give you some info as what to do or what you need to provide.

Contacted paypal, faxed all documents i have, they said they cannot help because it was not the buyer himself who signed for it, the address which it was shipped to and which i have proof of signature for is not the address paypal has for this man.....So basically ya...They've concluded that there is no way they can help me any further....

[bcaf3bf97ed][/sizecaf3bf97ed]-UPDATE-
[/bcaf3bf97ed][/sizecaf3bf97ed]

So....I talked to the buyer and it looks like he did indeed fail to recieve the xbox. His address is 1038 wile the package was signed for from a #103...apartments of course...

The package was sent to a Lindsey Miller while a Lindsey HAMMER signed for it....So it look's like the mailman went to the wrong door number and they figured "Hey...free xbox 360!"....But what are the chances both names are lindsey...anywho... It looks like its time to take this up with USPS... There insurance receipt was hand written by the USPS clerk with the correct address #1038.....

I'll be going to USPS tomorow...Is USPS usually pretty good about these things, considering they did deliver it to the wrong address AND name...

Well i've never been in situation like yours, However one time i sent a dvd player and it was DOA and they claimed it was a packaging error coused by sender (witch it odviously was not). They will probably try and give you the run around and a bunch of bullshit. Threaten theme with legal action and you should be okay after all its there fallult not yours. Good luck bro hope everything works out for you.

-Jordan

Thank you. I just filed a complaint on there website and I'm going to the local post office tomorow. Lost the sales receipt (WHICH THEY ALWAYS WANT FOR INSURED CLAIMS) BUUUT good thing i photocopied EVERYTHING when this crap started to hit the fan...

and the lesson for today? keep them damned usps receipts! I've been lazy with that stuff before but luckily for me my shipments never got lost. Hopefully it all works out for you. What a pain though. Good luck.