I purchased a purse and wired the seller in full 4k. when she sent me the package, she did not insure it in full and the package is lost. she is now refusing to refund my money because she said she sent it and its not her fault
Optional Information: Country relating to Question: United States State (if USA): Texas Already Tried: I HAVEN'T DONE ANYTHING EXCEPT GET OTHER'S OPINION (EVERYONE FAVORS ME) AND TRYING TO TALK VIA EMAILS SOME SENSE INTO THE SELLER
Hello there
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Does the seller have an online store in the United States?
You say that you "wired" the money -- what method did you use?
Did she offer insured shipping at a higher cost?
--MARY
she has an Ebay store called The Love Booth and one of her policies is insuring all of her packages in full. Her rates on all sales are free shipping so there is no additional costs for the buyer except the cost of the purse. I deposited 2k in her husband's Chase account and 2k into her business account called Handbag Authentication Inc, her business is based out of San Antonio, Texas. I have been going back and forth with her via email because she is in Jordan until 08/29. I feel she is expecting I lose this battle because she is having a hard time getting her money back with USPS because she is out of the country. However, I don't see that this is any of my problem at all. I paid for a purse I did not get
Hello again
I apologize for all of the questions.
Where are you located?
Was the package actually insured? Have you been able to confirm it?
MARY
No worries, I don't mind the questions as long as I am only being charged 43 and not each time we reply to one another. I am located in Houston, Texas and no I am unable to confirm if it was actually insured. I try to track the package down and the USPS rep advises to do an insurance claim so I am assuming it is actually insured. I tried going to USPS to file the claim myself, but The only person who can submit the claim is the sender because they are the ones that bought the insurance.
I am going to assume that you have already made a complaint through Ebay and if you have not that should be your first step. I realize that the wire transfers are hard to undo so it is not so easy to say to you "dispute it through your credit card or paypal" (if you did use either method you should file disputes through them).
Because you are both located in the same state, you have the option of taking the matter to small claims court (magistrates court in TX) where you can make a claim for up to $5,000 -- and the good part is that you have the choice of using a court near you (in your jurisdiction) or near her (her jurisdiction) - considering how large TX is that is a very good option. In a small claims action the court will serve her with process via regular mail so she cannot claim she did not get it and if she fails to appear you will win by default (if she does appear you will still win because the court will want to know what is happening with the supposed insurance she advertises). If she does not pay you back immediately the court can order that her bank account be garnished. You can pick up the paperwork for small claims at your nearest district court (clerk's office) and they are clear forms that you complete and submit for the hearing process. You will get a hearing date within about 2-3 months.
You also have the options of making a complaint to the Texas Attorney General's office for consumer violations -- but the thing with the AG's offices nationwide is that they will generally wait until they get a number of complaints against a merchant before they will pursue the merchant and put them out of business.
Please let me know if you have further questions -- you are charged only once and I am not paid until we are finished and you press a star or smile below (I am paid a portion of what you paid -- you are not charged twice).
Experience: 13 years experience in Consumer Protection law, in particular construction law and auto repo law
Hello TinaDo you have further questions for me? If not can you please press a rating below -- I am paid NOTHING for my time unless you press the 3rd, 4th or 5th smile or star below and this is not a hobby for me -- it is how I earn a living so I do appreciate it when customers click and make certain I am paid for my time. THANK YOU !!
Hi Mary,
This is strange because I have already given you the TOP score/smiley.
it turned green is why I know it worked when I selected it. Please let me know what else I need to do to make sure you are paid!!
Thanks for your patience
Tina
It went through a day later. We are having all kinds of updates to the system so I apologize for that. Good Luck