USPS Lost package - who opens a claim seller or buyer?

blueshadow

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So I sold a snare back in April to a fellow forum member. It got sent to the wrong address and was supposedly returned to sender (Me) even though the buyer had called the post office that day and they said they'd hold it for him. When he went to get it they said that it was not there and it was returned to sender. I never got it. I opened a claim for the loss but then he had opened a search request...I'm thinking they denied my claim based on that. We are giving it another week at the longest for them to finish their search (which I don't think anyone really is looking, I think it's lost) How do you handle a lost package, do I need to refund him his money and I open the claim, or since I got paid does he open the claim and get refund? I did purchase the insurance luckily and this is why I always do! But after this fiasco I'm done with the post office!
 

dtk

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I think where you paid for the postage...you file the claim and you credit the buyer. Good luck.
 

trixonian

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As a buyer I had a lost package situation with UPS. They would not give me the time of day, even though I felt like the shipped/lost property belonged to me. It was frustrating to say the least.

As I understand it, you (seller) are the one who has a contractual relationship with the shipping company, b/c you directly paid them and entered into whatever agreement your payment entitled you to. Therefore, you are the one who did not receive the delivery services agreed to, and you should be the one to receive any insurance claim money that is granted.

Basically - what dtk said.
 

Rockin' Billy

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You would file claim. Unfortunately USPS is very very tough to deal with claims and slow. Just stay(patience) on them and keep track of who/what/when. Hopefully it will go easy for you.
 

blueshadow

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Thanks! Yeah have always had good service with USPS and have always tried to use them but I don't get burned more than once by any company...done with them. I shipped another snare the next week and told the clerk about the issue and she said "did we not check the address for you?" I said evidently not.
 

blueshadow

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Just looked and today is 60 days since they tried to deliver. Claims said to be filed within 60 days so I tried to open one and its says I can't since I had previously opened one which was denied. Looks like I may be out the money.... I found how to reopen my claim so did that, I don't have any confidence in getting money out of them though. We'll see
 
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JazzDrumGuy

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Was there an agreement as to who would bear the risk of loss? I would guess not. And you are a private seller, and not a merchant, right? Did you take out insurance? Typically, the risk of loss is on the seller until the good are delivered.

There is a legal presumption that if you addressed it properly, paid the proper postage, and deposited it into the mail, it will get there.

My concern is why it was shipped to the "wrong" address - I assume the package had the right address on it? If not, it will likely be on you and you should return the funds and need to track down (or take a loss on) the snare.

If the addressee was correct, are you saying the USPS delivered it to the wrong person? I think the USPS would be on the hook there. And when they got it back in house (Did the wrong recipient refuse it? What proof do you have USPS got it back?), when the buyer contacted them and they had it, what happened?

Have you tried to contact the buyer's post office master to see if they can assist?

And yes, you need to timely file the claim. Dealing with govt. entities is a pain, and you do not want to be deemed to have waived your time frame. If your initial search was denied, there has to be a basis (due process) and there likely is an administrative appeals process which would require notice & a hearing.

What a freakin' mess....sorry to hear it. But I'd be interested to know the answers to questions in Paras. 1/2/4 above - either PM me or post it here.
Also, if you send me the tracking #, your complaint/inquiry, and the denial,
I'd be more than happy to look into it further for you.
 

supershifter2

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the seller opens the claim. USPS lost a package a while back and the seller had to open the claim and refund me. about 2 weeks ago usps delivered me a package that was wet and damaged. I had to return it to the post office. They returned it to the seller. The seller has to open claim and send me my money back. The buyer cannot file a claim, only the seller. The seller refunds the buyer. USPS refunds the seller IF IF IF the seller had the item insured for the amount sold for. IF IF IF the seller did not buy extra insurance USPS will only refund $50.00.
 

blueshadow

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Buyer just picked up the snare at the Post office! We are both very happy and glad it's over... buyer's double check your addresses you give...sellers double check google maps that the address is correct and ask shipper to double check address....mistakes happen and double checking is just a little trouble....losing a package for a month is a pain!
 

zenstat

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I do love a happy ending.

Packages are hardly ever lost or damaged. Maybe 1 in 50,000? But since millions are shipped each day that's a lot of unhappy people on both sides of a transaction. I judge the quality of a shipping company (and sales sites like eBay) not by the speed or shipping price alone, but also by their behavior when something goes wrong.

Oh, and yes the contract (and insurance) is between the seller (who paid the shipping company) and the shipping company. The poor guy impatiently waiting for his snare has nothing to do with it and thus no rights. That's why the shipping company won't give them the time of day.
 

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