Stolen card please keep an eye out - And do I have any recourse?

egbeachley · #1 11-20-2015, 10:29 PM

I'm not a lawyer, but that's not going to stop me.

If you ask for a refund from the seller, which you are entitled to since it was not delivered to you in good condition, then the seller is the owner of the card if (when?) found. If you take the loss then you get the card when found.

z28jd · #2 11-20-2015, 10:52 PM

There are a few people looking for T206 cards with sheet numbers, myself included, so if that comes up for sale, you'll know it.

Luke · #3 11-20-2015, 10:52 PM

I hadn't even considered the possibility that it could be anything other than theft. That would be amazing if it could be found.

Am I really entitled to a refund from the seller?

Peter_Spaeth · #4 11-21-2015, 09:46 AM

Quote:

Originally Posted by LukeLyon

I hadn't even considered the possibility that it could be anything other than theft. That would be amazing if it could be found.

Am I really entitled to a refund from the seller?

I haven't looked it up, but from memory, in a transaction where you don't specify, risk of loss passes to the buyer when the seller delivers the goods to a common carrier. But don't take that as gospel.

Joem36 · #5 11-21-2015, 10:59 AM

I will keep a look out for it Luke.

Joe

egbeachley · #6 11-21-2015, 01:22 PM

Quote:

Originally Posted by Peter_Spaeth

I haven't looked it up, but from memory, in a transaction where you don't specify, risk of loss passes to the buyer when the seller delivers the goods to a common carrier. But don't take that as gospel.

I'm near positive that eBay policy is that the seller is responsible for getting the item to the buyer. If not, what would stop any seller from "mailing" a defective package with the item falling out and keeping the item.

Peter_Spaeth · #7 11-21-2015, 01:25 PM

Quote:

Originally Posted by egbeachley

I'm near positive that eBay policy is that the seller is responsible for getting the item to the buyer. If not, what would stop any seller from "mailing" a defective package with the item falling out and keeping the item.

Did he say it was ebay?

egbeachley · #8 11-21-2015, 02:04 PM

Quote:

Originally Posted by Peter_Spaeth

Did he say it was ebay?

Good point.

But I still think this rule applies to any mail transaction that does not contractually describe transfer occurs upon shipping to a common carrier or shipping is under the control of the buyer through dome manner.

Peter_Spaeth · #9 11-21-2015, 02:34 PM

Quote:

Originally Posted by egbeachley

Good point.

But I still think this rule applies to any mail transaction that does not contractually describe transfer occurs upon shipping to a common carrier or shipping is under the control of the buyer through dome manner.

And your basis for that opinion is what please? The basis for mine is the Uniform Commercial Code, section 2-509. Unless there is a specific provision requiring the seller to deliver at a particular location (a so-called "destination contract"), risk of loss passes to the buyer when the seller delivers to the common carrier.

itjclarke · #10 11-20-2015, 10:53 PM

That is a really really bad and really suspicious. Sorry to see that Luke.

I still generally like the USPS and always choose them over other couriers, but they have really tested my trust recently. Earlier in the year I really had it out with a PO employee over what he was trying to charge me to ship/insure some cards. Coincidentally, I also had a rash of broken SGC cases (maybe 3-4, posted pics here), and two lost packages (later found). Shortly after, I phoned in a few complaints, one against the employee himself. I also told my trusted courier Peter that I suspected this guy may be doing this intentionally. Peter said he didn't think there's anyway the office employee would do this, but oddly I have had no broken or missing mail since.

Good luck, I hope you at least get reimbursed.

Northviewcats · #11 11-21-2015, 09:04 AM

Sorry that this happened to you. I believe that you may be able to get up to $50 back because all first class packages come with insurance. I don't know how this works, but your postmaster should be able to help you with the process. Action may have to originate with the seller.

Best of luck.

Joe

ValKehl · #12 11-21-2015, 03:52 PM

Quote:

Originally Posted by Northviewcats

Sorry that this happened to you. I believe that you may be able to get up to $50 back because all first class packages come with insurance. I don't know how this works, but your postmaster should be able to help you with the process. Action may have to originate with the seller.

Best of luck.

Joe

Joe, I may be wrong, but it is my understanding that Priority Mail comes with $50 of free USPS insurance ($100 of free USPS insurance when through eBay), but not so First Class Mail.
Val

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