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USPS package from eBay likely stolen. Next steps?
Posted by: BobC
Date: July 28, 2016 10:21PM
I bought a used iPhone from a well-reviewed eBay seller, paying by credit card. They shipped quickly by USPS Priority Mail, and charged the card. USPS tracking says they delivered it "in/at mailbox" yesterday at 11:30 am. I got to our house about 3:30 pm, but there was no package - in fact, no mail at all. Checked all around the porch with no luck.

I talked to our long-time occasional house cleaner who came in at 12:30 pm, and who always brings in a package if there's one left at the door, and she said there wasn't anything when she arrived. (We've known her 15+ years and she's taken care of lots of items left, so we don't imagine she'd have stolen it.)

I went to the P.O. and asked them to check from their end. Supervisor said that she asked the carrier, who recalled leaving the package. So my guess is that someone swiped it between 11:30 & 12:30. We haven't had any mail stolen before, but our neighborhood's had an increasing number of car break-ins.

I contacted the seller to let them know the situation. They referred me to an eBay number for reporting a lost package. The eBay rep opened a case, which goes to the seller for resolution, and if it's not resolved in a week, then escalates back to eBay.

I'm wondering what my best strategy is. I don't want to pay for the item I didn't get. However, it doesn't seem like I can say the seller or USPS is at fault since the package got through both of them correctly. I don't want to file a homeowner's insurance claim, since the phone price is less than our deductible. I'm inclined to report it to the police, though.

Does this seem like a situation where a credit card company or eBay would refund me the purchase price? They're not going to want to be out the $290, though, so it seems like they'd then want to get that from the seller, which might not be fair.

I'd be glad for any ideas from someone who's dealt with this kind of thing. Thanks.



Edited 1 time(s). Last edit at 07/28/2016 10:21PM by BobC.
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Re: USPS package from eBay likely stolen. Next steps?
Posted by: pRICE cUBE
Date: July 28, 2016 10:56PM
Isn't it the responsibility of the seller to have it delivered only of there is someone to sign for it? I require all my items over $10 to be signed for when I am selling on ebay. I am surprised someone would send an expensive item like that without a signature required. Better contact ebay.



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Re: USPS package from eBay likely stolen. Next steps?
Posted by: Janit
Date: July 28, 2016 10:58PM
Quote
BobC
I bought a used iPhone from a well-reviewed eBay seller, paying by credit card. They shipped quickly by USPS Priority Mail, and charged the card. USPS tracking says they delivered it "in/at mailbox" yesterday at 11:30 am. I got to our house about 3:30 pm, but there was no package - in fact, no mail at all. Checked all around the porch with no luck.

I talked to our long-time occasional house cleaner who came in at 12:30 pm, and who always brings in a package if there's one left at the door, and she said there wasn't anything when she arrived. (We've known her 15+ years and she's taken care of lots of items left, so we don't imagine she'd have stolen it.)

I went to the P.O. and asked them to check from their end. Supervisor said that she asked the carrier, who recalled leaving the package. So my guess is that someone swiped it between 11:30 & 12:30. We haven't had any mail stolen before, but our neighborhood's had an increasing number of car break-ins.

I contacted the seller to let them know the situation. They referred me to an eBay number for reporting a lost package. The eBay rep opened a case, which goes to the seller for resolution, and if it's not resolved in a week, then escalates back to eBay.

I'm wondering what my best strategy is. I don't want to pay for the item I didn't get. However, it doesn't seem like I can say the seller or USPS is at fault since the package got through both of them correctly. I don't want to file a homeowner's insurance claim, since the phone price is less than our deductible. I'm inclined to report it to the police, though.

Does this seem like a situation where a credit card company or eBay would refund me the purchase price? They're not going to want to be out the $290, though, so it seems like they'd then want to get that from the seller, which might not be fair.

I'd be glad for any ideas from someone who's dealt with this kind of thing. Thanks.

I believe that seller protection requires that items over $250 in value be sent with signature required. If so, then the seller may have been at fault for failing to include signature required. You might have had to pick it up at the post office, but at least you would have received it.

Check on whether this is an eBay requirement or a PayPal requirement, as you have a choice of which company to file your claim with, and claiming with one may preclude claiming with the other.
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Re: USPS package from eBay likely stolen. Next steps?
Posted by: Gareth
Date: July 28, 2016 11:17PM
Quote
Janit
I believe that seller protection requires that items over $250 in value be sent with signature required.

This was raised to $750 a while ago. Based on this thread [community.ebay.com] it sounds like you're SOL. Sorry.
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Re: USPS package from eBay likely stolen. Next steps?
Posted by: Grateful11
Date: July 28, 2016 11:52PM
Quote
pRICE cUBE
Isn't it the responsibility of the seller to have it delivered only of there is someone to sign for it? I require all my items over $10 to be signed for when I am selling on ebay. I am surprised someone would send an expensive item like that without a signature required. Better contact ebay.

Over $10. and require signature delivery? Signature delivery cost about $2.50. My wife never requires it
unless something is pushing $200+. She's had too many upset customers because they have to be there
to sign or have to go the PO and pick it up. Anything over $100 gets insured. Priority has insurance up to
$100. included in the cost. She normally ships 4-5 days a week.



Grateful11
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Re: USPS package from eBay likely stolen. Next steps?
Posted by: Racer X
Date: July 29, 2016 12:37AM
Was PayPal paid with a credit/debit card? If so, go through them. PayPal HATES it when the CC company yanks the money back.
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Re: USPS package from eBay likely stolen. Next steps?
Posted by: pRICE cUBE
Date: July 29, 2016 01:27AM
Quote
Grateful11
Quote
pRICE cUBE
Isn't it the responsibility of the seller to have it delivered only of there is someone to sign for it? I require all my items over $10 to be signed for when I am selling on ebay. I am surprised someone would send an expensive item like that without a signature required. Better contact ebay.

Over $10. and require signature delivery? Signature delivery cost about $2.50. My wife never requires it
unless something is pushing $200+. She's had too many upset customers because they have to be there
to sign or have to go the PO and pick it up. Anything over $100 gets insured. Priority has insurance up to
$100. included in the cost. She normally ships 4-5 days a week.

It is overkill but I do it for my own peace of mind.



Ways to improve web conference image and sound quality. [forums.macresource.com]


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Re: USPS package from eBay likely stolen. Next steps?
Posted by: space-time
Date: July 29, 2016 01:33AM
last weekend I found a package from amazon beyond my townhouse. Looking closely at the label, I found out that it belonged to the neighbor across the street, and someone tried to open it but gave up. it was almost open, just a little bit of adhesive tape left to keep it closed. My guess is someone tried to open it and got scared and gave up and abandoned the package. I took a few pictures, then went to the neighbor to hand it over to them. no one was home. Wrote a note that I left under the package. Someone must have picked it up (or stolen it again?) the next day. I tried to ring the bell to talk to them a few times, no one is home. The house appears to be empty. It's been on and off the market a few times.

USPS tracking said the package was delivered on Friday, I found it on Saturday. The owner/tenant at that house found it on Sunday.
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Re: USPS package from eBay likely stolen. Next steps?
Posted by: Carm
Date: July 29, 2016 03:38AM
I had a similar experience with hastings and some movies. Tracking said delivered. Contacted postal service they said "if the package said delivered" in the tracking system, it was delivered. The response was from a local post master. This was after I had complained about receiving my neighbors mail many times. Local delivery driver must have been a little dyslexic. My address and my neighbor 47120 and 47210 would get packages mixed many times. We both complained and the problem persisted. I even had my last name on the wall so the delivery guy would notice. No recourse from postal service without insurance. Ebay/Paypal will probably give you the same response. Tracking system says delivered, so it was delivered and you have "no proof" that it wasn't.
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Re: USPS package from eBay likely stolen. Next steps?
Posted by: fmgtech
Date: July 29, 2016 05:36AM
Youcan be sure of one thing. USPS will be of ZERO help.
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Re: USPS package from eBay likely stolen. Next steps?
Posted by: bazookaman
Date: July 29, 2016 07:00AM
Did you check with your neighbors?



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Re: USPS package from eBay likely stolen. Next steps?
Posted by: FormerlySaleenl
Date: July 29, 2016 07:33AM
Had that happen once. I'd made the purchase with Amex so called them and they refunded my money under a purchase protection program. They didn't do a chargeback. Does your card offer something similar?
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Re: USPS package from eBay likely stolen. Next steps?
Posted by: modelamac
Date: July 29, 2016 08:10AM
BobC,

If the seller has the serial # of the phone, you could report it to the police as stolen and to the various phone companies. They can in turn notify the police when the phone is activated. That is probably your only recourse.



Ed (modelamac)

Trying to figure out some people is like trying to smell the number 9.
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Re: USPS package from eBay likely stolen. Next steps?
Posted by: Speedy
Date: July 29, 2016 10:06AM
Put in a claim with the USPS. Stealing mail is a federal offense.



Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.
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Re: USPS package from eBay likely stolen. Next steps?
Posted by: Michael
Date: July 29, 2016 01:10PM
This won't help with the current situation but maybe for the future...

I put in one of these because we had some apparent thefts from mailboxes in the neighborhood: [www.architecturalmailboxes.com] It takes moderate sized packages.
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Re: USPS package from eBay likely stolen. Next steps?
Posted by: Racer X
Date: July 30, 2016 11:54PM
Quote
Speedy
Put in a claim with the USPS. Stealing mail is a federal offense.

I can assure you, that in Seattle, they couldn't care less.
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Re: USPS package from eBay likely stolen. Next steps?
Posted by: space-time
Date: July 31, 2016 10:00AM
Quote
Speedy
Put in a claim with the USPS. Stealing mail is a federal offense.

does it make a difference if the mail was already delivered? is that still "mail'? or it is now properly, just like any other object in your house?

what if I get 2 identical packages, both containing a watch. I open one and take watch out, the other it still in the unopened box. Thief A steals the watch, Thief B steals the unopened package. Both from my front porch, at the same time. Is A committing a state offense, and B a federal offense? just trying to clarify when an object ceases being mail and becomes property.

Thanks
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Re: USPS package from eBay likely stolen. Next steps?
Posted by: JoeH
Date: July 31, 2016 11:54AM
Quote
space-time
Quote
Speedy
Put in a claim with the USPS. Stealing mail is a federal offense.

does it make a difference if the mail was already delivered? is that still "mail'? or it is now properly, just like any other object in your house?

what if I get 2 identical packages, both containing a watch. I open one and take watch out, the other it still in the unopened box. Thief A steals the watch, Thief B steals the unopened package. Both from my front porch, at the same time. Is A committing a state offense, and B a federal offense? just trying to clarify when an object ceases being mail and becomes property.

Thanks

Theft of mail from a mailbox definitely is still covered under the Federal code. They may have extended the law at some point, but at one time theft of a package just left by the carrier on a porch, inside a door, or other place outside the mailbox was in a gray area legally. Essentially until collected from the box by the intended recipient or a person designated by the recipient, removal of mail from a mailbox is theft under Federal statutes.

So in your example the first theft would be investigated as theft under state law, you would have taken possession by opening the package. The second case is a bit trickier. If you were present at the time the unopened package was stolen, an argument could be made that you were in possession of the package and that also would be a state law case. But if you were not there, and the package was taken, that could possibly be investigated and prosecuted under the Federal statutes.
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