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Help with UPS and Paypal

I bought a pair of speaker from ebay about 1 year ago. One of my speaker was damaged due to shipping. UPS came out to my house, took punch of pictures, and did a complete report on it. They concluded that it was their fault and would reimburse the damage. However, they would only re-imburse it to the sender and not me?!!! I can not get a hold of sender and he would not make any effort to get the re-imbursment money back to me?...His name is John Miani from Miani Audioin Florida. They went out of bussiness and I am still a victim of this whole scenerio....In addition, with the service charge of 2.9% via paypal, they are not going to do anything to help me!!!...they said, once I recieved the product, that's it!!.

What can I do to get my money back from UPS?..or is there anything paypal can do?

thanks
Long
longho68
longho68 OP
69 posts
 
Thanks All!!!....I kind of got the feeling that I'm screwed, but thought that I might still have that small chance from someone that have a similiar experience.

Long
bigkidz
3,390 posts
 
See if you can find the guy by doing a people search or maybe yahoo searches. Send a certified letter with return receipt to see if he gets it. Then file a samll claims court for the amount do in your home state. If you get that far you may be able to collect even if the sale was final. Do you know if UPS paid him the money yet? If not write them a letter and file in small claims court.

Happy Writing.
sogood51
2,157 posts
 
A search of both (Miani Audio Video) and (Joseph Miani) turns up name/address/phone for each in Clearwater Florida. These are listed in public records...white pages-yellow pages. I would call him at home.

Dave
jbello
115 posts
 
Take UPS to your local small claims court,they have a variety of excuses for not paying claims.You do not need a lawyer and filling charges are minimal. Once they are served for court they in most cases pay up.
tedkurtz's avatar
tedkurtz
18 posts
 
In the future, consider being the "shipper" when you buy something since UPS only reimburses the shipper. This is all the more prudent if you, as the buyer, will be paying for the shipping in addition to the price of what you purchased.
Also, I believe that UPS takes back the package from the receiver and sends it back to the shipper. If they only took pictures, and didn't take the box back, then I'm not sure if they re-imbursed the shipper. And finally, who initiated the claim with UPS? I believe that the shipper has to initiate the claim. If this guy initiated the claim, and then disappeared, then he may well have been reimbursed and got paid twice- once from you and once from UPS. If that's what happened, he is a very bad man. Maybe we ought to gather some "audiogon posses" in each major city to act on behalf of audiogon members and visit with these guys to encourage them to do the right thing.
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