Item was Signed for, but I Didn't Receive It!

[trishkins]

So I ordered a phone from Swappa, which uses PayPal for all transactions. My purchase was insured and it included a signature confirmation.

My package was delivered and signed for , but not by me! I do not have it. I called USPS and they initiated an investigation and gave me a case number, because the USPS agent I spoke with looked at the signature and the name given, and said the signature wasn't legible, and instead of giving a name, the person just gave initials. The agent was flabergasted, and said that the signature given should not have been accepted, and he immediately opened up a case on my behalf.

I'm not holding out much hope that USPS turns up anything, so I'll be out the money I paid for my phone.

Will I have a case with PayPal if USPS turns up a dead end?

[kernowlass · Accepted solution]

@trishkins

Well to be honest if they accepted a poor signature then the onus is on them to refund you.

But as the item was delivered and signed for any paypal claim would fail.

Your only other option is that if you funded your paypal payment via a card then contact your card issuer and see if they will do a chargeback for you if USPS does not refund you.

[trishkins]

I paid via my bank account, so would an ACH reversal suffice?

[DPCreations]

How do you actually pay from your bank account?  Does your bank offer a plan to use for purchase?

[trishkins]

Bank account's linked to PayPal. It does an instant transfer. 

[DPCreations]

That was a PayPal purchase, not a bank account purchase.

Al you could do with your bank is claim an unauthorized purchase, but since you did authorize it you would be jeorpardizing your bank account and your PayPal acocunt with a fraudulent claim.

[trishkins]

I spoke with my bank. They said that unless PayPal can prove that I was the one that signed for the package, the charges would most likely get reversed.

This is really the worst case scenario, though, and I doubt it goes that far. I'm fairly certain USPS will either locate my package or reimburse me as an improper signature was accepted when it should not have been.

This is not something I want to do to the seller, as it's really not their fault USPS allowed some random person to sign for/accept my package, and they'd be out the money I paid for this transaction, plus the merchandise. 

Right now I'm just trying to see what all my options are, but I don't want to **bleep** anyone over in the process.

[DPCreations]

@trishkins

Not saying what you should do, but when I purchase something I consider I am purchasing from a business and I trreat it the same as I would form any business.  I don't think of the seller as a person, but rather a business.  Even individual seller businesses should treat each sale as a business arragnement and treat a customer as is appropriate for their business.

A business has a certain responsiblity to get the item to the buyer, or buyer's address, in a reasonable time.   The business also has a responsiblity to select the appropriate shipping method to provide the service.  The business implicitly accepts the risk of loss if unable to prove proper delivery to the address, or person.

As a business, I would pay for signature required by ADDRESSEE if it were a high value item and I didn't want to risk the loss of miss-delivery.  Incorrectly delivery doesn't happen often, so I would accept the risk of loss for lower value items.

The seller business accepted a certain level of risk by not requiring signature by addressee.  If there is recovery option from the USPS, it should b the seller who goes for the recovery.

PayPal, however, my decide in favor of seller since there was a signature.

The seller is a business; it you make a claim it is against the business, not against the person.

[kernowlass]

@trishkins

If it was a debit card then you may be in luck.

[trishkins]

I have spoken to several USPS agents. Long story short, the carrier goofed and accepted a bogus center. I had several agents tell me that if the package wasn't located, I have more than enough proof to successfully file a claim(bogus signature accepted, there was a part where the recipient's address should have been put in, but it was just a squiggly line). 

Luckily I had it delivered to a campus mailing center, and it was delivered there today, although the seller/shipper paid for 2-day priority shipping plus they insured it for over $500. I'm still irritated that it took 5 days for me to receive a package that should have arrived in 2 days, but I know most of these stories don't end as quickly as mine did, so I won't complain too much.

Thanks for all your help!