Seeking Advice - Audiogon Deal going South

lastig21

Platinum Member
Oct 23, 2000
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I am seeking advice on how to handle a situation that I probably should have walked away from at the very beginning. It is becoming frustrating for me and my wife (which increases my frustration level), so I feel I needed to seek 3rd party advice before continuing/instigating anything.

I decided to purchase some used speakers from Audiogon to get more for my money. It was my first time to use Audiogon, but I have done several trades on AT. The seller has 20 positive comments on Audiogon, and after email communication and an exchange of contact info, I paid for the speakers through paypal using a big name credit card (just in case) on December 19th. After a few emails that were not replied to until the 26th and a phone call that was never returned, the speakers finally shipped out on Dec 26th (my first clue since Thursday the 21st was the promised shipping date).

As stated in the title, the speakers did arrive damaged. The boxes (one especially) looked like they had been through a warzone. I personally feel that the boxes (each speaker arrived in its own box) were not adequate to have held floor standing speakers, and I do not know the condition of the packaging before shipping. The internal packaging was mostly destroyed upon arrival. The speakers were single boxed using relatively thin cardboard. It is clear that the boxes were mishandled during shipping.

Speaker A arrived with a large gouge in the back of the cabinet, and a broken binding post. I have attempted to connect the speaker and hold wire against the broken post, and very little sound (if any) comes from the tweeter. I'm not sure if the tweeter is broken or just has a poor connection.

Speaker B arrived with major cosmetic damage to the front of the cabinet. It was dropped onto the top of the cabinet (very apparent). All of the binding posts suffered some form of damage, but they are all still intact (even if falling out of the speaker). I have connected this speaker, and tweeter distortion is very apparent.

I informed the seller, and was instructed by him on Wed Jan 3rd to file an inurance claim through fedex. I proceeded, and am waiting on information from him and the speaker manf. for additional forms to file with fedex. Despite a couple of emails and a phone call which went to voicemail, I have received no other updates from the seller since Wed. morning.

So here is my dilemma, and I would appreciate any honest recommendations you may offer. Though its possible for the insurance claim to be easy and successful, I do have my doubts. I have heard the horror stories of the insurance claim process before. How long should I have to deal with the mess of insurance claims? How quickly should I expect the seller to respond to my requests during this process? Should I send the speakers back (at my expense) and demand/hope for a refund? Should I process a chargeback with the major credit card if the insurance claim gets refused?

Cliffs:
Bought speakers from Audiogon Dec 19th (paypal using major CC)
Speakers shipped inadequately packaged on Dec 26th
Both speakers arrived damaged and unusable at this point
Seller suggested insurance claim on Wed Jan 3rd, and has been started
No updates from seller since Wed Jan 3rd
Need suggestions
 

UncleWai

Diamond Member
Oct 23, 2001
5,701
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Shouldn't have signed for the package knowing it's badly damage. Why aren't you contacting fedex? You need to take some action seeing the other party is not very helpful. I would try to contact your CC and try to bounce the transaction too.
 

bctbct

Diamond Member
Dec 22, 2005
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You should have saved the packaging to file an insurance claim. Shipper will deny claim if shipping carton was inadaquate.
 

chrisms

Diamond Member
Mar 9, 2003
6,615
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How far are you from the seller? Waiting period is 7 days on handguns but you can saw off a shotgun and get it right away.
 

lastig21

Platinum Member
Oct 23, 2000
2,145
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The packages were just left on the front porch. I didn't have to sign anything.

I have already contacted fedex, and have a claim number. Before processing, they are requiring a copy of the original shipping receipt and a repair statement from the speaker manufacturer. I am waiting on both of these documents before I can go further with the claim. The speaker manf. is checking prices on individual parts. I haven't heard from the seller about the original shipping receipt.

The seller has been fairly nice, although incredibly slow at communicating. I'm not sure the CC chargeback is warranted at this time, but I am fielding opinions.
 

lastig21

Platinum Member
Oct 23, 2000
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Originally posted by: bctbct
You should have saved the packaging to file an insurance claim. Shipper will deny claim if shipping carton was inadaquate.


I still have the original packaging. I'm sure that will be fedex's first step in denying the claim. They won't schedule an inspection until all of the paperwork has been filed . . so I'm just waiting on that at this point.
 

lastig21

Platinum Member
Oct 23, 2000
2,145
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Originally posted by: chrisms
How far are you from the seller? Waiting period is 7 days on handguns but you can saw off a shotgun and get it right away.


I'm a good distance from the seller. I'm not to the point of rage yet, just frustrated in how long this process is taking. I also feel that I am running into a dead end with the insurance claim.
 

bctbct

Diamond Member
Dec 22, 2005
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I thought only the shipper could file a claim but I could be wrong.

I think you have only 30 days to file a claim with paypal so keep an eye on that date. If you lose with the shipping company I would file a claim with paypal and then if you lose with them, chargeback on your CC.

In theory if shipper did not use proper packaging its going to be his fault, probably why he is giving you the cold shoulder.
 

Mermaidman

Diamond Member
Sep 4, 2003
7,987
93
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Isn't it the shipper's responsibility to file an insurance claim? The seller refunds the money to the buyer, and THEN the seller files the insurance.
 

lastig21

Platinum Member
Oct 23, 2000
2,145
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From what I read off of fedex, the recipient or the shipper can file a claim. If the shipper doesn't request that I receive the refund, the refund will go to him.
 

lastig21

Platinum Member
Oct 23, 2000
2,145
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0
Originally posted by: bctbct
I thought only the shipper could file a claim but I could be wrong.

I think you have only 30 days to file a claim with paypal so keep an eye on that date. If you lose with the shipping company I would file a claim with paypal and then if you lose with them, chargeback on your CC.

In theory if shipper did not use proper packaging its going to be his fault, probably why he is giving you the cold shoulder.


This is probably the direction I take. I may skip the paypal process though. I can't find in writing that paypal will find anything wrong with the transaction. I received something, so deal complete to them.