YAET: Had wrong address on paypal account, but sent correction before item shipped

Mursilis

Diamond Member
Mar 11, 2001
7,756
11
81
I bought something earlier this month on ebay for ~$25, plus $9 to ship. I moved a while ago, and forgot to change my shipping address on paypal, so when I paid for the item, the e-mail from paypal listed my old address. I immediately e-mailed the seller directly, telling her to disregard the address listed on my paypal account, and asking her to ship to my new address. This all took place on 11/9.

I heard nothing from her, but several days later, got an e-mail saying my item had shipped on 11/12, to my old address. On 11/15, she responded to my 'correction' e-mail to her, saying she'd already shipped to my paypal address (the old and wrong address). The item was subsequently returned to her on 11/17 by the USPS. After that, she doesn't contact me at all about reshipping, so I send her another e-mail on 11/22 asking about my item. She doesn't respond, so I sent another e-mail today (11/26), saying I will seek a paypal charge-back and leave negative feedback if I don't get a response. She then responds today demanding I pay for shipping again, or she'll refund my money minus all fees. I feel she should pay to reship the item, because I immediately corrected my bad address on the paypal account, and she ignored the e-mail until after she shipped the item three days later. Thoughts? Who should pay for the re-shipping?
 

Mursilis

Diamond Member
Mar 11, 2001
7,756
11
81
Originally posted by: Viper GTS
Your fault, you cover it.

Viper GTS

True, it was my screw-up, but if I contacted the seller directly on the 9th, and she didn't ship until the 12th, how is she without fault for ignoring my e-mail, (which was timely)?
 

simms

Diamond Member
Sep 21, 2001
8,211
0
0
Originally posted by: Cattlegod
from your words: "I moved... and forgot to change my shipping address"

you pay.

It's not the seller's fault that you didn't update. Furthermore, it could be a security risk - maybe they only ship to verified addresses, in this case the ONE ON YOUR ACCOUNT.

You could've been a scammer for all he/she knew wanting it at a different address. It is not their fault.

Furthermore, you're arguing over $9 here. move on.
 

Pepsi90919

Lifer
Oct 9, 1999
25,162
1
81
Originally posted by: Mursilis
Originally posted by: Viper GTS
Your fault, you cover it.

Viper GTS

True, it was my screw-up, but if I contacted the seller directly on the 9th, and she didn't ship until the 12th, how is she without fault for ignoring my e-mail, (which was timely)?

end of thread.
 

KarenMarie

Elite Member
Sep 20, 2003
14,372
6
81
your fault, you pay.

edit:

most sellers will only ship to a confirmed address. the adress that was on your account the day you paid is all the seller need concern themselves with.
 

bsobel

Moderator Emeritus<br>Elite Member
Dec 9, 2001
13,346
0
0
If she would have shipped to the new address, you should be upset too. She should only be expected to ship to the confirmed address, you pay (sounds like her email timeless could be improved, however).
 

Mursilis

Diamond Member
Mar 11, 2001
7,756
11
81
Originally posted by: Pepsi90919
Originally posted by: Mursilis
Originally posted by: Viper GTS
Your fault, you cover it.

Viper GTS

True, it was my screw-up, but if I contacted the seller directly on the 9th, and she didn't ship until the 12th, how is she without fault for ignoring my e-mail, (which was timely)?

end of thread.

Yes, but the common law recognizes something called the "last clear chance" doctrine, in which the party with the last clear chance to avoid the damages is liable for failing to prevent the loss. Say, if I loaned you my car, knowing the brakes were bad, but not saying anything, I would be at fault if you then crashed the car due to the bad brakes. However, if later I told you about the brakes before you had driven it, if you then drove it, I wouldn't be liable because you were the party with the last clear chance of preventing your own injuries.
 

KarenMarie

Elite Member
Sep 20, 2003
14,372
6
81
Originally posted by: Mursilis


Yes, but the common law recognizes something called the "last clear chance" doctrine, in which the party with the last clear chance to avoid the damages is liable for failing to prevent the loss. Say, if I loaned you my car, knowing the brakes were bad, but not saying anything, I would be at fault if you then crashed the car due to the bad brakes. However, if later I told you about the brakes before you had driven it, if you then drove it, I wouldn't be liable because you were the party with the last clear chance of preventing your own injuries.

please... please, stop trying to shirk responsibility. i dont wanna sound mean, but my guess is that if you continue with this kind of logic, most of the members here are gonna hammer you.

it was your fault, just own it.
:)
 

Pepsi90919

Lifer
Oct 9, 1999
25,162
1
81
Originally posted by: Mursilis
Originally posted by: Pepsi90919
Originally posted by: Mursilis
Originally posted by: Viper GTS
Your fault, you cover it.

Viper GTS

True, it was my screw-up, but if I contacted the seller directly on the 9th, and she didn't ship until the 12th, how is she without fault for ignoring my e-mail, (which was timely)?

end of thread.

Yes, but the common law recognizes something called the "last clear chance" doctrine, in which the party with the last clear chance to avoid the damages is liable for failing to prevent the loss. Say, if I loaned you my car, knowing the brakes were bad, but not saying anything, I would be at fault if you then crashed the car due to the bad brakes. However, if later I told you about the brakes before you had driven it, if you then drove it, I wouldn't be liable because you were the party with the last clear chance of preventing your own injuries.

there's no law stating she has to check her email before she ships things out.
 

Lonyo

Lifer
Aug 10, 2002
21,938
6
81
Originally posted by: Mursilis
Originally posted by: Pepsi90919
Originally posted by: Mursilis
Originally posted by: Viper GTS
Your fault, you cover it.

Viper GTS

True, it was my screw-up, but if I contacted the seller directly on the 9th, and she didn't ship until the 12th, how is she without fault for ignoring my e-mail, (which was timely)?

end of thread.

Yes, but the common law recognizes something called the "last clear chance" doctrine, in which the party with the last clear chance to avoid the damages is liable for failing to prevent the loss. Say, if I loaned you my car, knowing the brakes were bad, but not saying anything, I would be at fault if you then crashed the car due to the bad brakes. However, if later I told you about the brakes before you had driven it, if you then drove it, I wouldn't be liable because you were the party with the last clear chance of preventing your own injuries.

You sent her an email, that does not mean she READ the email.
 

Mursilis

Diamond Member
Mar 11, 2001
7,756
11
81
Originally posted by: bsobel
If she would have shipped to the new address, you should be upset too. She should only be expected to ship to the confirmed address, you pay (sounds like her email timeless could be improved, however).

Finally, a little sympathy. ;)
While I understand about the confirmed address stuff, I contacted her literally within 5 minutes of paying via paypal, so I acted as fast as I could to get her the right address (not that it did any good). Plus, the e-mail was from the same account from which I sent the paypal money (and the same e-mail associated with my ebay account), so she should have seen it wasn't some third party scammer. At least she could've contacted me to verify what my current address was. As it was, she's never initiated any e-mail to me, and never contacted me when she got the item back on the 17th. I had to write her several days later, and she didn't respond again for 4 days. Plus, now she wants 3x the actual shipping to send the item again. I just don't see that I'm solely at fault here.
 

Mursilis

Diamond Member
Mar 11, 2001
7,756
11
81
Originally posted by: KarenMarie
Originally posted by: Mursilis


Yes, but the common law recognizes something called the "last clear chance" doctrine, in which the party with the last clear chance to avoid the damages is liable for failing to prevent the loss. Say, if I loaned you my car, knowing the brakes were bad, but not saying anything, I would be at fault if you then crashed the car due to the bad brakes. However, if later I told you about the brakes before you had driven it, if you then drove it, I wouldn't be liable because you were the party with the last clear chance of preventing your own injuries.

please... please, stop trying to shirk responsibility. i dont wanna sound mean, but my guess is that if you continue with this kind of logic, most of the members here are gonna hammer you.

it was your fault, just own it.
:)

OK, if I had a responsibility to have the correct address on my ebay and paypal accounts (which I did), how does the seller not have a responsibility to read her e-mail at least every three days?
 

KK

Lifer
Jan 2, 2001
15,903
4
81
try and split the costs. that's the best you can hope for. She should have read the emails, and you should have changed the email.
 

Pepsi90919

Lifer
Oct 9, 1999
25,162
1
81
Originally posted by: Mursilis
Originally posted by: KarenMarie
Originally posted by: Mursilis


Yes, but the common law recognizes something called the "last clear chance" doctrine, in which the party with the last clear chance to avoid the damages is liable for failing to prevent the loss. Say, if I loaned you my car, knowing the brakes were bad, but not saying anything, I would be at fault if you then crashed the car due to the bad brakes. However, if later I told you about the brakes before you had driven it, if you then drove it, I wouldn't be liable because you were the party with the last clear chance of preventing your own injuries.

please... please, stop trying to shirk responsibility. i dont wanna sound mean, but my guess is that if you continue with this kind of logic, most of the members here are gonna hammer you.

it was your fault, just own it.
:)

OK, if I had a responsibility to have the correct address on my ebay and paypal accounts (which I did), how does the seller not have a responsibility to read her e-mail at least every three days?

because she is not required by law to do so.
 

Mursilis

Diamond Member
Mar 11, 2001
7,756
11
81
Originally posted by: Pepsi90919
Originally posted by: Mursilis
Originally posted by: KarenMarie
Originally posted by: Mursilis


Yes, but the common law recognizes something called the "last clear chance" doctrine, in which the party with the last clear chance to avoid the damages is liable for failing to prevent the loss. Say, if I loaned you my car, knowing the brakes were bad, but not saying anything, I would be at fault if you then crashed the car due to the bad brakes. However, if later I told you about the brakes before you had driven it, if you then drove it, I wouldn't be liable because you were the party with the last clear chance of preventing your own injuries.

please... please, stop trying to shirk responsibility. i dont wanna sound mean, but my guess is that if you continue with this kind of logic, most of the members here are gonna hammer you.

it was your fault, just own it.
:)

OK, if I had a responsibility to have the correct address on my ebay and paypal accounts (which I did), how does the seller not have a responsibility to read her e-mail at least every three days?

because she is not required by law to do so.

See the Uniform Electronic Transactions Act (adopted by the jurisdiction in question) - I think she is.
 

UncleWai

Diamond Member
Oct 23, 2001
5,701
68
91
Jesus Christ, pay the $9, 9 less double chesseburgers isn't going to kill you. Don't try to find excuses and make it like it's her fault.
It's a mistake that started in your part, suck it up already. The confirmed address is there for a reason.
 

BigJ

Lifer
Nov 18, 2001
21,330
1
81
I was thinking of maybe having some sympathy. But after quoting all these laws like you're some attorney or something, I hope you get screwed.
 

Mursilis

Diamond Member
Mar 11, 2001
7,756
11
81
Originally posted by: BigJ
I was thinking of maybe having some sympathy. But after quoting all these laws like you're some attorney or something, I hope you get screwed.

Actually, I've had a law license since '97, but thanks for the love. Anyway, although I always figured a court would back me; I was just curious about other people's opinions. And I don't think it's a huge stretch that if you're going to run an ebay business, you read your e-mail once in a while, and don't wait a week to respond.