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Old 03-30-06, 12:35 PM
  #19  
NW NJ Biker
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Join Date: Jun 2003
Location: Sussex County NJ
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Originally Posted by phoebeisis
I just talked to the seller.This is his story.
1)After 4 months UPS finally paid the claim.He didn't volunteer what he told UPS his losses were.
He also didn't volunteer what UPS paid him.I point blank asked,"how much did they pay you?"His reply,"about $500."
He says that UPS wants the bike or the salvage value of it back-$119.He wants me to pay him the $105 ,so he can pay UPS $119- apparently he plans to pay $14 of the $119.This way-he explained"you can keep the bike,and UPS will quit bugging you.".
I reminded him that the bike is mine-.
Ignoring shipping He has been paid $600+$500=$1150 he has put out $255+$105+$=$360
He has $790 in his pocket now for a bike he was supposed to be paid $600 for.If he pays UPS the $119 he will still have $671 in his pocket for a $600 bike. You might have noticed the $255 isn't the $200 I originally remembered him paying me-I checked paypal-he paid me $255 net $247.
I was happy with the original deal-$255.I don't think this guy is a thief;he probably just made a claim for the frame-a new frame would have cost close to $800-UPS discounted it to $500,and he figured assumed it would end there.He probably willfully ignored the statement that UPS would have sent him when he signed off on the claim-it probably said"the broken frame is ours".
My inclination is to tell him"pay UPS,if they don't bug me for 2 months or so,I'll send you the $105."
I'm really tempted to give UPS a call to find out exactly what they paid him,and exactly what they want from him.This might be a mistake,but curiosity might get the best of me.Thanks for the ideas.Charlie
UPS is entitled to have the bike if they paid the seller for the full value of the bike. It appears that the seller filled a claim for the full value of the bike (perhaps it was only insured for $500). He should have filed a claim for the loss of value or repair cost, which in this case would have been the $360 he paid you. When this type of claim is paid, the item does not have to be returned.

It seems that the seller is being greedy. He sold the bike to you for $600, the loss of value to you agreed to was $360. He should have received only the $360 from UPS that he is out. To file a claim for more than that sounds like insurance fraud to me.

The seller needs to return the $140 to UPS. When this is done, UPS will leave both of you alone. I wouldn't worry about returning the $105, if you do he will still receive more than he originally bargained for - which still sounds like insurance fraud.
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