I got screwed buy a 123 guy on ebay.
 

I was just wondering if anyone knows this guy,"AGUSTIN TORRES". I purchased a front headliner for a 300d out of auction from this guy and it came damaged. I sent it back through UPS because they damaged it. I called UPS a couple weeks later asking about the claim and they wouldn't give me any information. The only thing they did tell me was if the money was refunded it was up to the seller to refund me. What kind of bull is that. It took me a couple tries to contact the sell through email and he finally responded. He told me he was going to UPS to see what the deal was and if they didn't refund him the money he would refund me the money out of his pocket. Well, that was the last thing he said to me and it's been well over a month and I've tried emailing him many times but know response. Unfortunately all I have is is email address. Here it is if it looks familiar to anyone. I have x out the last part of it. TINOTORR@xxx.xxx
Thanks
Jon

If you bought it off ebay and paid using paypal file a dispute with them immediately...if you sent him money by other means you may be out of luck.

You took a long time to get things moving. Don't wait long for him to get back to you or your window may close.

http://feedback.ebay.com/ws/eBayISAPI.dll?InrCreateDispute

You can also use Ebay's dispute form but it won't have the leverage that paypal does to get your money back. I believe the time on both of them starts with the end-date of the auction and expires 60 days after that, so your window may be closed already if it has been more than 60 days.

I filed with paypal right after it happened. They dropped the case because they said they are not liable for shipping damages. I would file an Ebay dispute but I cant find his Ebay name.

Typical Paypal B.S. If you paid by credit card (which I always recommend) then contact your CC company immediately and dispute the charge. Then Paypal will pay attention to you.

Sorry to hear about your ebay problems. I have had to file with Paypal on two bad auctions deals in the past and they were no help at all!!!!! I have also found that no one that I know of has ever been able to collect on a shippping damage claim from UPS, they suck!!!!!
With that said, try looking up some MB parts on ebay and you might get lucky and find him that way.

If you use the advanced search feature, there is an area called member information. You will need to put in the sellers user name and auction number. Customer service will send an email with the sellers name phone number etc....
If you can't find the aforementioned feature use the 24/7 live chat customer sevice feature and they will direct you further.

UPS considers the shipper to be the "customer," not the package recipient. The recipient is not a party to the contractual relationship. Plus, simply returning the item probably made it impossible for the shipper to make a claim against UPS.

When you say your purchase was "out of auction," do you mean you did not actually buy the item through ebay? If that's the case, you have no remedy through ebay.

As to UPS, tangofox007 is correct; carriers like UPS and FedEx have a contractual relationship with the sender, not the recipient, and will generally pay only the sender for a transit damage claim unless the sender provides written direction to make payment directly to the recipient.

Hopefully you made your PayPal payment with a credit card, rather than a direct debit to your bank account (or an existing PayPal balance). If so, and you're within 60 days of the date of the monthly statement on which the charge appears, dispute the charge with your credit card company. You'll need to show them what efforts you've made to resolve the dispute directly with the seller.