Legal action vs ups

[boxingday]

They have lost or stolen 2 of my packages.

1)Nokia n800.
2)22 Inch monitor.

I am truley thinking of taking them to court.

[Kasakato]

Have you tried insurance? :lol:

UPS is not responsible for lost/damaged packages if you did not insure them, theres nothing you can do in a civil case. If they refused to payout on insurance you may have a case.

[boxingday]

Have you tried insurance? :lol:

UPS is not responsible for lost/damaged packages if you did not insure them, theres nothing you can do in a civil case. If they refused to payout on insurance you may have a case.

The issue is they claim to have delivered them.But no one has seen the ups truck around the time they said they did.

[whampoa]

In that case, can you track it online and see who receive and sign it. They should show the receiver's name and signature.

If both of those are not shown, call them up and open a case and let them do the leg work of tracking it.

[boxingday]

In that case, can you track it online and see who receive and sign it. They should show the receiver's name and signature.

If both of those are not shown, call them up and open a case and let them do the leg work of tracking it.

They said they dropped them off just at the front door.Nice -20 tons of snow and they leave them there.

[Montague]

They said they dropped them off just at the front door.
That sure sounds like typical behaviour from UPS (they are "famous" for doing stuff like that).

[jeeva86]

A signature is not required for items such as those?

[whampoa]

Did you specify signature required or pick up at depot when you send the package out?

I haven't sent anything through UPS for a long, long time. So I don't know what the fine print say.

In regard to any recourse, unless you have insurance, I guess small claim court is your only recourse.

[deep]

Unfortunately, it's the retailer who will probably end up suffering. You can file a chargeback on your credit card for non-delivery of goods, and unless they can prove that it was delivered (signature), your CC company should proceed.

[boxingday]

Did you specify signature required or pick up at depot when you send the package out?

I haven't sent anything through UPS for a long, long time. So I don't know what the fine print say.

In regard to any recourse, unless you have insurance, I guess small claim court is your only recourse.

The nokia n800 was orderd from tigerdirect.
Monitor from dell.ca.

[GangStarr]

Unfortunately, it's the retailer who will probably end up suffering. You can file a chargeback on your credit card for non-delivery of goods, and unless they can prove that it was delivered (signature), your CC company should proceed.

+1

If it wasn't paid for by credit card, you need to either go through UPS insurance or if you paid with paypal, perhaps a paypal dispute.

Good luck OP, and if anyone is going to sue UPS for anything, how about their incredibly high and unreasonable brokerage rates.

[boxingday]

I hope they would not be that stupid to leave them in the snow.

[Raggie]

My work uses UPS all the time. From my experience, I've had packages returned back because the receivor wasn't home. And the only time they will leave it without a signature is when we indicate on the waybill that signature is not required. So I think you have a case.

[Ziggy007]

One time I had ordered two external HDDs from Staples and UPS was delivering.

The tracking order said it was due on a day when I was home all day but nobody ever came. I was a bit confused when it said they had been delivered online later on (this was later at night after the customer service was closed I believe). Next morning I call them up asking what the hell was going on, they get a hold of the driver who was out on his route and he calls my house. He delivered them but assumed nobody was home so he left them in a box buried in the snow behind this huge flowerpot on the far end of my front porch. I went out and got them and luckily they were find after spending the night outside in the winter.

[HBP]

One time I had ordered two external HDDs from Staples and UPS was delivering.

The tracking order said it was due on a day when I was home all day but nobody ever came. I was a bit confused when it said they had been delivered online later on (this was later at night after the customer service was closed I believe). Next morning I call them up asking what the hell was going on, they get a hold of the driver who was out on his route and he calls my house. He delivered them but assumed nobody was home so he left them in a box buried in the snow behind this huge flowerpot on the far end of my front porch. I went out and got them and luckily they were find after spending the night outside in the winter.

I wouldn't have accepted it. I ordered a 22" monitor from Staples, this guy decided to put the item openly visible on my porch chairs. I have 2 schools of children passing my house before I get home (trust me... gr 8'ers aren't so innocent anymore). Plenty of people walk around my neighbourhood, and I've had stuff stolen from my driveway before. Next time this happens, even if I receive it, I'm going to claim it stolen.

They won't change their policy until they start losing money for doing it. Right now they're saving money by not making the return trips, at the cost of the consumer's products. They need to start taking a hit for their improper practices.

[whampoa]

The nokia n800 was orderd from tigerdirect.
Monitor from dell.ca.

Let me get this straight, you're the receiver of this shipments and not the sender.

So what's the problem, if you claimed you never receive it than just complained to the shipper/vendor.

If they insist you've receive it, ask them for proof of signature, regardless of UPS claim of delivery.

Last time I checked the receiver still have to sign that little brown touch screen pad, unless the driver is psychic, he wouldn't be able to forge your signature.

Now as other have mentioned, if you paid through CC there's always charge back.

Those vendors are pretty big companies I doubt you'll have trouble convincing them of your problem, but don't drag it too long, do it as soon as possible.


BTW, in this case, you can't sue UPS since you're not the sender. You have to go after Dell and TigerDirect, good luck, you need it.

[najibs]

UPS 'lost' a $500 pair of Klipsch speakers I ordered from Costco.ca, about a year ago. Last trace of it was when ti said "Out for delivery" on the website, and it stayed like that for 2 days. UPS had no knowledge of what happened to them. They must have magically disappeared. Worst of all, it took a month and a half to get my money back. I know it wasn't Costco's fault, because they were simply waiting for UPS to hand them the insurance and complete their so called 'investigation.'

[bubble.tea]

UPS and FEDEX require signature for EVERYTHING.


My personal favourite was pulling up the visual signature image when a pkg was left at the door...and reading 'FedEx' scribbled in :lol:....Classy.

[aimfox]

The issue is they claim to have delivered them.But no one has seen the ups truck around the time they said they did.

You can't sue them, there's no proofs that you can take legal actions. If you got proofs then you may take legal actions with them.

[laptop-tech]

I wouldn't have accepted it. I ordered a 22" monitor from Staples, this guy decided to put the item openly visible on my porch chairs. I have 2 schools of children passing my house before I get home (trust me... gr 8'ers aren't so innocent anymore). Plenty of people walk around my neighbourhood, and I've had stuff stolen from my driveway before. Next time this happens, even if I receive it, I'm going to claim it stolen.
They won't change their policy until they start losing money for doing it. Right now they're saving money by not making the return trips, at the cost of the consumer's products. They need to start taking a hit for their improper practices.

Very kind of you to be willing to help them improve their service by fraudulently claiming goods you actually received.

[najibs]

You can't sue them, there's no proofs that you can take legal actions. If you got proofs then you may take legal actions with them.

What proof do you need that you did not receive the item you ordered?

[Engi-Nir]

so far my experience with purolator/ups has been good, in a sense that if I am not home, they take it back...the have to get permission(signature) to allow them to leave the product at the door without your signature...I agree with the earlier person, if they are stupid to leave an item at my door without my signature, I didn't receive it lol....i hope they are not stupid to do such things....

[gilboman]

+1

If it wasn't paid for by credit card, you need to either go through UPS insurance or if you paid with paypal, perhaps a paypal dispute.

Good luck OP, and if anyone is going to sue UPS for anything, how about their incredibly high and unreasonable brokerage rates.

their brokerage fees arent that unreasonable at all, only for low ticket items i guess.. e.g. a $1000 item will only cost 55bux in brokerage

[Phreeze]

Very kind of you to be willing to help them improve their service by fraudulently claiming goods you actually received.


TBH, it is probably the only method that will work.
However, it won't be the shipping company improving their service, but the shipper/retailer who will be forced to select a more expensive delivery signature option. They will then pass along the extra expense to the buyer.

e.g.
http://www.fedex.com/us/update1.html

FedEx is changing the signature policy for FedEx Express® shipments to residences.

* Beginning in fall 2005, FedEx will no longer require a signature for express shipments delivered to residences. This change will make our FedEx Express residential delivery policy consistent with our policy for FedEx Ground® and FedEx Home Delivery® shipments. If a signature is needed for a residential shipment, shippers must choose one of the new FedEx Delivery Signature Options.


Note: the above example applies to the US. I'm not sure if/how it applies to Canada.

[HBP]

Very kind of you to be willing to help them improve their service by fraudulently claiming goods you actually received.

I'm Robin Hood.

[Coolisme]

Don't these incidents also occur due to the driver?

We have the same old kind elderly man from purolator who delivers in our area and I'm always greeted with a good morning, afternoon. Even if I'm not home, he takes it back to the depot.

So I think a large part of these incidents occur because that driver is just too lazy to drive all the way back to the depot and just leave the packages in plain sight.

[boxingday]

I got a call today from a very nice women.She said ups left a package on her door step last friday.

[Kasakato]

You can't sue them, there's no proofs that you can take legal actions. If you got proofs then you may take legal actions with them.
The OP would have to prove that UPS neglected to compete due diligence by not obtaining a signature upon delivery, thus "loosing" the shipment. If the OP can show he did nothing to interfere with the movement of the package, and ordered it, he might have a case. There is however something in law which may block the OP from using UPS directly, I believe he would have to go after the vendor as someone else stated.

I got a call today from a very nice women.She said ups left a package on her door step last friday.
Glad you got it sorted out.