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Post by boomzilla on Jun 8, 2020 10:49:40 GMT -5
I sent my ailing UDP-205 to Oppo for repair. They shipped it back via FedEx. FedEx claims that the package was delivered, yet I never got it. The Oppo Repair people have that "confirmed delivery" slip from FedEx and wash their hands of any responsibility. I've filed a claim with FedEx. Their own document says that the package was delivered to the correct address (the corner UPS Store) at 9:30 am on Thursday, June 4th. It was signed for by "EB." However: - Nobody working at the destination (corner UPS Store) has the initials "EB."
- The UPS Store has no log of any such package being delivered.
- Review of the video log at the UPS Store shows no FedEx deliveries at any time between 9:00 and 10:00 on Thursday, June 4th
Will FedEx pay the claim? Enquiring minds want to know!
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cawgijoe
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"We made too many of the wrong mistakes." - Yogi Berra
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Post by cawgijoe on Jun 8, 2020 12:08:38 GMT -5
That sucks!
Someone should definitely pay your claim. It sounds like Fedex to me. Looks like a Fedex employee heist.
I had something similar happen to me many years ago with a UPS store. I had purchased a portable Sony D9 cd player for my brother-in-law as a Christmas gift and brought it into the store to ship. It was in a plain box. I had to fill out the paperwork at the counter and put down the contents as the Sony D9. They were popular that year. I'm sure the UPS clerk enjoyed it.
He never got it and I filed a claim. It took almost a month to get my money back.
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Post by DavidR on Jun 8, 2020 12:19:15 GMT -5
Keep all emails and document all calls (date, time, person, what was said) Keep pushing. Start with what you posted here. Push it higher within FedEx. Persistence is your friend.
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Post by DavidR on Jun 8, 2020 12:19:57 GMT -5
Oh and Good Luck.
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Post by ttocs on Jun 8, 2020 12:57:21 GMT -5
I wish you well with your fight. You've got great documentation, so there "should" be no dispute!
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LCSeminole
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Res firma mitescere nescit.
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Post by LCSeminole on Jun 8, 2020 14:11:32 GMT -5
I sent my ailing UDP-205 to Oppo for repair. They shipped it back via FedEx. FedEx claims that the package was delivered, yet I never got it. The Oppo Repair people have that "confirmed delivery" slip from FedEx and wash their hands of any responsibility. I've filed a claim with FedEx. Their own document says that the package was delivered to the correct address (the corner UPS Store) at 9:30 am on Thursday, June 4th. It was signed for by "EB." However: - Nobody working at the destination (corner UPS Store) has the initials "EB."
- The UPS Store has no log of any such package being delivered.
- Review of the video log at the UPS Store shows no FedEx deliveries at any time between 9:00 and 10:00 on Thursday, June 4th
Will FedEx pay the claim? Enquiring minds want to know! Which FedEx service, Express or Ground?
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Post by ÈlTwo on Jun 8, 2020 15:22:31 GMT -5
If you get no satisfaction, tell them you will have no choice but to file a suit in small claims court against both of them in one claim and let the Court/Judge/Justice decide which one of them has to pay.
Since one claims to have delivered the package and the other claims not to have received the package, one has to be found liable, but only if you file against both in one claim (make sure to mention that). This may prompt them to speak to one another to work it out.
It's important that the claim include BOTH the UPS Store and FedEX in the same claim (if you do separate claims the one against FedEx could decide it's the UPS Store's responsibility, and the one against the UPS Store could decide it's FedEx's responsibility, leaving you out in the cold).
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Deleted
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Post by Deleted on Jun 8, 2020 17:36:07 GMT -5
Nice to have a legal expert (even on small claims matters) here at the Lounge! ----- thanks ÈlTwo!
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Post by boomzilla on Jun 8, 2020 18:40:44 GMT -5
Which FedEx service, Express or Ground? Ground
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LCSeminole
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Res firma mitescere nescit.
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Post by LCSeminole on Jun 8, 2020 19:06:12 GMT -5
Hey boom, I've only had to deal with a claim dealing with FedEx once and it was similar in that I paid to send the package but the manufacturer sent it back on their dime. Because the manufacturer sent it back on their dime, technically that means they paid for the shipping, and thus are responsible for making a claim. Thus I don't believe they can just wash their hands of this situation.
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KeithL
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Post by KeithL on Jun 8, 2020 19:52:53 GMT -5
That would be my impression.... however this situation is somewhat more complicated.
There doesn't seem to be any question that the package WAS NOT delivered to YOU. I would assume that your agreement was with the FedEx store... and they failed to deliver the product to you as per their agreement with you. So, once Oppo provides proof that they delivered the product to FedEx their responsibility ends....
At that point it's up to FedEx to prove that they handed it to the store... And, if they do so, then it becomes the store's responsibility (since they aren't even claiming that they delivered it to you)...
The real catch will be whether the package was insured or not... and by whom...
If the package was not insured then, regardless of who is responsible for losing it, they may not have any cash liability... (Then it becomes a matter of whether you can prove someone was negligent by not insuring it.) (I would assume that, if you sent it to them insured, it would be reasonable to assume that they would return it the same way, or at least offer the option...)
Hey boom, I've only had to deal with a claim dealing with FedEx once and it was similar in that I paid to send the package but the manufacturer sent it back on their dime. Because the manufacturer sent it back on their dime, technically that means they paid for the shipping, and thus are responsible for making a claim. Thus I don't believe they can just wash their hands of this situation.
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Post by boomzilla on Jun 8, 2020 20:00:21 GMT -5
I paid for the shipping of the Oppo to the Service Center.
The Service Center paid the return shipping (insured).
The Service Center claims (probably with fair logic) that since FedEx shows confirmed delivery, they're now out of the loop.
The UPS Store has both video and database evidence that they never got the package, so I think that the only potentially-liable party IS FedEx. Either they've lost it, delivered it to a wrong address, or it's still lost on the truck or in their warehouse.
Since issuing me a claim number on Friday, FedEx hasn't been in touch with me at all.
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Post by monkumonku on Jun 8, 2020 20:34:37 GMT -5
I paid for the shipping of the Oppo to the Service Center. The Service Center paid the return shipping (insured). The Service Center claims (probably with fair logic) that since FedEx shows confirmed delivery, they're now out of the loop. The UPS Store has both video and database evidence that they never got the package, so I think that the only potentially-liable party IS FedEx. Either they've lost it, delivered it to a wrong address, or it's still lost on the truck or in their warehouse. Since issuing me a claim number on Friday, FedEx hasn't been in touch with me at all. Since it was delivered to a UPS store, wouldn't you have had to sign for the package in order to get it from them? If they don't have your signature, then either they lost it or they never received it from FedEx. You should make a claim against both of them, especially since FedEx is showing it was delivered. Then let those two hash it out, rather than involving Oppo. Oppo has no liability since FedEx is claiming they delivered the package, which in effect is confirming they received it from Oppo. Besides being stuck in the middle of this bureaucratic ignoring the customer, even if you do win a claim then the problem is how do you collect it.
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Post by AudioHTIT on Jun 8, 2020 22:13:40 GMT -5
... and was it insured for what it would cost to replace an Oppo 205 these days?
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Post by boomzilla on Jun 9, 2020 1:40:47 GMT -5
I'd prefer not to sue the UPS Store. I do routine business with them, they know me, and they've gone above and beyond in spending the time to not only verify their receiving records but also to review their in-store video to confirm that FedEx did NOT make the delivery at the time that they claimed. They'll provide FedEx with all their proof if needed. In fact, they treat me so well that I buy them a cake or pie two or three times a year just as a tip. They also print all my business documents, matching the lowest price they can find anywhere (saved me over $300 last time I had class materials printed). I don't see any way that they could hold any liability in this at all, so why implicate them?
This is a FedEx SNAFU from the bottom to the top. Their own documentation contradicts their delivery claim. If they give me any grief, I'll check with Oppo on the REAL price of a replacement and modify my claim upward.
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cawgijoe
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Post by cawgijoe on Jun 9, 2020 4:14:01 GMT -5
I'd prefer not to sue the UPS Store. I do routine business with them, they know me, and they've gone above and beyond in spending the time to not only verify their receiving records but also to review their in-store video to confirm that FedEx did NOT make the delivery at the time that they claimed. They'll provide FedEx with all their proof if needed. In fact, they treat me so well that I buy them a cake or pie two or three times a year just as a tip. They also print all my business documents, matching the lowest price they can find anywhere (saved me over $300 last time I had class materials printed). I don't see any way that they could hold any liability in this at all, so why implicate them? This is a FedEx SNAFU from the bottom to the top. Their own documentation contradicts their delivery claim. If they give me any grief, I'll check with Oppo on the REAL price of a replacement and modify my claim upward. Ask Fedex for a status and how long this will take. From my limited experience, it’s not a quick process. Could be a couple weeks. Stay on top of them and stay positive. As long as the item was insured for whatever amount, it sounds like you have the evidence to backup your claim of non receipt.
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Post by wilburthegoose on Jun 9, 2020 6:13:48 GMT -5
I could be wrong here, but I don't think FedEx Ground = FedEx.
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cawgijoe
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"We made too many of the wrong mistakes." - Yogi Berra
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Post by cawgijoe on Jun 9, 2020 6:23:46 GMT -5
I could be wrong here, but I don't think FedEx Ground = FedEx. It's a subsidiary of fedex, but still under the fedex company. As is fedex Smartpost. Fedex is the parent company.
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Post by boomzilla on Jun 9, 2020 7:37:51 GMT -5
I could be wrong here, but I don't think FedEx Ground = FedEx.
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Post by ÈlTwo on Jun 9, 2020 8:26:37 GMT -5
Tell FedEx you expect a response within a week, and that the UPS store has proof the item was not delivered.
Then tell them if they don't respond in a satisfactory manner, you will have no choice but to use the proof in a legal forum.
The object here is to have them stop jerking you around, and to negotiate a settlement without having to go to even Small Claims Court.
They will delay paying, because they don't make money paying claims; you have to push them to do the right thing.
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