Does anyone know resources that disscus laws regarding UPS?

Discussion in 'After Hours Lounge (Off Topic)' started by ericLee, Jun 19, 2003.

  1. ericLee

    ericLee Stunt Coordinator

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    The problem started when we got some packages by UPS. no one was there to reciver them so they just left them their...For 5 weeks it was there all soggy and nasty so I decided to trow away since no one is going to pick them up and it did say PC samples on them so didn't think they were importaint. BTW it was addressed to my address but diffrent name. So if im not mistaken either the sender messed up or ups messed up. Now the sender is demanding i pay them the money. First of all no one signed for them and second they had plenty of time to pick up. why are they harassing me now. How can someone be legaly responsible for someone elses junk. I'm not a wharehouse and no one was there to refuse them. So following that train, if you leave books at school or library and demand 5 weeks later that you left it there are they legaly resonisble to reimberst you? What do you think? Why are these UPS idiots bothering me with their problem.
     
  2. Eric Kahn

    Eric Kahn Guest

    from what I understand, you are not required to pay for anything that you recieve if you neither ordered it or requested it
    I do not think they can make you pay for it, you did not order it and you are not required to tell them that you got somthing you did not order
    if they left them sitting for 5 weeks without checking to see if they arrived, they must not have been very important
     
  3. ericLee

    ericLee Stunt Coordinator

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    The neighboor is just harrasing me. I bet he didn't pay one cent for the stuff. a UPS guy came to my house to question me and he told me some details, ! he didn't report it becuse he was not expecting it, which would mean he did not pay for it. Also the neigboor aproached my family to question us he said he paid around 100 bucks for it and now the sender is saying i owe over 200 ,fishy. The usp guy told me the neigboor is in the uniform businees and I think the company sent him free samples (thats why the boxes say PC samples) and now the neigboor is raising hell just to get even. thanks, keep the coments comming, I'm looking for some solid legal advice if anyone has it too. thanks.
     
  4. Keith Mickunas

    Keith Mickunas Cinematographer

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    I'm having a little trouble following your post. Where were the packages left and who were they sent to? I think you're saying they were shipped to your neighbor and you chose to go pick up their packages and throw them out. Am I right? If so, I have to ask why would you do that?
     
  5. ericLee

    ericLee Stunt Coordinator

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    they were left at my place, the address had my house number on it but it was for the neigboor down the street, so either the neigboor entered his address wrong or the sender messed it up or UPS messed it up. They just left them at my door. since it was the right #. No I didn't go down the block and take the stuff from them, why would i do that, isn't that illegal or something.
     
  6. Matt Gordon

    Matt Gordon Supporting Actor

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    Just out of curiosity, how much do they want you to pay?
    I'd say you aren't liable.

    The sender should have addressed his package more carefully.
    After 5 weeks, you could have reasonably assumed that the package was given up for lost.
     
  7. Glenn Overholt

    Glenn Overholt Producer

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    I'd just go by - you didn't sign for them, so they are not your responsibility, period.

    Glenn
     
  8. Malcolm R

    Malcolm R Executive Producer

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    You are not responsible for someone else's clerical error. Tell them to go to hell.
     
  9. ericLee

    ericLee Stunt Coordinator

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    Thanks for the replays everyone, You know I'm not a bad person and if I had them I would give the stuff back but I don't and I don't like the way UPS and the sender company is tring to mess with me. It's actualy causing stress on me and the rest of the family, The UPS people think i stole the stuff, and now there investigating me like the FBI, I never asked for any of this, It's not my fault the neigboor can't type.
    The neiboor told me it was around $100 but he didn't tell me the exact amount, now the company says it's $230 with shipping, why the change, Its probly because the neigboor did not pay for the stuff and got it free as samples from the company since he told me he was going to do business with them, they are most like charging me full retail for the stuff. (the box was addressed from PC SAMPLES, thats why i threw the stuff away).
     
  10. alan halvorson

    alan halvorson Cinematographer

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    Maybe it's different in your neck of the world, but had I received something that I knew wasn't mine, but believed was my neighbors', I would have contacted UPS and perhaps the neighbor and let them deal with it. I might even have delivered them to the neighbor if I really did believe the packages were his (I have done this and my neighbors have done it for me).

    The absolute last thing I would have done is throw the packages away unless I was so instructed.

    No, you were not liable just because packages you didn't order were mistakenly delivered to your address. However, by throwing the packages away you may have made yourself liable. I suggest contacting someone a lot more expert than I in these matters - in other words, a lawyer.
     
  11. ericLee

    ericLee Stunt Coordinator

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    alan-
    In my neigberhood know one knows anyone, everyone keeps to themselves, so i did not even know who this person was until he came to investigate. I thought 5 weeks was plenty of time for them to figure out what happened and I do have a limited amount of storage space and during that time I was cleaning out the garage to make room for a HT room. At the place I work at we sometimes get stuff thats not ours but we always give them back to either the other business around us if we know who they are, otherwise since UPS comes everyday, they could just pick it up. But when I get home I'm just to lazy to deal with it. I think we'll be contacting a lawyer soon, thanks.
    -eric
     
  12. Glenn Overholt

    Glenn Overholt Producer

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    Eric, if they cannot PROVE that you received it, they have no case. You didn't sign for it, and for all you know, the UPS driver could have brought the package to his/her own house! Ask them to prove you wrong.

    Glenn
     
  13. David Preston

    David Preston Supporting Actor

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    I would say it is the shippers fault. UPS did their job by delivering it to the address on the package. How are they supposed to know every name of every person in each house? So maybe your address is 1268 and your neighbors is 1298 but his name was on there but your address was on there. They must have typed in the wrong number in the shipping dept. Ask the shipper what address he shows for the receiver. I hope this works out for you. I hope it don't go as far as a lawyer. That might cost you more money. If you could afford it tell them what your neighbor said about the $100 dollars and tell them if it will get them off your back you will pay it. If it was putting stress on me like that I would just suck it up and pay it. Let us know how it goes. Good luck
     
  14. Ron Pinsonneault

    Ron Pinsonneault Auditioning

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    EricLee,

    I wouldn't hire a lawyer over a $230 charge from anybody, it will cost you more for the attorney. Tell UPS to shove it. I think you are worried over nothing and undue stress is not recommmended by the AMA. If somebody left me a package and I didn't order it, or if it was delivered to the wrong address I am not responsible to "right" the "wrong". However, if it was addressed to somebody I knew I would deliver it my self.

    I think you are over reacting here. Chill out.[​IMG]
     
  15. Ryan Wright

    Ryan Wright Screenwriter

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  16. ericLee

    ericLee Stunt Coordinator

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    thanks for all the replys, We might contact our family layer, he usualy dosn't charge us just to talk because he's our neigboor at our busniess. But I'm also trying some free legal websites also. I just noticed looking at the letter the sender sent me it is not a actual bill just threatens to bill me if I don't give the boxes back, They even had the UPS tracking results attached to the letter. I think they know they can't actuly bill me and are just threatening to bill me.
    David- I definitly don't intend on paying one cent to either the shipper or the neigboor, even if I have to pay $300 to the layer, This guy thinks were easy prey and I want to give them a hard time.
    I'm going to try some more online layer sites that let you question for free, then I'll see what I could do.
    thanks for reading my post and I'll update if something happens. thanks
    -eric
     
  17. Eric Kahn

    Eric Kahn Guest

    you are not liable for somthing you did not order, UPS just does not want to pay for their mistake, just say no and if they do not leave you alone, contact your state attornies office and ask them what you should do about being harassed by UPS for their mistake
     
  18. SteveA

    SteveA Supporting Actor

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    DELETED.
     
  19. ericLee

    ericLee Stunt Coordinator

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    Hi
    I found this on the court TV FAQ resource page while doing research

    QUESTION:
    I have been receiving reoccurring charges for documentary tapes which I've collected in a pile in my living room. I never asked for them and want to send them back. The hitch is that it's been several months. My credit card company says not complaining earlier equals consent. Is this true?

    ANSWER:
    Your credit card company is giving you a bum steer.
    Any time you receive unsolicited items in the mail, you are entitled to consider them to be gifts. You are under no obligation to pay. Not only should you dispute the charges with your credit card company, but also you should complain about the company that is sending you the tapes and billing you. Contact the Attorney General's office in the state in which the company is located to register your complaint.
    And do not forget a more obvious contact: Be sure to tell the offending and offensive tape company that you are not interested in its wares.

    I think this applies in my case also.
     
  20. ericLee

    ericLee Stunt Coordinator

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    I asked worldlawdirect.com a Q and they answered:

    You are correct in our opinion; if UPS and the other person do not back down on
    this, then based on what you say here, you could probably file suit against them
    (or at least threaten to do so) in small claims court or in regular court;
    filing in small claims court is easier and requires no attorney...you could try
    to collect all of the costs and damages that you suffered due to their
    behavior...

    Kind regards.
    xxxxname removedxxx
    WORLD Law Direct
     

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