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Discussion in 'Anything goes' started by Angola!, Jan 6, 2007.

  1. Angola!

    Angola! Guest

    I come to SportsJournalists.com seeking help. Here is the situation:
    I buy an XBox from a buddy of mine. He goes to UPS and ships it on Dec. 18, they tell him it won't get to my place until sometime after Christmas so I am not looking for it. Wednesday I call him and tell him to check the tracking number and he looks it up on-line. The site says it was delivered Dec. 22, but I know that is a lie because I was home all day.
    So, I call UPS and lo and behold they delivered it to the wrong house. The lady on the phone keeps apologizing and saying it was a driver error and they will investigate and try to get it back. Well, they also told me what house they delivered it to. So, me and a buddy go over there and this middle-aged guy claims - of course - that he doesn't know what I am talking about.
    Now, I don't see any reason why he would admit to UPS that he has my XBox in his house and is playing it, so my assumption is they will give us the money that we insured it for and call it good.
    A lawyer friend of mine says I should take the people to small claims court and try to force them to pay the worth of what was in the box - about $600 by my estimates. So, what do you all think I should do? And have you ever heard of a UPS guy being so dumb as to misread a 2 for a 3?
  2. DyePack

    DyePack New Member

    Wait until the guy leaves, then break in and get it back.

    Then sue him and UPS. If possible, sue the guy who sold it to you, too.

    With any luck, you'll win all the suits, plus you'll have the XBox.
  3. Angola!

    Angola! Guest

    I thought about the first one, but he lives in a sketchy part of town and I don't think getting stabbed is worth it to get the XBox.
  4. DyePack

    DyePack New Member

    I think private investigators may be able to collect and return stolen property. You could go that route.
  5. sportschick

    sportschick Active Member

    You could call the police and see if you can file a theft report. If it means he'll be arrested otherwise, boyo with the X-box might give it up.
  6. Buck

    Buck Well-Known Member

    Collect your money from UPS, which will take some time.
    Forget about the rest of it.
  7. Columbo

    Columbo Active Member

    One digit of an address was misread/written, and that puts the guy in "a sketchy part of town" compared with you? That's interesting.

    You don't have proof the guy accepted the xbox, unless UPS has his signature.

    My gut tells me that UPS will right the situation.
  8. Angola!

    Angola! Guest

    As to the first part, yes one digit does mean he lives in "a sketchy part of town" compared to me. Strangely, we have the same address he just lives on a different street and for some reason his house is 10 blocks to the northwest of my house. I also live in a strange town that has very few nice areas, one of which I live in.
    Hopefully UPS rights the situation. I don't have much else to go on at this point.
  9. Football_Bat

    Football_Bat Well-Known Member

    Boots can tell you all about what brown can do for you.
  10. slappy4428

    slappy4428 Active Member

  11. leo1

    leo1 Active Member

    i'm only a law student and not a lawyer but i don't see how you can pin it on this guy if he denies having it. unless UPS has his signature on the computerized clipboard thingy and is willing to provide it to you, you're probably screwed.

    this kind of thing happened to me once, but i had a happy resolution. somehow, instead of delivering the two US open tickets from stubhub to my house, the package with the tickets ended up downtown in a law firm mailroom. it makes absolutely no sense how it got there. service providers in my part of town are all sub-literate, fucking morons so i am assuming that it went to someone else's house and he or she brought it in to work and dumped it in the mailroom, just hoping for the best.

    ultimately i was incredibly lucky. i called a guy in the mailroom at the law firm and he didn't find it, but he took down my number. later that night, about 9 p.m., he found the UPS envelope on a counter somewhere and actually called me back. so i went downtown the next day to get it.

    fortunately stubhub guarantees everything so i was going to get my tickets no matter what but the hassle of having to go to midtown manhattan when i got into town wasn't something i was looking forward to.
  12. Point of Order

    Point of Order Active Member

    It's UPS's problem. Not yours. Call them every day and document who you talk to and what they say meticulously. Fax or mail them a letter demanding immediate resolution to your satisfaction, and if not, you will use all legal means to recover the damage you have suffered. Document, document, document. And then if they don't fix it, take all your shit to an attorney.

    Add: I would also say don't be so quick to just settle for the insured amount without knowing the terms. The item was not damaged in transit, nor was it lost. If what you say is correct, this was a total UPS fuck-up, so getting the insurance value shouldn't necessarily be an automatically acceptable resolution to the problem. They owe you an X-box, and they owe you something for the trouble they have cause you in screwing up the delivery.
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