UPS never delivered package, stonewalling

So what are my options?

The full story:

Mrs. Evil Captor went to a con and bought a custom corset a while ago. A couple of weeks ago they shipped it out via UPS. UPS records show that the corset was left on our doorstep last Tuesday around 10 am. We weren’t there to get it because we were both working and Evil Captor Jr. was at school. We came home, no corset. So of course we called UPS and the corset maker and they both said, “Sorry you’re just out of luck.”

I call bullshit on that. We never received the damn thing. We came home, it wasn’t there. Our next door neighbors didn’t get it. Possibly some lowlife in our apartment complex stole it, but we’ve got no evidence of that other than the package’s absence. All we really have is a claim that a $300 item was delivered, and no item.

What are our options as consumers here? Seems to me we are definitely the wronged party. Do we have some kind of legal/organizational stick we can hit UPS over the head with until we get restitution of some kind?

Was the shipment insured for the full value of $300 by shipper?
Otherwise normal insurance is or was $50.

OPTIONS FOR FUTURE ORDERS: Ask shipper to insure for full value. Ask UPS to hold package and leave message for you to pick up package at UPS store or distribution center next day.

I don’t know what your recourse could be, but shouldn’t the shippers have at least made sure someone would sign for it?

It’s my understanding that the seller is ultimately responsible for the successful delivery of the item that you bought. If it is lost or damaged in transit, they are the ones that should file a claim with the shipper and bear any loss.

The shipper is the UPS customer, and it’s their responsibility to follow up with the shipping company to secure compensation for lost-in-transit packages. In theory, they should reimburse your purchase price and/or replace the item, and then go after UPS for compensation to them.

Speaking as someone who used to work for a company that shipped primarily with UPS & who had the job of filing those claims and recovering the compensation, I have to say that if your vendor’s experience with this is anything like mine, I understand their reluctance to follow this process. UPS has raised stonewalling to an art form …

In any case, UPS will never, ever, ever give the addressee anything other than a runaround. You’re not their customer & they don’t care what you think of their delivery service. Don’t waste your time-go to the shipper. And good luck.

Is there a possibility that it was stolen?

Did you pay w/ a CC? If so, put it into dispute, I think you’ll win.

Did you pay for it with a credit card? If so, call your credit card company and request a chargeback for undeliverd goods. They nearly always side with the cardholder, and credit your account and charge the seller.

Mrs. O’Malley: Yes, there is a possibility it was stolen. We don’t know what happened to it. We do plan to report it to the cops soon.

AR Cane and Fear Itself: My wife paid for it with her Paypal card. They don’t pursue claims that are more than 45 days old. Because the corset was a custom job, it took a long time to complete – six weeks. Add on the shipping time of about a week and a half and we are out of luck with Paypal. My wife will never purchase anything worth more than twenty bucks with her Paypal card again.

We’ve contacted the shipper, they say go after UPS. UPS stonewalls. We need to know what kind of club we can wave at these guys to get results. Saying “its their responsibility” means what? That it’s the shippers’ legal responsibility? How can we enforce it or get it enforced?

It’s the seller’s responsibility to deliver the merchandise to you. Handing a package to UPS does not constitute delivery. The seller should refund your money or deliver replacement merchandise. UPS is the shipper’s problem, not yours.

Small claims court and a letter from a lawyer are both pretty good sized sticks.

Or ask shipper to require signature confirmation of delivery. I’m surprised nobody has mentioned this because it seems like the most sensible lesson to be taken from it.

I imagine a letter from a lawyer could run you another $300 anyway though. :slight_smile:

UPS is among the worst for secure delivery. Even if you ask someone to sign for it, I have had them, have a neighbor sign. When I asked them no one could figure out the name and who signed for it.

UPS stonewalled but about 2 days later I found the package had been opened and left outside my apt door. (About 40 apts in the building)

I have had so many delivery issues with UPS. But I’ve had just as many with the US Postal Service to. Not much you can do. Just pay by credit card. In this day and age it is absolutey foolish to buy anything off the internet unless it is paid for by credit card

Maybe one of our legal eagles can comment, but I’ve always understood that small claims court was only an option if the party being sued was within the jurisdiction of the court. Even if the court accepted the case and gave you a judgement, you still have the problem of collecting and that would probably be cost prohibitive.
As Rick said, involving a lawyer is also not practical. If the shipper refuses to negotiate, about all you can do is annoy them w/ threats and letters. That, or put it behind you and tear up that Paypal card.

I’ve had good luck going through the Better Business Bureau when dealing with large, evil corporations (phone companies, cable companies.) The BBB doesn’t have any legal weight or government might behind them, but for some reason large companies don’t like to get a bad rep with them. You can file a claim online at www.bbb.org.

My roommate had an order shipped to our place via UPS. The guy knocked while I was upstairs, and was gone 2 minutes later when I got to the door. I get to the door and there’s a blank “we missed you” post it on the door. There is no way that the package was stolen since the driver left a “we missed you” note (with nothing on it) and I was there within 2 minutes (we seldom see people walking around our place, let alone shady ones).

Two weeks later, the shipper sends it back out. Problem solved. UPS was zero help. Zero. I’m sure that the UPS guy now owns a nice pair of boxing pads and gloves.

As for requesting signature delivery, a whole lot of companies have contracts with UPS that are very inflexible at the customer service end of business. The last company I worked for was a Fortune 100 company, with a multi-billion dollar per year revenue, asking for signature assured delivery on items that didn’t warrant it basically got you nothing.

[tangent]
In order to keep costs low, these shippers employ part-time unskilled labor at their hubs. True, there is a waiting list to be a UPS driver, but the standards of excellence that most people need from these companies are all too frequently ignored by their underpaid workers.
[/tangent]

Evil Captor-e-mail me. I might be able to put your wife in touch with a seamstress friend of mine who can advise her what to do in the case of fraud, or who might reccomend a better place to get a custom corset.

Did you talk to Blade in the warehouse? Maybe he set the package on fire. :smiley:

Seriously, I had the same thing happen with Federal Express; they claimed the package was delivered, and that I signed for it. Never saw it, never signed for it. Turned out they just dropped it off at the apartment of someone a few buildings down. Never used them sicne.