| Page 1 of 2 |
|
|
 Posted: Sat, 23rd Feb 2008 17:26 Post subject: Is there a lawyer in the house??? |
|
 |
Ok, story is as follows, I won an auction on ebay on the 4th of february this year and I really needed this item to arrive asap so I asked the seller to send it to me using global express(EMS), the service from USPS. It has a delivery time of 3-4 business days, so that said and done he ships the item to me on the 6th, I get a tracking number from him and after a few days I see that my item reached my country on the 10th, so 4 business days, thought well thats nice:)
Here's where all my troubles began, my package was placed at some company that handles logistics and after waiting 5 more days I got kinda tired of waiting for nothing so I called this company asking them what the fuck was taking them so long. Then I got the answer that they were using some kind of new system and it was going a bit slower than usual. So I said ok, is there some way I can pick up this item myself and declare it myself(as well as pay the taxes for it), then the guy responded yes thats possible and he gave me the necessary steps I had to take, it involved the following,
1. Drive to their main headquarters and get a form
2. With this form go to customs and get a stamp from them
3. With this filled in form with stamp return to their main headquarters
Considering I live 120km away from that main headquarters I asked 3x if I really could come and get my package cuz if there were complications I would be driving 270km for nothing, I explained about me driving so far and shit, and I kept on asking and he kept saying yes, do this and you can come pick it up.
So ok next morning I drove up to their HQ and on my arrival I found out that I couldn't pick up shit, there I got word that they are under contract by some company called taxipost and that only taxipost could give out my package, so basically I drove up there all for nothing. When I was at their office and I explained to them that they had me drive up their on their own advice and that I now lost my entire day and gasoline for nothing they saw the fire in my eye(and oooh yes I was pissed as hell), so after a bit of argueing they promised me that they would handle my package with high priority and that they would deliver it to me on the 18th, well its now the 23rd and I still have yet to receive my shit, so again another empty promise.
So if you now look at it, I was misinformed bigtime by them, and my package is now in my country for 14 days and I still didn't receive squad.
I paid for premium delivery(110$)and I might as well have shipped it out using standard air mail for 25$ and have gotten the same service, so now I am out 100$ for gasoline and about 80$ I paid too much for shipping service I did not get.
Is this company eligable for sueing, can they be held accountable for malpractice, can I get some money back from these faggots??
I have evidence I was there, I know their faces, and I know the guy that talked to me on the phone.
Anyone.........
|
|
| Back to top |
|
|
headshot
VIP Member
Posts: 34682
Location: UK
|
| Posted: Sat, 23rd Feb 2008 17:39 Post subject: |
|
|
I could be wrong but I read somewhere on here a while back that user Martian123 is a lawyer. Maybe you should wait for him to reply or PM him.
May the NFOrce be with you always.
|
|
| Back to top |
|
|
|
|
| Posted: Sat, 23rd Feb 2008 18:00 Post subject: |
|
|
isn't he a psychiatrist?
"Quantum mechanics is actually, contrary to it's reputation, unbeliveably simple, once you take the physics out."
Scott Aaronson | chiv wrote: | | thats true you know. newton didnt discover gravity. the apple told him about it, and then he killed it. the core was never found. |
|
|
| Back to top |
|
|
repo1
Banned
Posts: 546
Location: Mein Komput0r
|
| Posted: Sat, 23rd Feb 2008 18:10 Post subject: |
|
|
|
|
|
| Back to top |
|
|
headshot
VIP Member
Posts: 34682
Location: UK
|
|
| Back to top |
|
|
|
|
| Posted: Sat, 23rd Feb 2008 18:48 Post subject: |
|
|
|
|
|
| Back to top |
|
|
repo1
Banned
Posts: 546
Location: Mein Komput0r
|
| Posted: Sat, 23rd Feb 2008 18:54 Post subject: |
|
|
I'm sure they have some small print somewhere in the contract that lets them lay the blame on customs or their subcontractors. I doubt there's much you can do except constantly harass them on the phone every day until they get sick of you.
|
|
| Back to top |
|
|
|
|
| Posted: Sat, 23rd Feb 2008 19:05 Post subject: |
|
|
I need to be sure, if I have grounds to sue then I will, its not like I am poor so can easily afford a lawyer, as long as these fucks get whats coming then I'm happy. But that can only happen if I have a leg to stand on:(
|
|
| Back to top |
|
|
Karmeck
Posts: 3341
Location: Sweden
|
| Posted: Sat, 23rd Feb 2008 20:10 Post subject: |
|
|
you need to watch South park "306 - Sexual Harassment Panda", sue is baaaaad.
|
|
| Back to top |
|
|
TheSaint
Dalai Lama
Posts: 6586
Location: Cook Islands
|
| Posted: Sun, 24th Feb 2008 14:01 Post subject: |
|
|
Sueing for this little money is total waste of time, the costs for sueing are more than you would get out of it. Posting this in the media will give more effect, just damage there status.
In dutch terms the company was: ze hebben een tekortkoming in de nakoming gepresteerd. Nu heb je het recht om jouw verbintenis op te schorten, totdat hun hun verbintenis hebben nagekomen. (maar ik zie dat je al betaald heb dus er valt weinig op te schorten).
In other words, sueing is an option, if you want to loose more money.
|
|
| Back to top |
|
|
|
|
| Posted: Sun, 24th Feb 2008 16:24 Post subject: |
|
|
Ok then I'll just have to blog about this, try to steer people away from them and instead use Fedex or UPS, lets hope google does its metatagging so when people do a search for them atleast they will find my site as well;) Every € lost by something I wrote on my website is good enough for me, as long as they lose money:)
|
|
| Back to top |
|
|
|
|
| Posted: Mon, 25th Feb 2008 04:53 Post subject: |
|
|
lol UPS would be an even worse option. Their one of the worst shippers in the US
|
|
| Back to top |
|
|
|
|
| Posted: Mon, 25th Feb 2008 06:05 Post subject: |
|
|
Mart is not a lawyer, Saint is tho. I think Sid and SJ might be ones too.
You wouldn't get anything out of sueing except satisfaction.
Make a web page and have it so it comes up above their web site. That would really embarrass them. I have a friend who did that over a user car dealer. I would also let the seller know how bad they were so they don't use them again.
I never trust any customer service that you have to call into
What did you buy?
|
|
| Back to top |
|
|
|
|
| Posted: Mon, 25th Feb 2008 07:23 Post subject: |
|
|
Hey someone mentioned my name?
No I am not a lawyer, and even if I was I am in canada, where the law is most likely different
anyway.
Listen to Saint, the media is one way of going, and if there is a version of the better business
beaureau that would be an option (as well.) You will want to write them as well a letter, an official type one, explaining your frustrations and everything that you went through. This way when they ask what steps you took, you can say you've reported them, and written etc...
This way they can't do as much damage control when the media asks them questions, otherwise
they are likely to say something like, this person had a bad experience but didn't go through our
escalation process and that's why we didn't act, but because we're nice (aka on record in the media) we're doing X for this upset person.
Hopefully everything works out for you. Good luck.
Read not to contradict and confute, nor to believe and take for granted, but to weigh and consider.
To the world you may be one person, but to one person you may be the world.
In all your remembering, remember that you have choices
|
|
| Back to top |
|
|
|
|
| Posted: Mon, 25th Feb 2008 07:47 Post subject: |
|
|
I once did the same thing to a shipping company in Holland, it was over 58€, it took me 1 year to get my money back but back I got it:) In this lettre I threatened to get on TV with atleast 128 other duped people who all had evidence of malpractice and lack of service, I told them I would drop hints that there were other companies out there with better service, not 4 days later I received a letter from them stating how sorry they were and asking for my bank account and they would deposit the 58€ back.
Sure I went through lots of shit and mailing to them but in the end I still got my money back, maybe it'll happen this time too, just gotta build a website first with some clean evidence so i can threaten:)
And you can say UPS is worse, but in fact it isn't cuz everything coming into belgium via UPS or Fedex is handled by them when it gets into the country, meaning UPS and Fedex do the customs and it doesn't have to go through x companies before they hand the package over to taxipost, hence its allways better for me as a customer and thats something I will highly stress on my website(so people will be very aware of this fact).
I will give this company one chance and one chance only in my lettre to give me back some of the money I lost, else it will go online, simple as that.
|
|
| Back to top |
|
|
|
|
| Posted: Mon, 25th Feb 2008 09:09 Post subject: |
|
|
I don't believe online will be a good method, you would have to rely on that as a fear tactic, and realistically how many people will go to your website? probably not many, compared to say the amount of people who are reading the morning newspaper or watching the local news.
that is my two cents.
Read not to contradict and confute, nor to believe and take for granted, but to weigh and consider.
To the world you may be one person, but to one person you may be the world.
In all your remembering, remember that you have choices
|
|
| Back to top |
|
|
|
|
| Posted: Mon, 25th Feb 2008 09:50 Post subject: |
|
|
It all just depends on how up the google rankings the site gets Martian, if you include good meta tags and google puts it first on their searchpage then enough people will find it, like I said, every person from Belgium or Holland who reads this will prefer UPS or Fedex over ABX Logistics once they read the shit people have to go through to get their package and how long it takes(note that its already the second time I have had dealings with ABX and second time bad and supersuperslow). So everyone reading this and deciding to ship through another company is money lost for ABX, internet is the way to go in this case I feel. I might as well include a guestbook where other people can tell their stories about ABX and I am sure there's plenty.
I am not a short term kinda guy, even if it takes a year to get a site to show up 5th place on google then it don't matter to me, I got a memory of an elephant, I don't forget the shit people put me through and pay they will, even if it doesn't go straight in my pocket, making them lose out on money is good as well.
In dutch they say 'de aanhouder wint', this roughly translates to 'The one who perseveres allways wins'.
|
|
| Back to top |
|
|
TheSaint
Dalai Lama
Posts: 6586
Location: Cook Islands
|
|
| Back to top |
|
|
deelix
PDIP Member
Posts: 32062
Location: Norway
|
|
| Back to top |
|
|
|
|
| Posted: Mon, 25th Feb 2008 18:09 Post subject: |
|
|
| pistolshrimp wrote: | | What did you buy? |
2 new cpu's.
|
|
| Back to top |
|
|
anarxist
Banned
Posts: 4377
Location: Israel,born in the USSR
|
| Posted: Mon, 25th Feb 2008 20:41 Post subject: |
|
|
| Quote: | | I got a memory of an elephant, I don't forget the shit people put me through |
Oh shit, I hope it's not too late,those words I called you, I didn't really mean it  |
|
| Back to top |
|
|
|
|
| Posted: Mon, 25th Feb 2008 21:05 Post subject: |
|
|
This is a classic case of non-performance. They do not perform an obligation under the shipping contract, it doesnt matter if its excusable or not. Their excuse that an other company is to blame is their problem, you are not bound by 'third' parties. Its their own responsibility.
1. Write a letter containing a reasonable time for them to cure the non-performance (say 8 days) --> this option is not preffered since it was a 'fixed time' contract. (aka, within 'x' days)
2. Write a letter to notify them that you officially accuse them of non-perfomance, that each day they do not perform will be added to your claim of damages (the fuel costs etc). And that you intend to settle this in court if they do not intend to settle your damages out of court. Also, if you want to do this its good to get some advice from a Belgian lawyer or legal advisor, they have 'concept' letters for this kind of thing.
You do not want to end in court but if you threaten them enough (option 2) they might refund you or give you some sort of satisfaction, it also depends on the amount of money. Offcourse going to court is expensive but in this case you have a 100% win chance if the case is as you point it out to be. This means that the costs are not for you but for them at the end. So they probably go for the 'settle' out of court option.
@TheSaint; vordering tot nakoming met aanvullende schadevergoeding is de juiste optie geen opschorting.
|
|
| Back to top |
|
|
|
|
| Posted: Mon, 25th Feb 2008 21:59 Post subject: |
|
|
I already wrote a letter to the European commision for the consumer(belgian division)stating all my mishappenings with this fucking shitass company and how they could assist me in getting compensation, so I will get word from them on how to proceed. Once I have their response I will start threatening these fucks, I just want my money back, thats all, if they wanna make a big case out of it then thats just fine by me.
|
|
| Back to top |
|
|
TheSaint
Dalai Lama
Posts: 6586
Location: Cook Islands
|
| Posted: Tue, 26th Feb 2008 11:20 Post subject: |
|
|
| woozap wrote: | This is a classic case of non-performance. They do not perform an obligation under the shipping contract, it doesnt matter if its excusable or not. Their excuse that an other company is to blame is their problem, you are not bound by 'third' parties. Its their own responsibility.
1. Write a letter containing a reasonable time for them to cure the non-performance (say 8 days) --> this option is not preffered since it was a 'fixed time' contract. (aka, within 'x' days)
2. Write a letter to notify them that you officially accuse them of non-perfomance, that each day they do not perform will be added to your claim of damages (the fuel costs etc). And that you intend to settle this in court if they do not intend to settle your damages out of court. Also, if you want to do this its good to get some advice from a Belgian lawyer or legal advisor, they have 'concept' letters for this kind of thing.
You do not want to end in court but if you threaten them enough (option 2) they might refund you or give you some sort of satisfaction, it also depends on the amount of money. Offcourse going to court is expensive but in this case you have a 100% win chance if the case is as you point it out to be. This means that the costs are not for you but for them at the end. So they probably go for the 'settle' out of court option.
@TheSaint; vordering tot nakoming met aanvullende schadevergoeding is de juiste optie geen opschorting. |
klopt ik zeg ook dat er weinig valt op te schorten. vordering tot nakoming dmv een ingebreke stelling is misschien leuk, maar zal weinig effect hebben omdat elk wel denkend mens wel weet dat je toch neit naar de rechter gaat voor 100 euro.
therefor, media is de enige optie mijn inziens.
|
|
| Back to top |
|
|
|
|
|
| Back to top |
|
|
|
|
|
| Back to top |
|
|
TheSaint
Dalai Lama
Posts: 6586
Location: Cook Islands
|
|
| Back to top |
|
|
|
|
|
| Back to top |
|
|
|
|
| Posted: Wed, 5th Mar 2008 23:17 Post subject: |
|
|
Are CPUs in Nederlands THAT expensive? Where did you order them from?
|
|
| Back to top |
|
|
|
|
| Posted: Thu, 6th Mar 2008 18:38 Post subject: |
|
|
CPU was bought in the US, but it was sent with prio shipment, so this added 110$, in the end I got squat cuz I still ended up waiting 3 weeks, hence my case in point. I wouldn't have minded posting this if the CPU came in without delay, but it didn't and now I want compensation for all the empty promises and serious lack of service.
|
|
| Back to top |
|
|
| Page 1 of 2 |
All times are GMT + 1 Hour |
