Ups delivery gone wrong!

[Joe2wice]

What is the name of your state (only U.S. law)? California

 

[Joe2wice]

Someone signed for my package

I made a purchase on ebay for shoes that cost $1200.00. I paid through PayPal , the seller paid for the shipping from ups with signature confirmation and insurance. I was provided the tracking number a day after the purchase. 4 Days later while at work I track package from my phone an it shows the package as being delivered at 12:33pm signed for with my initials. I am at work going crazy because I did not sign for this or authorize, an I nor my wife is at home to sign for this more or less is anyone in the world allowed to sign for a package nor anything else with someone else's signature or initials. I call ups to eat them an they tell me to check if it's at home. Mind you, it's 1:45pm or so when I even track the package. So I call my wife she says she will check once she gets off work at 5pm (I get off work at 6:30pm). She gets home an cannot find the package on our property an the neighbors who we have not met since we are always at work, which we should be if I'm buying $1200 shoes. Come to find out my neighbors, who we just met have no clue about my package. I have an Investigation claim with ups but they say it looks like you signed your initials even though I keep telling them I was at work an I nor my wife signed for them. I believe the driver signed for my package an left them somewhere on my property or the driver signed an stole my package or the driver delivered it to the wrong address an don't want to fess up to his mistakes. Regardless of who signed it wasn't myself or my wife . We both can prove we were at work miles from home. What can I do about this. I want to sue the ups company for the negligence they have shown? How can I? Where do I start? I want to take this to small claims court? But how? Do I have case?

 

[OHRoadwarrior]

You cannot do anything to UPS. File a dispute through Paypal. Follow the procedures and assist the seller in lodging a claim against UPS. Ultimately, it will be up to the seller to establish you received it.

 

[sandyclaus]

You cannot do anything to UPS. File a dispute through Paypal. Follow the procedures and assist the seller in lodging a claim against UPS. Ultimately, it will be up to the seller to establish you received it.

The problem here is twofold.

If he files a dispute with PayPal, all the seller needs to support their claim is proof of delivery - which UPS has and would be more than willing to provide.

UPS claims that the package was delivered and signed for by a person using OPs name and initials. Unless a specific restricted delivery option is requested, UPS isn't in the habit of asking for proof of identity. They don't ask for a driver's license or other picture ID. Herein lies the problem, because OP claims that the person who signed wasn't them, and UPS is in no great hurry to prove it was - and they may not have to.

Honestly, I'm not sure what recourse OP has. Certainly not thru PayPal, and maybe not even thru UPS under the circumstances. I know if *I* were having a $1200 item delivered to me, I'd restrict the hell out of that delivery to make sure that I, or someone I authorized, got it. I've had my issues in the past with UPS, and this would be a tough nut to take.

 

[Ohiogal]

So, OP, did you file a police report over the missing package?

 

[TheGeekess]

I used to have dogs that would take my packages and chew them up. Lost a couple of purses, some laptop HDDs, jewelry and some shoes before I decided to have items shipped to my work place instead of my home.

 

[LdiJ]

The problem here is twofold.

If he files a dispute with PayPal, all the seller needs to support their claim is proof of delivery - which UPS has and would be more than willing to provide.

UPS claims that the package was delivered and signed for by a person using OPs name and initials. Unless a specific restricted delivery option is requested, UPS isn't in the habit of asking for proof of identity. They don't ask for a driver's license or other picture ID. Herein lies the problem, because OP claims that the person who signed wasn't them, and UPS is in no great hurry to prove it was - and they may not have to.

Honestly, I'm not sure what recourse OP has. Certainly not thru PayPal, and maybe not even thru UPS under the circumstances. I know if *I* were having a $1200 item delivered to me, I'd restrict the hell out of that delivery to make sure that I, or someone I authorized, got it. I've had my issues in the past with UPS, and this would be a tough nut to take.

The receiver of the package never has any recourse through UPS, its only the sender of the package that has recourse. The receiver of the package's only recourse is to dispute payment because the item was not received.

Therefore the OP really should dispute the item via Paypal, which will force the sender to lean more on UPS to resolve the problem. It may not get resolved in the OP's favor, but it should be disputed via Paypal.

 

[Zigner]

The receiver of the package never has any recourse through UPS, its only the sender of the package that has recourse. The receiver of the package's only recourse is to dispute payment because the item was not received.

Therefore the OP really should dispute the item via Paypal, which will force the sender to lean more on UPS to resolve the problem. It may not get resolved in the OP's favor, but it should be disputed via Paypal.

And, AGAIN, all the sender needs to do is show the signed proof of delivery and he's done. Paypal will rule against the OP.

 

[Ohiogal]

The receiver of the package never has any recourse through UPS, its only the sender of the package that has recourse. The receiver of the package's only recourse is to dispute payment because the item was not received.

Therefore the OP really should dispute the item via Paypal, which will force the sender to lean more on UPS to resolve the problem. It may not get resolved in the OP's favor, but it should be disputed via Paypal.

He has other recourse. He could file a complaint with the police regarding the theft of the package. The amount of the product bought may be a felony and cause a criminal investigation.

 

[LdiJ]

And, AGAIN, all the sender needs to do is show the signed proof of delivery and he's done. Paypal will rule against the OP.

Not in my experience. My experience is that paypay realizes that UPS frequently just leaves packages at the door where they can be stolen, and that initials don't constitute a signature, even with UPS. The bigger problem is likely that the sender did not insure the package with UPS for its full value.

 

[Zigner]

Not in my experience. My experience is that paypay realizes that UPS frequently just leaves packages at the door where they can be stolen, and that initials don't constitute a signature, even with UPS. The bigger problem is likely that the sender did not insure the package with UPS for its full value.

Fair enough (to both people who said substantially the same thing to me )

 

[FlyingRon]

Not in my experience. My experience is that paypay realizes that UPS frequently just leaves packages at the door where they can be stolen, and that initials don't constitute a signature, even with UPS. The bigger problem is likely that the sender did not insure the package with UPS for its full value.

Nope, the other is EXACTLY my experience with PayPal. The e-signature confirmation will be the end of story as far as PayPal is concerned.
This is why you should ALWAYS back your PayPal payments with a credit card rather than your account balance or a checking account draft.
After giving paypal their chance, you can then go to the credit card company who is MUCH MORE consumer friendly than PayPal.

 

[LdiJ]

Nope, the other is EXACTLY my experience with PayPal. The e-signature confirmation will be the end of story as far as PayPal is concerned.
This is why you should ALWAYS back your PayPal payments with a credit card rather than your account balance or a checking account draft.
After giving paypal their chance, you can then go to the credit card company who is MUCH MORE consumer friendly than PayPal.

Opposite of my experience. In fact, I have never seen it go that way unless UPS ponies up with a full fledged signature. So I guess that we have had different experiences.

However, the fact that we have had different experiences is no valid reason to tell the OP not to even try to dispute it with Paypay.