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UPS lost my package

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Yuliz

Junior Member
What is the name of your state (only U.S. law)? - NY
Hello.
I live in NYC. On 5th Dec 2011 I bought a cell phone on Amazon.com from the 3rd shop. Tracking number says it was delivered on 9th Dec 2011 and someone signed it. I never received my package and noone with signatory name lives in our house. UPS confirmed that my package was delivered to wrong address. The seller opened the claim with them on 12/21 (though they lied to me they had done it on 12/13).
I also opened the claim with Amazon, but it was denied. They said they can do nothing because the seller provided them the signature of acceptance (not mine). (Is it normal if they are sattisfied just with anyone's and not the receiver's sinature?)
On Jan 3rd I called the UPS by myself and they told me they had found my package. We agreed I would come next day (Jan 4th) to the office to pick it up by myself. When I was there they had nothing for me. While i was in the office they called the driver and told me it was out for delivery. Later that day when i was home UPS delivered the package only for my friend and I still had nothing. Thus they either lost it again, or hadn't found it at all 1st time and it was just a lie.
On Jan 5th i called the main UPS office again and they reopened the claim. They told me investigation would take 3-5 days more (in addition to previous investigation period). The claim was opened with the seller so they were supposed to have all information. In one week of silence I contacted the seller by myself to know if there were any news, but they only said they needed more time.
On Jan 18th the seller's representative called me and asked if UPS contacted me. I said that noone never called me about it, she promised to call me back and never did. Yesterday (Jan 23) I called the UPS by myself and was told its necessary to reopen it 3rd time(!), because the previous claim was expired. Besides that i didnt receive any usefull information and all my questions stayed unanswered.
Its all very confusing and very stressfull for me. Please, tell me what i should do. Should i sew them (who? Amazon? Seller? UPS?)? Can i get any compensation besides money back? It lasts from Dec, 9th and i still dont see the end and dont get anything besides sorryes. The absurd of this situation is out of frames already.
Thank you in advance for attention and hope to get an advice from you.
 


Zigner

Senior Member, Non-Attorney
You will need to work this out with the seller. Expect a refund for what you paid or a phone (as you both work out.)
You might even get the shipping charges refunded, if the seller is so inclined.
 

Yuliz

Junior Member
That is what I am trying to do. The seller keeps saying they "need a UPS word on status of the claim" to refund money to me. UPS opened the claim 2 times already, they had more than enough time for investigation (it lasts more that a month) and now they are saing they need to open it 3rd time, because the previous claim was expired. Im wondering if just expiration can be a good reason to open it again and again, because they dont answer me when Im asking what were the results after 2nd time and what had been done.
And besides that can I sew them to get compensation? To get just refund after all they done wouldn't be fare.
Thank you.
 

swalsh411

Senior Member
You could sue them for a refund but it sounds like that is going to be what you receive anyway. You cannot sue for lost time and frustration. (well you can but you won't win).
 

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