Just-Curious
Junior Member
What is the name of your state? Florida.
Two years ago I was involved with an individual whom I knew very well. I made arrangements with him to purchase an automotive item "through" him. He was nothing more than the middle man. The item was purchased from overseas; payment was taken from my CC, and received and processed by him. The item was paid for by me along with the S/H and shipping insurance charges. The S/H was accommodated though him and though his UPS account. Upon receiving the item I found that it was damaged. I immediately contacted my acquaintance who in turn verified that the item was damaged and went abouts in filing a UPS insurance claim on my behalf. A couple weeks later UPS came to my residence and photographed and documented the damage. Months went by and I didn't hear anything. I called my acquaintance to get a follow up, but there was no new news. I continued calling him to the point that he gave me his UPS account info and was told to simply investigate it myself. I did so only to be told that the claim is still in process.Later was told by my acquaintance, that I would need to bring the damaged item back to him so that he could bring it to UPS for finial inspection. I did so, delivering the item back to him. Months went by and I didn't get a reply as to the status of the claim. Later I receive a call from him to tell me that UPS did agree to pay for the damages, but only up to $500. The item was insured for $2000. I did not agree with the settlement and asked what other options I had. He told me that I can either take the $500 or take back the damaged item. Seeing that I paid $2250 for the item and its shipping. I could not constitute accepting $500 while still losing $1750 and not even being left with the damaged item. UPS policy is that all damaged items that are claimed under insurance are to be sent back the sender. UPS records showed that my acquaintance is the sender/shipper; not the place of origin. I confirmed with my acquaintance about this and he told me that the item would be sent back to the place of origin. I in turn deiced to hold on to the damaged item until a proper settlement could be settled though UPS for the full amount of the claim.
Months went by and I decided to call UPS and question the matter myself. I was told by UPS that the claim was filed, process, and completed. The full amount of $2000 was paid out and the check was issued to the sender, my acquaintance. I then called to question this and was simply told that he never received a check from UPS for the claim. I then called back UPS, confirmed that the claim amount was issued, and asked for documentation to be faxed to me. I did receive a fax stating the claim number, the amount of payout; $2000, and the date that it was paid out. Ironically the date that the payout was issued was just a couple of days before I received a call from him stating that UPS would only pay $500 of the damages. I then called back my acquaintance and informed him that UPS is correct in the full amount of the claim and that I had proof of it. He simply told me that he never received a payout and that he is tired of pursuing this matter and that if there was anything that I wanted to investigate that I should do it myself from now on and stop harassing him.
What I'm asking from you guys how bullet proof is my case. I honestly believe that I am in the right, but at the same time I feel that he "trapped" me by giving me an option of either $500 or the damaged item. At the same time since the item was insured though his UPS account does he even have a say-so as to what could be done with the insurance claim? In other words could he be entitled to the payout?
Also one last thing. If and when I do take this to Small Claims, I would like to add interest for the time that he has had the insurance payout. I would like to know how much I can ask the courts. Please don't simply state "anything", but a more logical amount or percentage.
Thank you and MTIA,
JC
Two years ago I was involved with an individual whom I knew very well. I made arrangements with him to purchase an automotive item "through" him. He was nothing more than the middle man. The item was purchased from overseas; payment was taken from my CC, and received and processed by him. The item was paid for by me along with the S/H and shipping insurance charges. The S/H was accommodated though him and though his UPS account. Upon receiving the item I found that it was damaged. I immediately contacted my acquaintance who in turn verified that the item was damaged and went abouts in filing a UPS insurance claim on my behalf. A couple weeks later UPS came to my residence and photographed and documented the damage. Months went by and I didn't hear anything. I called my acquaintance to get a follow up, but there was no new news. I continued calling him to the point that he gave me his UPS account info and was told to simply investigate it myself. I did so only to be told that the claim is still in process.Later was told by my acquaintance, that I would need to bring the damaged item back to him so that he could bring it to UPS for finial inspection. I did so, delivering the item back to him. Months went by and I didn't get a reply as to the status of the claim. Later I receive a call from him to tell me that UPS did agree to pay for the damages, but only up to $500. The item was insured for $2000. I did not agree with the settlement and asked what other options I had. He told me that I can either take the $500 or take back the damaged item. Seeing that I paid $2250 for the item and its shipping. I could not constitute accepting $500 while still losing $1750 and not even being left with the damaged item. UPS policy is that all damaged items that are claimed under insurance are to be sent back the sender. UPS records showed that my acquaintance is the sender/shipper; not the place of origin. I confirmed with my acquaintance about this and he told me that the item would be sent back to the place of origin. I in turn deiced to hold on to the damaged item until a proper settlement could be settled though UPS for the full amount of the claim.
Months went by and I decided to call UPS and question the matter myself. I was told by UPS that the claim was filed, process, and completed. The full amount of $2000 was paid out and the check was issued to the sender, my acquaintance. I then called to question this and was simply told that he never received a check from UPS for the claim. I then called back UPS, confirmed that the claim amount was issued, and asked for documentation to be faxed to me. I did receive a fax stating the claim number, the amount of payout; $2000, and the date that it was paid out. Ironically the date that the payout was issued was just a couple of days before I received a call from him stating that UPS would only pay $500 of the damages. I then called back my acquaintance and informed him that UPS is correct in the full amount of the claim and that I had proof of it. He simply told me that he never received a payout and that he is tired of pursuing this matter and that if there was anything that I wanted to investigate that I should do it myself from now on and stop harassing him.
What I'm asking from you guys how bullet proof is my case. I honestly believe that I am in the right, but at the same time I feel that he "trapped" me by giving me an option of either $500 or the damaged item. At the same time since the item was insured though his UPS account does he even have a say-so as to what could be done with the insurance claim? In other words could he be entitled to the payout?
Also one last thing. If and when I do take this to Small Claims, I would like to add interest for the time that he has had the insurance payout. I would like to know how much I can ask the courts. Please don't simply state "anything", but a more logical amount or percentage.
Thank you and MTIA,
JC
