Dan's FedEx Damage claim Update - DENIED

drawtheline55

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I will go to small claims court if necessary.
Dan, I like your fortitude, but may I throw something in, I have been to court....and never lost, not bragging
just sayin.....You may want to pursue a law that I am pretty sure exists in every state, here in MA
it is Called chapter 93a.....false and deceptive business practices.

If you...in good faith boxed up your gear well....and in new fed ex boxes...and THEY...fedex took your money for insurance AND did not tell you that because..YOU boxed them up....the chances of an insurance claim will be probably denied. That to me is a company entering into false and deceptive business practices.

NOW your claim of replacement cost of the drum goes out the window, here in Mass, you would be suing for
double to treble damages PLUS reasonable attorneys fees....

Now your claim is for up to 3 times the amount plus legal bills.

I recently sued Paypal under this law....and I bought the product from...guess what a lawyer
he told me..."you will never get a dime out of Paypal........I won...and got my money.

This is from the FTC

  • Deceptive guarantees or failing to fully disclose the material terms of a guarantee
Fed ex should have said...."hey dude no matter how well packed it is, we probably won't honor the insurance...sign here for a waiver."

They didnt.......I think this law fits your situation to a tee.
 
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tillerva

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I’ve had one claim from shipping ever and won. It was from Fed Ex so good luck, maybe there’s hope.
i only insure stuff that is very expensive as I agree usually it’s not worth it.
 

dboomer

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This will probably make me unpopular, but you do have “lack of packing“ by definition. Fedex’s published rules call for 3” of packing on each side of the item. There”s no way you can have 3“ of packing on a 22” bass drum inside a 28x28 box.
 

drumtimejohn

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I also wonder what implications come from altering the new box by cutting it down. Again, sorry this situation happened Dan. I appreciate you keeping us in the loop. There’s a lot we can learn from this unfortunate experience.
 

fun2drum

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I will go to small claims court if necessary.
Since technically it's insurance by their own definition, I would think your state's department of insurance would have jurisdiction. Filing a complaint doesn't cost you anything, and a letter of investigation from the government agency that regulates insurance entities may get their attention without having to spend more of your money. The downside is that they won't be as aggressive as an attorney would be, and it would take some time, especially with current staffing issues and many government employees working from home. Here's a link to the form if you want to try it: https://cdiapps.insurance.ca.gov/CP/login/
 

musiqman

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Dan, I like your fortitude, but may I throw something in, I have been to court....and never lost, not bragging
just sayin.....You may want to pursue a law that I am pretty sure exists in every state, here in MA
it is Called chapter 93a.....false and deceptive business practices.

If you...in good faith boxed up your gear well....and in new fed ex boxes...and THEY...fedex took your money for insurance AND did not tell you that because..YOU boxed them up....the chances of an insurance claim will be probably denied. That to me is a company entering into false and deceptive business practices.

NOW your claim of replacement cost of the drum goes out the window, here in Mass, you would be suing for
double to treble damages PLUS reasonable attorneys fees....

Now your claim is for up to 3 times the amount plus legal bills.

I recently sued Paypal under this law....and I bought the product from...guess what a lawyer
he told me..."you will never get a dime out of Paypal........I won...and got my money.

This is from the FTC

  • Deceptive guarantees or failing to fully disclose the material terms of a guarantee
Fed ex should have said...."hey dude no matter how well packed it is, we probably won't honor the insurance...sign here for a waiver."

They didnt.......I think this law fits your situation to a tee.
Sorry. Off topic. You sued PP AND won?

Now that sounds like music to my ears because they malpractice a lot those *****
 

drawtheline55

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Sorry. Off topic. You sued PP AND won?

Now that sounds like music to my ears because they malpractice a lot those *****
Yes I did, long story short, I bought a piece of audio gear for 1750.00 seller (who was a lawyer) took it to fede ex and they boxed it up he fully insured it, it came dented and didnt work. He filed, they offered way less, he took it, I said dude sue them, he said oh they will just tie me up in court etc.

I filed a claim with paypal......here is the key... I TOOK PICS OF ALL OF THEIR CORRESPONDENCE.
They denied the claim and whoosh all info vanished.

I had my lawyer write a Chapter 93a letter (false and deceptive business practices)
I NOW am no longer looking for the $1750 I am now suing for 3x the amount $5250.00 PLUS
Legal bills, would be around 1500.00 =$6750.00

I told them in the letter, I have full documentation of what they said to me.

3 weeks later I received my money.
 

Treviso1

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Dan, I like your fortitude, but may I throw something in, I have been to court....and never lost, not bragging
just sayin.....You may want to pursue a law that I am pretty sure exists in every state, here in MA
it is Called chapter 93a.....false and deceptive business practices.

If you...in good faith boxed up your gear well....and in new fed ex boxes...and THEY...fedex took your money for insurance AND did not tell you that because..YOU boxed them up....the chances of an insurance claim will be probably denied. That to me is a company entering into false and deceptive business practices.

NOW your claim of replacement cost of the drum goes out the window, here in Mass, you would be suing for
double to treble damages PLUS reasonable attorneys fees....

Now your claim is for up to 3 times the amount plus legal bills.

I recently sued Paypal under this law....and I bought the product from...guess what a lawyer
he told me..."you will never get a dime out of Paypal........I won...and got my money.

This is from the FTC

  • Deceptive guarantees or failing to fully disclose the material terms of a guarantee
Fed ex should have said...."hey dude no matter how well packed it is, we probably won't honor the insurance...sign here for a waiver."

They didnt.......I think this law fits your situation to a tee.
This advice is worth it's weight in gold. Thank you!
 

DanRH

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Yes I did, long story short, I bought a piece of audio gear for 1750.00 seller (who was a lawyer) took it to fede ex and they boxed it up he fully insured it, it came dented and didnt work. He filed, they offered way less, he took it, I said dude sue them, he said oh they will just tie me up in court etc.

I filed a claim with paypal......here is the key... I TOOK PICS OF ALL OF THEIR CORRESPONDENCE.
They denied the claim and whoosh all info vanished.

I had my lawyer write a Chapter 93a letter (false and deceptive business practices)
I NOW am no longer looking for the $1750 I am now suing for 3x the amount $5250.00 PLUS
Legal bills, would be around 1500.00 =$6750.00

I told them in the letter, I have full documentation of what they said to me.

3 weeks later I received my money.
Thank you Ben. Hopefully it won’t get to that.
 

drawtheline55

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Thank you Ben. Hopefully it won’t get to that.
Thanks, just want to be clear I am not a lawyer but I have had a fair amount experience for someone who is not a lawyer etc, and yes hope it works out.
 
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SpinaDude

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Dan, I'm so sorry you're going through this. I hope it all works out for you with as little aggravation as possible. It's sad that you have to fight with them to do the right thing.
 

backtodrum

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Teamster union is the strongest lobby in the US. They have seen to it they are not responsible for shipping accidents... I dealt with it for years early in my sales carrier in contract office furniture. They would damage something and just off load it and the driver would say to the receiver to turn it into their claims rep and he would settle it. They then would get in their truck drive off and that would be the end of it usually because you would never get anywhere with the carrier claims rep. Most times the manufacturer would just send out a new piece at their expense... There needs to be more accountability from the shipping carriers but it will take an act of congress to accomplish it.
 

jmetatual

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Yes I did, long story short, I bought a piece of audio gear for 1750.00 seller (who was a lawyer) took it to fede ex and they boxed it up he fully insured it, it came dented and didnt work. He filed, they offered way less, he took it, I said dude sue them, he said oh they will just tie me up in court etc.

I filed a claim with paypal......here is the key... I TOOK PICS OF ALL OF THEIR CORRESPONDENCE.
They denied the claim and whoosh all info vanished.

I had my lawyer write a Chapter 93a letter (false and deceptive business practices)
I NOW am no longer looking for the $1750 I am now suing for 3x the amount $5250.00 PLUS
Legal bills, would be around 1500.00 =$6750.00

I told them in the letter, I have full documentation of what they said to me.

3 weeks later I received my money.
Was there two settlements in this case? What happened to the settlement money the seller accepted? Did Paypal settle with you for $1750.00 or $5250.00 PLUS?
 

wflkurt

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Not like I can be any help in this much but did Fed Ex ask to open your box and look how you packed it before it shipped? I just sent two snare drums in a single box to Florida (I'm in NH) and I packed the crap out of that box. When I got to Fed Ex and asked for $700 in insurance, they asked to look into the box to see how I packed them. I was reluctant as they were very tightly packed but I said OK. The woman said that unless they repacked them, I would have no chance at fighting a claim. I ended up just saying screw it and sent it anyway as I didn't want to pay to have them repack even though I knew mine was good. The box made it fine. It was banged up a bit but the snare drums were good.

Hope you get this worked out Dan.
 

Old Dog

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This will probably make me unpopular, but you do have “lack of packing“ by definition. Fedex’s published rules call for 3” of packing on each side of the item. There”s no way you can have 3“ of packing on a 22” bass drum inside a 28x28 box.
I was going to mention something similar. BUT, if the frickin' people loading and delivering would treat the packages with respect--it would CERTAINLY HELP. I NEVER have damaged packages that I ship out. HOWEVER, I've only been buying drums in the last 18 months, NO selling yet. I know that is NOT easy to nest them and protect them in such a way that it can guarantee no damage. But, It looks as if you could have done a slight bit better. That's not taking away from the fact that the box was obviously thrown or dropped or they bowled with it out in the frickin' p.lot. :scratch:
 

Tigerdrummer

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I was going to mention something similar. BUT, if the frickin' people loading and delivering would treat the packages with respect--it would CERTAINLY HELP. I NEVER have damaged packages that I ship out. HOWEVER, I've only been buying drums in the last 18 months, NO selling yet. I know that is NOT easy to nest them and protect them in such a way that it can guarantee no damage. But, It looks as if you could have done a slight bit better. That's not taking away from the fact that the box was obviously thrown or dropped or they bowled with it out in the frickin' p.lot. :scratch:
I so agree. There is nothing that bugs me like not treating musical instruments and books with the respect they deserve. It is like disrespecting a painting or other art form.
 

drawtheline55

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Was there two settlements in this case? What happened to the settlement money the seller accepted? Did Paypal settle with you for $1750.00 or $5250.00 PLUS?
The seller didnt get the money, I did ($1750.00) I was suing Paypal for 3x that or 5250 plus legal bills
if they did not refund the $1750.00, which they did instead of going to court.

It gets better, the seller did receive $650.00 from fedex for the claim, I said I should get that money and that I was then going after paypal...if he sent me the $650.00 I told him he would be not liable in any way
even if I did not get a dime from paypal. He agreed and sent the $650.00 to me, then I started my filings with paypal. So the seller is now whole (he got his 1750 from me for the purchase)

I now have 650.00 and sued paypal......3 weeks after the 93a letter was sent I received my 1750.00
I now have 650.00 plus the 1750.00 and the unit, I told my lawyer that if paypal wants this doorstop
they can come and get it, I waited 3 months, heard nothing....and I am now adding up storage charges
I aint no hotel.....I then sell the unit for parts use only and got 1100.00

My legal bill to write the letter was 150.00 ( i have used this lawyer before and he gives me reasonable fees.

So i got my 1750.00 back and made 1500 clear to boot, go figure.

PS here is part of the demand letter that was written to paypal.

Demand is hereby made for $1,750.00. Your failure to honor your contractual obligations and obvious failure to investigate this matter is an unfair trade or business practice and a violation of Massachusetts General Laws Chapter 93A. You have thirty (30) days from receipt of this correspondence to make a reasonable settlement offer or we will have no choice but to file an action in the appropriate court. Massachusetts General Laws Chapter 93A provides for triple damages plus reasonable attorney fees.
 
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