[Jewelry making - Article 00696] - Re: [Orchid] FedEx nightmare

[Marianne Hunter]

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    Shipping/ Insurance 

    First, I'm very sorry for the grief Fed-ex is giving you. But, do
    stand firm if you have indeed paid for insurance from a carrier.  As
    Daniel pointed out, if you have followed the company's own stated
    procedures and they have accepted your money in payment for the
    stated amount, then you do indeed have a contract. 

    In a similar dispute with UPS many years ago I experienced the same
    ENDLESS run around.  that seems to be the way claims they do not
    want to recognize are handled...they will simply try to wear you
    down to the point of surrender.  How did I win?  I put in a claim to
    the county court in MY OWN TOWN and subpoenaed 3 different UPS
    officials to appear.  This is not costly, you are entitled to do
    this and the clerk of the local court can walk you through it. You
    don't need a lawyer for small claims court, if your claim should
    fall within that  classification.  the reasons you can and should
    file the claim in your own town? 1. The contract was entered into
    when your driver picked up your package and UPS accepted it and your
    insured amount.  so the dispute originates there.  2. This puts the
    case in your court not the company's hometown court.  3. the company
    will then have to present the subpoenaed  individuals to testify in
    court or forfeit there side of the case (you win!).  The carrier is
    then much more likely to simply pay you what you are indeed owed,
    since actually going before the judge will set a precedence they may
    not want documented.  Filing in small claims court is very easy and
    not expensive. stop wasting your time and breath arguing with one
    flunky after another and make the big guns come to you and face the
    fact that you are just plain right! good luck! marianne hunter


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