Re: What to do with a shipper legally?

Hah.. I'm not going to just roll over and get screwed that's for sure. But,
i'm also not interested in taking a greedy and/or vindictive approach they
are giving me. They do get a lot of business from people in the gaming
world so i'm not sure they really want the black eye, but evidence is in my
favor on this one. How's this one for ironic.. the 'manager' insisted that
the act of dropping off COD items without payment was commonplace and
drivers do it because they don't want to make another trip out in response
to my statement that the terms of the bill of lading stated payment was due
before delivery.. So, basically, he was justifying a driver doing whatever
the hell they wanted in the field... HOWEVER, when you read the fine print
of what your signature means on the bill of lading itself it says "Carriers
driver is not authorized to change terms and conditions".


"Zero dB" <no@xxxxxxxxx> wrote in message
news:dq10i3te3ic1f890ui51vq8fnfabn707vu@xxxxxxxxxx
Fight it tooth and nail! For your sake and for the sake of deterring
this type of behavior in the future by adding to the collective of the
willing to stand and fight!

So often nowadays people are bullied into overpaying, re-paying etc.
just by the spectre of "ooooo we'll tick your credit report". The
truth will usually ring true as long as the subject is in the right
and honest (as you obviously ARE). Your receipt + honesty + the
will to fight will prevail.

Stick it to them for yourself, those preceding yourself unable to
fight and that it may deter such bad behavior in teh future.

*** that!!!!

-0


On Wed, 24 Oct 2007 19:09:55 -0400, "prOk" <bsonej@xxxxxxxxxxx> wrote:

Here's the scenario.. 2 years ago I had game shipped to my home across
country by a well known shipping company. It was arranged by the seller
of
the item and sent COD to me for over 300.00. The shipper arrived, I paid
cash, shipper delivered everyone signed the bill of lading and went on
their
merry way just as i've done many times before.

Two years later, I start getting letters saying the shipper audited their
books and apparently nobody wrote on the bill of lading that payment was
made, so they want me to pay the bill again and are now threatening
collections. So, the reality is, I paid the COD bill and have a delivered
item to show for it but the shipper says, no written payment on the bill
of
lading means I didn't pay and must do so now regardless of any other
circumstances. What do you do? Pay it again and walk away? Challenge it?
Sue them before they sue me? I've never been in such an awkward situation
where I know 100% sure what I did, but have no way at all to prove it as
their driver didn't do what their own procedures state.. The bill of
lading indeed says right on it, payment due before delivery which is
indeed
what happened, he just didn't write it down (there's nothing there saying
nothing was paid any more than it says it was). The shipper simply
doesn't
care, if it wasn't written down it really doesn't matter that it says
payment due before delivery because 'drivers do that all the time'. That
in itself is a contradiction where you hold me to the letter of a policy
where the driver is supposed to write payment down on the BOL, but when
it's
not in their favor they 'do it all the time' and can be ignored. I'm
honestly disgusted by the way i'm being treated and still hold out hope
they'll do the right thing but what would you all do in this situation?

Thanks for the 'unofficial' legal advise in advance :)

I'm witholding the who's at this point pending my decision on what action
to
take. It's not that I can't afford to pay this again, it's the principle
that I feel like i'm being strongarmed into paying it so they can correct
their shoddy bookwork. Not sure yet, but the cheapest and least painful
way
to make the whole thing go away might just be to give them their blood
money
and then pass the appropriate word of mouth advertising to everyone I can.

/b



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