any lawyers in this forum care to give an advice?


Purchased a pretty expensive speakers outside of audiogon, from a retail store. Arrived damaged, claims denied, been getting the runaround since the purchase date. Last few months, avoiding contact through email, text and phone calls. I’ve been very professional and patient.......any advice or help will be appreciated..This is a problem between the seller and its shipper, not me....I’m just a receiver of damaged item........thankyou

sambo00701

wow, thank you guys for awesome inputs. Yes, package was somewhat damaged. During freight delivery, the driver also stack the speakers on top of another. They are about 200lbs/ each. I took pics of that. I also yelled at the driver. Simply left it stacked front of my yard. Yes, i informed the seller right away. I never signed for the paper, it was forged signature when I requested a copy of paperwork from the freight company. Paid by credit card. No paypal. sorry to disclose, but 5 figure $ item. thankyou Again everyone. Alot of things to consider.

Your first step should have been to refuse shipment call shipping co. and reported damage and that you were refusing receipt. Then you should have contacted the seller and had him report the damage to shipping company to start claim process. Once you took delivery moved into your home snd opened them you list you case. You should have left them in the yard where they were delivered took pictures and also disputed payment with your credit card company.

A couple of years ago I proceeded to rebuild my surrounds.(baby towers) I ordered the new drives, Binding posts and some new Capacitors from an prominent online dealer. Their shipment was automatically insured for #100 which only constituted 1/4th of the cost but I had no idea of what I was in for.
I tracked the package through the USPS and it was supposed to be “On the Truck for Delivery” on a Friday afternoon. I waited and no delivery was made. Then I got notice that it was “On the Truck for Delivery” to be delivered on Saturday. I just happened to be sitting next to the Front entry way of the apt building around noon and I got an email stating that the Postman tried to deliver the package a couple of minutes past noon, but that was an outright lie. Then that afternoon about 5:30 I got an E-Mail stating that the package was delivered “In or Around the Mailbox”. My Apt is 25 yards from the boxes and in a direct line of sight. Also I have a perfect view of the parking lot. No truck had been at our building and within 30 seconds I was outside my door headed to the Post boxes. There was no package anywhere near.
I went to the main Postal Station (Mile High Station) which is about 3 miles away in down town Denver and talked to the Post Master. He claimed that it was delivered though it was almost unintelligible as his English was almost unrecognizable. He called the Carrier while aI was there and the carrier denied the delivery, but the post master claimed that the carriers hand scanner had scanned the package at the time stated in the E-Mail as delivered. The next day I talked to the carrier in person and he told me that he was indeed the carrier on that route on the Saturday in question but he had NOT DELIVERED ANY PACKAGE OF ANY KIND, to this building. The bottom line is the USPS claiming that it was delivered denied the insurance claim. It took months but I did get the Online Dealer to take responsibility and they reimbursed me for the original cost. You have absolutely NO RIGHTS when you are fighting the USP as they can say whatever they want and get away with it. You are totally at the mercy of the originating shipper so always check the track record and hopefully that of their delivery history and complaints before forking over any money to ANYONE.

@sambo00701

Can you tell us the nature and severity of the damage? Is there functional damage to the speakers?  Pretty rare to have damaged goods with minor box damage...but it does happen. I recently ordered a four shelf equipment stand with three inch solid maple shelves. The shelves were fully protected with solid styrofoam and a heavy box. A corner of one shelf had a 1/2" flattened corner as if it was dropped on a corner. The guy that made the shelves photographs all before shipment and no damage, but both box and styrofoam were 100%. We couldn’t claim that the shipper was at fault because there wasn’t any damage to the box.  Perhaps, you are in the same position as both myself and the vendor found ourselves in.  The vendor offered to repair the shelf, or refund $200.  

 

The lawyers are working for pay. Beware of that.

Great point. 

 

Seriously? Do you work for free? How about your mechanic or doctor?

 

Most of the advice thus far is what can be done long before you reach this stage. At this point you likely need a lawyer since no one is speaking to you, you allege there is a forged delivery signature and there is a significant about of money at risk. A  lawyer can give you state specific advice of your rights and remedies at this stage of the transaction. There are usually time limitations for your remedies and you are spending valuable time looking for a "magic bullet" on the forum.