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Unresolved dispute with Blk Cts V

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Old 08-29-2008, 05:36 PM
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RanGer498
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Default Unresolved dispute with Blk Cts V

Ok here is what happen .

On Aug. 1, 2008 Time: 20:01:23 EDT i paid member Blk Cts V who i also now see runs a Business Named houston autosports (as per paypal) for some parts that he was selling on this thread .

http://forums.corvetteforum.com/show...503&highlight=

Blk Cts V was selling:
1-HUD display(with no damage)
2-Instrument cluster for c6(with no damage)
3-Instrument Cluster Bezel with all controls and a harness(with no damage)

as per our pms he stated all items where in perfect working order and had NO damage at all.

He was selling the entire kit for 500.00 dollars. + shipping

we agreed on 500.00 shipped for all the main thing i want was the hud display and control for my hud install and the Instrument cluster so i can install some cusome overlays and not take teh chance of damaging mine.

On 8/8/08 UPS tried to delive the box the first time but i was not home .

On 08/11/2008 the box was delivered to me personaly but the box was open already
when i open the box in fron of the UPS guy i noticed parts where missing and items where damaged .
I was then asked by the UPS driver if i wanted to refuse the box ?
But i explained to him i dont think i should since the last time i refused a shippment (a damaged tire/wheel combo for my mustang) from a company called American Muscle they told me i should have accpecpted the box and called them for an RA # first, due to that my claim took over a month to get fixed.
He agreed and told me he would make a note the box came open.


So this time this is what i did.
-I took the box
-I sent Blk Cts V a pm since i did not have a # for him and told him the item arrived damaged due to packing and to call me

-I then called UPS and told them what happen and what was wrong exactly with the damaged items and the missing items.

UPS told me they would send someone to pick up the box the next day and they did .
Tracking Number: 1Z 3E8 8A6 03 3779 142 8

Blk Cts V then sent me a pm the next day 8/12/08 and told me he tried to call but no one picked up and to email him pics blkctsv@aol.com and that package was insured for $500.00 through UPS .

I sent him an email and i explained to him what happen and that items where missing and that the main items needed where damaged .


On 8/13/08( i belive it was )we spoke on the phone ,I told him what had happen and how poorly the box was secured(taped up) by whom ever packed it and what i found in the box and the condition exactly, He then told me again not to worry its covered well after a few days i sent him a pm asking him for an update he replies on 8/17/08 "None at all."

a few days after i asked him to refund me my money as hes already holding me up on my install and that i already purchased another HUD unit from another member
http://forums.corvetteforum.com/show...&highlight=hud
and i can already see he recived the item and that UPS claims on the tracking # "THE PACKAGE WAS DAMAGED IN TRANSIT UPS WILL NOTIFY THE SENDER WITH THE DETAILS / ALL MERCHANDISE IS BEING RETURNED. UPS WILL NOTIFY THE SENDER WITH DETAILS OF THE DAMAGE "

He calls me a few days later and leaves me a message to tell me he thinks someone opened the box and took some items out (no clue sherlock i told you and ups that already) and that UPS is not willing to pay him

He then goes to tell me indirectly that he thinks i took the Instrument Cluster Bezel (an item i dont need since i purchased one from Donn'sCpe)
http://forums.corvetteforum.com/show...223&highlight=
and the harness (another item i dont need since you need a special one to make it work and i what he did not know was GMautotech had been making me one already prior to him sending me the damaged items)

Well the story right now is Blk Cts V is still claiming UPS did not pay him ,Paypal will not refund me my funds (last time i pay using My funds in my paypal account, next time its amex and paypal so i dont get screwed)

As for the second HUD unit i purchased it came damaged as well the seller was going to refund me my funds but when i went directly to the GM parts counter to purchase a new HUD unit they told me they had to have the old unit as a core or they would not sell me the HUD unit
(not sure if they scammed me as well)so i gave them the damaged one and ate the 220.

I purchased another HUD/instrument cluster combo from Pick-A-Part
http://forums.corvetteforum.com/show...993&highlight=
But i dont need the hud unit and he had the cluster the exact way i wanted and ill be posting that FS after i make sure it works perfect .

Anyways you can see the drama im going through not to add i still need the control for the HUD unit

also i have pics of the box the way it came from UPS and of the damaged items and of some small parts that im guessing where from the Instrument Cluster Bezel or the other items in the box .

Your input ?
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Old 08-29-2008, 05:39 PM
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Sorry for the long post. but i have been up since 4am and got off duty a little after 230pm and cant go to sleep till late as i have family comming over and have to be back at work at 430 am.
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Old 08-29-2008, 07:18 PM
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Wayne O
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That's quite the saga...I'm sorry for your...for everyone's troubles. This is interesting (not to make light of the situation) and complex...I'm not sure who would be assessed liability in the matter. At this point I don't think it helps to call Blk Cts V a "scammer."

Say it's a given the box arrived open, with items missing and damaged (per your inspection and inventory at the time of delivery). Just playing Devil's Advocate, I don't quite follow your statement the items arrived "damaged due to packing." I assume here you mean the damage/loss resulted from the seller improperly packaging the items. This may or may not be...the items may have been packed 'sufficiently' and the damage and possible loss of items resulting from circumstances beyond the seller's control or through no fault of the seller. The last time I shipped items through UPS they had certain rules on acceptable packaging.

Perhaps you should have refused shipment. Obviously, a private seller would not require any RA# to return a damaged item. This would also have taken you out of the chain of possession.

At this point, the seller has been paid for the items; the seller now possesses only some of the items and those items he has are damaged...I can somewhat understand why he may not want to refund the money believing the loss was no fault of his own. He really doesn't have a lot of motivation to vigorously pursue the claim against UPS either. It's a question of who wants to be left holding the bag. Is there any way you can get involved in the insurance claim process? You may not want to cloud the issue with UPS about poor packaging. You might just take the approach with UPS that the package arrived damaged; items missing and other items damaged...period.

It almost sounds to me like UPS doesn't fully understand the sequence of events. Make sure UPS understands exactly what happened and when. I'd try to get a phone number to talk (nicely) with the seller directly...see if you can contact UPS directly about the insurance claim if possible. Understand the seller may not be responsible for the loss of items or damages either. You should at least have good communication...you should somehow be able to verify he is making a good faith effort to obtain payment from the insurance company. Maybe the seller can more fully involve you in the claim process.

Document everything as best you can...printout all correspondence you had with the Seller...with UPS if any. See if you can get the delivery person's notes from when you accepted the package or even a written statement from the UPS delivery person (as to what happened, the condition of the package, missing contents, damage items, etc.) sooner than later (memory fades with each passing day).

Ultimately, if the insurance company doesn't pay and the seller doesn't reimburse you, you may not have much recourse other than legal action against the seller and/or UPS. Then there's a question whether or not you'd prevail and whether it's even worth the cost to pursue. The seller could always say I sent the items packed sufficiently and in good condition...it's not my fault items were missing and damaged. Also, he can say it's not his fault the insurance company won't pay.

On the other hand, it doesn't seem equitable that you're out money for damaged items...missing items and items you no longer have in your possession (although the seller could offer to send the damaged items back to you).

I still think that maybe UPS/the insurance company doesn't fully understand what happened and when. I'd work on that angle first. Good luck and keep us posted.
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Old 08-29-2008, 08:13 PM
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whewww... this has been alot of reading.... good luck on your claim
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Old 08-29-2008, 08:22 PM
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Just for reference, I had a similar issue..... different vendor. I ordered an iPod on the web from Apple. I received an EMPTY padded envelope three days later. UPS driver noted this on his computer thing and took envelope with him. I called Apple and explained what happened along with the number the UPS guy gave me. The next day I had an iPOD (in a BOX this time). That's how its supposed to work! As soon as your 'vendor' was notified by UPS of the issue, he should have refunded your money.
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Old 08-29-2008, 08:22 PM
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UPS is fully liable for the claim that the shipper would have had to file. The fact that an inspector felt that UPS was not at fault means little. The shipper must call UPS and explain the circumstances. The simple fact that it was fully insured, and delivered in an open and damaged box, obligates UPS to settle with the shipper.

As a shipper, I have had similar claims placed and have always gotten paid by UPS. If the seller files a dispute with UPS, he will get the money back from them.

After UPS settles , the seller should be able to honor your request for a full refund. This does not, at least to me, indicate that the seller is dishonest ... only unfamiliar with how the UPS claims game works.
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Old 08-29-2008, 08:23 PM
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Originally Posted by gsport
whewww... this has been alot of reading.... good luck on your claim
That's probably the two longest back-to-back posts that I have ever seen here........I hope that he can get everything resolved....same thing happened to me as the shipper when I tried to send something...the box came open and most of the contents spilled out somewhere along the way. I quickly sent my buyer a refund and was just out the amount I'd been paid AND the shipping...the good will the next time you might want to sell something is worth it....
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Old 08-29-2008, 08:31 PM
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I understand your point.

here is how the box arrived to me



Well i called UPS (1-800-pick-ups ) yesterday to see what they can tell me and the lady told me its between them and the seller only and they cant give me any info.

Well today i called (just a few mins ago )and explained to them the problem the girl told me that the paper work has been sent out to him and that he is getting credited the full amount for the package and that he has been told this.

When you look at the tracking # 1Z 3E8 8A6 03 3779 142 8 www.ups.com

It clearly states what happen and that they do claim it was damaged in TRANSIT.
Anyone can copy and paste the tracking # in the ups web site

here is the info just incase

Package Progress:
Location Date Local Time Description [LIST][*]HOUSTON,[*]TX, US 08/20/2008 12:17 P.M. DELIVERY
08/20/2008 5:53 A.M. OUT FOR DELIVERY [*]HOUSTON,
TX, US 08/19/2008 8:29 A.M. ARRIVAL SCAN [*]SECAUCUS,
NJ, US 08/15/2008 5:11 A.M. DEPARTURE SCAN [*]SECAUCUS,
NJ, US 08/14/2008 4:55 P.M. THE PACKAGE WAS DAMAGED IN TRANSIT. UPS WILL NOTIFY THE SENDER WITH THE DETAILS / ALL MERCHANDISE IS BEING RETURNED. UPS WILL NOTIFY THE SENDER WITH DETAILS OF THE DAMAGE [*]SECAUCUS,
NJ, US 08/13/2008 7:00 P.M. PACKAGE REPORTED PICKED UP
08/13/2008 7:00 P.M. PICKUP SCAN [*]SECAUCUS,
NJ, US 08/12/2008 4:58 P.M. DAMAGE INSPECTION REQUEST CHANGED [*]SECAUCUS,
NJ, US 08/11/2008 3:01 P.M. DAMAGE INSPECTION SCHEDULED
08/11/2008 2:24 P.M. DELIVERY
08/11/2008 4:27 A.M. OUT FOR DELIVERY [*]SECAUCUS,
NJ, US 08/08/2008 3:12 P.M. THE RECEIVER WAS UNAVAILABLE TO SIGN ON THE 1ST DELIVERY ATTEMPT. A 2ND DELIVERY ATTEMPT WILL BE MADE
08/08/2008 5:18 A.M. OUT FOR DELIVERY
08/08/2008 1:31 A.M. ARRIVAL SCAN [*]PARSIPPANY,
NJ, US 08/08/2008 12:50 A.M. DEPARTURE SCAN [*]PARSIPPANY,
NJ, US 08/07/2008 3:50 P.M. ARRIVAL SCAN [*]HOUSTON,
TX, US 08/06/2008 8:41 A.M. DEPARTURE SCAN [*]HOUSTON,
TX, US 08/05/2008 9:18 P.M. ARRIVAL SCAN
08/05/2008 8:45 P.M. DEPARTURE SCAN
08/05/2008 8:28 P.M. ORIGIN SCAN [*]US 08/05/2008 7:35 P.M. BILLING INFORMATION RECEIVED [*]Tracking results provided by UPS: 08/29/2008 7:50 P.M. ET
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Old 08-29-2008, 08:47 PM
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The web site states they(UPS) where at fault .
Now after calling ups a 2nd time, UPS just told me he was getting paid and that the foums where sent to him .

Thing is he told me he was denied the claim and would not be sendling me any funds and that he think (telling me indirectly) that i took the items that are missing out of the box and that i damaged the items.

This statement was a plain an insult to me as i have been more than honest with the guys and girls here.

ask anyone who has done any transaction with me here or on the forum where im a S-moderator at (supraforums.com)

Im not sure why he would lie to me and tell me he was not getting paid when he is.

sad thing is this is the first time this has happen to me and i tried my best to work things out with him .
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Old 08-29-2008, 08:59 PM
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I'm not sure you or I understand fully the UPS reimbursement process. I know I don't, and from your posts, you don't seem to. From what I've read (never had the bad break), it takes awhile for UPS to reimburse anyone. And it is always the shipper that has to request it, and get paid for it.

At the time, he may have not known if he was getting reimbursed. Instead of treating him like a "scammer" or turd, as difficult as it might be, I'd try to re-contact him and work things out for a refund, complete with your sending him back the parts.

In the future, for those who don't know about it, there is a service called escrow.com. I've used them, it's painless, doesn't cost much, and quite frankly protects the buyer AND the seller. Even if the buyer has to pay the whole thing, it's not that much---and certainly not that much for peace of mind. Look at what you're going thru now.

I didn't follow that recently, and I'm happy to report it was with another CF member and everything turned out just fine. Had it not been an honorable, standup, CF member, things could easily have gone the other way, and I would've been out over 500 smackers. It would've served me right because I knew better. I'd used escrow.com a couple years ago.

Hope things get better for you, Ran.
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Old 08-29-2008, 09:11 PM
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The responsibility belongs to Blk Cts V until the purchased items are successfully delivered whole and intact to RanGer498. Blk Cts V needs to refund asap and get his money from the brown boys. This is part of the risk of doing mail order business.

Blk Cts V why don;t you chime in?
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Old 08-29-2008, 09:18 PM
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Hope it works out for you but I agree with AORoads and would contact the seller again. He's been here since 2005 and I would doubt he's leaving now. Probably a misunderstanding between he and UPS, or at least that is what I am hoping. Good luck.
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Old 08-29-2008, 09:22 PM
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I understand what your telling me AORoads but he claims they are not going to pay him and UPS claims other wise and the items where picked up by ups and sent back to him already (see the tracking # posted)
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Old 08-29-2008, 09:25 PM
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Originally Posted by Spyder207
Hope it works out for you but I agree with AORoads and would contact the seller again. He's been here since 2005 and I would doubt he's leaving now. Probably a misunderstanding between he and UPS, or at least that is what I am hoping. Good luck.
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Old 08-29-2008, 09:28 PM
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I don't believe I would have accepted that box in THAT CONDITION. Just me. Hope all goes well.
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Old 08-29-2008, 10:11 PM
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Originally Posted by bapd77
I don't believe I would have accepted that box in THAT CONDITION. Just me. Hope all goes well.
next time i know better for sure.
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Old 08-29-2008, 10:55 PM
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Sorry Ranger - I think once you accepted the box, you finalized the agreement and the liability from that point transfers to you. Just a bad series of circumstances all around. If the seller does get an insurance claim however, your money should be returned in full. I believe you would have legal grounds in that scenario (or UPS would). Hope it all works out!
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Old 08-29-2008, 10:57 PM
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that really sucks. I paid 07WhiteDevilZ for a hud and he just flat out never sent it and never responded to me. Paypal wanted to refund my money, but he took it and ran. George Benson IV is a loser.
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Old 08-29-2008, 10:58 PM
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Originally Posted by gsport
whewww... this has been alot of reading.... good luck on your claim
good luck...
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Old 08-30-2008, 06:42 AM
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Originally Posted by webdzynes
Sorry Ranger - I think once you accepted the box, you finalized the agreement and the liability from that point transfers to you. Just a bad series of circumstances all around. If the seller does get an insurance claim however, your money should be returned in full. I believe you would have legal grounds in that scenario (or UPS would). Hope it all works out!
That's not how it works at all. Often, the damage or loss can not be determined until the package has been signed for and delivered. In this case, the damage to the package was noted by the driver at the time of delivery.

When informed of damage, the shipper files a claim with UPS. UPS is responsible for the inspection and claim, which is then paid to the shipper. Other than reporting the damage, the buyer does not get involved at all. After payment of the claim, the shipper refunds the purchase price directly to the buyer.

The buyer will usually not be able to issue a refund until the UPS settlement has been received, which can take a few weeks. In this case all that is needed is an acknowledgement by the seller that the claim is in the works, and a refund will be issued when the UPS check is received.
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