Anyone a Lawyer here?

[prOk]

Got a legal question that's not boxster related but I know a number of people in here are in that field :)

Here's the scenario.. 2 years ago I had an item 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 (big item). The shipper arrived, I paid cash, shipper delivered everyone signed the bill of lading and went on their merry way.

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 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. 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'. 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 :)

/b

[bmussatti]

prOk, so you paid cash? Oouch. Tell FedEx you will pay them as soon as they deliver your package! :) Because why would they give you the package, if it was not paid for (Cash On Delivery) as the BOL states.

Sorry I can't help but at least I feel bad for you. :(

[prOk]

Yup, just happened to have sold something a couple days before so cash was handy and I used it.. Who knew? I figured they signed, I signed and a COD delivery took place, what more of a receipt do you need?

[blinkwatt]

Two years later?! That's nuts! I don't think there is anything that they can do.

Let me explain something that occurred at my old job where we sold money orders.
Customer came in asking for a $1.2k money order in my department. My co-worker was chatting it up w/ the customer,made the money order......NEVER COLLECTED THE PAYMENT. The customer and co-worker chatted for 15 minutes or so afterwards about girl stuff,you know how chicks get. ;) No one noticed until the next day that my co-worker never collected payment. Apparently the customer slide her ATM card but never entered her pin or selected payment. Everyone in management was on look out for the customer,they were going to try to collect on the money order......the chick never came back. Nothing they could do.

[bnorman]

Sounds like the driver pocketed the money?

Write them a letter state firmly that you paid COD as the terms required and that their records must be in error. Tell them you consider the matter closed. If they turn it over to a collection agency, then threaten to sue the bast-rds, particurlay if the try to hit your credit.

Not a lawyer by my $ .02 worth of advice.

[bmussatti]

I would bet they have since fired that driver too. That might play into your favor.

[der Geist]

You think they are going to sue you for $300.00? There isn't enough there to pay their staff attny's to file the papers. At worst they might turn it over to a letter writing collection agency. Make sure you write lots of letters threatening them with recourse if they damage your credit. Bottom line is that they left the package and whether you paid or not it is their problem. Write them a firm letter and tell them any future actions regarding this matter should be directed to your attorney.

[jeffsquire]

Got a legal question that's not boxster related but I know a number of people in here are in that field :)

Here's the scenario.. 2 years ago I had an item 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 (big item). The shipper arrived, I paid cash, shipper delivered everyone signed the bill of lading and went on their merry way.

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 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. 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'. 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 :)

/b
_______________________

First, check the statute of limitations in your area. IN many places, a civil action for a contract dispute is at max two years.

Write a letter explaining the situation and allude that if your credit is affected by this outrageous request, you will seek your own lawsuit.

[prOk]

Ultimately, I spoke to my lawyer who had me do basically what people here said. I wrote a letter explaining the facts as to why I feel the debt is invalid and advised them to direct all future communication to him. He says there's a very very good chance it will all just disappear at that point. I sure hope he's right as dealing with court and crap over 300 bucks might just not be worth *my* hassle, so it would shock me that it would be worth it to a multimillion dollar company.

[funster]

I am not a lwyer but deal with contracts on a daily basis and it seems to me that since both you and a representative from the shipper signed the paper that stated payment before delivery is required and that delivery is complete that they have no ground to stand on. It sounds to me that they just hired a real go getter in their accounting department whose got something to proove.