• Report: #23318

Complaint Review: United Parcel Company of America and the Auburn Cord Duesenberg Museum

  • Submitted: Mon, June 24, 2002
  • Updated: Wed, June 18, 2003

  • Reported By:Ferndale WA
United Parcel Company of America and the Auburn Cord Duesenberg Museum
UPS 55 Glenlake Parkway Atlanta GA 30328 and ACDM 1600 So Wayne St. Auburn IN 46706 UPS Atlanta GA ACDM Auburn IN 46706, Georgia U.S.A.

United Parcel Company of America and the Auburn Cord Duesenberg Museum of Auburn Indiana ripoff consumer fraud ripoff corruption ripoff deception the business that doesn't give a dam tricked and lied to us UPS Atlanta GA ACDM Auburn IN Georgia

*Author of original report: Another fraudlent move by UPS Insurance THAT I AM OBLIGATED TO PASS ON TO THE UNWARY PEOPLE

*Author of original report: P.S. If I read correctly, Mr. Fayette did try to handle this matter through an attorney and the attorney screwed up.

*0: Have you ever had an injustice done to you and have had this feeling of total frustration?

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UPS vs. Willard W. Fayette
Willard W. Fayette

We don't normally use consumers' full names on this site but Willard W. Fayette of Ferndale WA has made himself something of a public figure in an epic struggle with UPS over some broken objets d'art, specifically his carved classic car models.

We, and probably many others, have received a torrent of mail from "Bill" over the last few years. Despite, or maybe because, of that we're still not entirely certain just what happened but it appears that UPS destroyed some of Bill's artwork while shipping them to a museum and has since been squeamish about paying. A condensed version of Bill Fayette's complaint might go something like this:

UPS
Damaged goods, claims problems
Lost shipments
"Lost" computers
Phantom delivery attempts
Billing Problems
Small business nightmares
"Lost" or damaged artwork and jewelry

In the beginning I carved automobiles out of wood for a hobby. I started doing this in 1979. I owned and operated an autobody repair shop in Ferndale, Washington. I was 57 years old at the time starting to feel old age coming on and I wanted something to do when I retired.

I had been building and flying Radio Controlled Airplanes since the early 70's. I understood the beauty of Balsa Wood and the work you could do with it. If I would spend the time on it I found I could build airplanes that were beautiful.

My problem here was you did crash one once in a while. This would always be a traumatic thing for me, so I decided to try and build wall plaques of my favorite automobiles. The first ones were not so great, but the learning curve was in place so each one that I did was better then the last one, and this is what lead me to the place that I am at now. I have to add here that this damage to my art work and the response of the ACDM and UPS, as to their responsibility, has changed my hobby into a nightmare.

For over a year and a half I have tried to get these two corporations to step up and be responsible, If not responsible at least talk to me about this problem. And explain to me why I should be the loser. Everybody wants to hide from me, you might say they are doing what the foolish ostrich does, stick their heads in the sand and believe that they are hidden from the world thinking that this problem will go away if they don't talk to me. This just will not happen.

Have you ever had an injustice done to you and have had this feeling of total frustration? If you have you will understand my feelings. This will go a long way towards you understanding my web site "Who is responsible" -- 1930 Cadallac Damged in shipment.

Getting back to the story. In 1995 A friend of mine. Michael McD that liked my work had some property in Birch Bay, close to Ferndale where I live, asked me to show my work at his place. I did this and I liked the response of the people who saw my work, so this is when I started showing my work. This same friend's mother lives in Los Angeles California. He was visiting her in 1996 and was in uptown Los Angeles and spotted the Petersen Automotive Museum on Wilshire Blvd. He went in and talked to somebody about my work. Showed them photos of my work and then they asked him if they could show my work for a 6 month period.

He then talked to me about it and the outcome was he hand carried about 15 pieces of my art work to Los Angeles to do this show. He then went back to Los Angeles and hand-carried these pieces back to me in Ferndale. The Petersen Museum paid him for doing this, so we still did not know for sure how to ship my art work any other way.

Then Gregg Buttermore Publicists at the Auburn Cord Dusenberg Museum in Auburn, Indiana, after seeing photos of my work, called me and asked me if I would consider showing my work at the ACDM. This was in early January of 1998. I of course jumped on this chance to show some of my work so said yes, not realizing what I was getting into. It was out of the question to hand carry my art work to and from Auburn, Indiana.

I talked to Gregg Buttermore my contact man at the museum and he suggested that I ship it by UPS. Which I did. I insured them for $155,OOO.OO and I was satisfied that I had done the right thing. Mr. Buttermore then wrote me a letter telling me that my art work would be insured while they were in the museum's possession. What he failed to do was to say that they had a limited liability policy of $10,000.00 and if anything happened to my work that this is all the insurance company would pay. This turned out to be what the Museums insurance carrier (Cincinnati Insurance companies) would pay and after a lot of letters and a lot of arguments on my part they finally sent me a check for $1,843.38 dated 7-9-99. This was for repairing the plaques that I considered repairable. Finally on 10-13-99 they sent me a check for $8,156.62. Which makes a total of $10,000.00 mentioned in my web site.

This leads me to the UPS check for $1,009.00. On 1-7-99 Greg Buttermore sent me a check for this amount $1,009.00 that he said that UPS had sent him apparently he had cashed the UPS check and in turn had a check made out to me for this amount $1,009.00 and part of his letter said, "At least this is UPS's token of making restitution." In his letter Mr Buttermore seemed satisfied that he had done the right thing for me, and as I read the tone of his letter that this was all he could do about it.

This is when I wrote him a letter dated January 11, 1999 stating that I was not satisfied with the UPS check for $1,009.00.In this letter I quoted Jack Anderson Investigative Reporter for the Washington Post where he says: "If it isn't right don't do it". "If isn't true don't say it." "If isn't yours don't take it" Apparently Mr Buttermore did not take these words seriously. This check from Gregg Buttermore is still in my file uncashed. Later on I told Mr. Buttermore in a letter that he shouldn't have cashed the check from UPS as he was giving up his rights as to what he had claimed, and possibly my rights at the same time.

Incidentally, he put in a claim to UPS for $47,339.79 at that time, because this was the amount of damage at that time. I have a letter in my file from Bruce Solberg Dated October 5, 1998 (Seattle Claims) where he says. "please consider this letter a commitment that UPS will honor the claim". I was devastated when Gregg Buttermore sent me a check for $1,009.00 Where the the $1,009.00 came from I am not still sure. I have at this point to many questions that I have asked, that have not been answered by UPS people.

I have ben trying for three years to get either the UPS People or the Auburn Cord Duesenberg Museum to pay me for damage to my art work.

There is more to this story. I do not want to spend any more money on this matter and at the present time I am letting people by way of the computer khow badly I have been screwed by the UPS and ACDM people.
Consumer News
June 24 2002

Willard
Ferndale, Washington

Click here to read other Rip Off Reports on UPS United Parcel Service

This report was posted on Ripoff Report on 06/24/2002 06:43 AM and is a permanent record located here: http://www.ripoffreport.com/r/United-Parcel-Company-of-America-and-the-Auburn-Cord-Duesenberg-Museum/UPS-Atlanta-GA-ACDM-Auburn-IN-46706-Georgia-30328/United-Parcel-Company-of-America-and-the-Auburn-Cord-Duesenberg-Museum-of-Auburn-Indiana-r-23318. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Author of original report

Another fraudlent move by UPS Insurance THAT I AM OBLIGATED TO PASS ON TO THE UNWARY PEOPLE

AUTHOR: Willard - (U.S.A.)

Screwed by: UPS SHIPPING COMPANY
THOMAS KNIGHT ATSTURBO@AOL.COM Sunday, March 10, 2002

My name is thomas knight. I own a small company that shipped 10-20 packages with ups every week. I paid ups an average of $27,000 each year for shipping and insurance. I shipped some very expensive early 18th century violins from miami, fl to a violin dealer in england on dec 3, 2001.

I paid for 2nd day air, and $8000 insurance coverage--the amount the violin dealer was to pay me for the violins. ups lost the paperwork, and contacted me several days later asking for paperwork and a phone number to contact the violin shop.

I gave them the phone number, as well as an email address. several days pass, and ups asks again for copies of the paperwork. They lost the paperwork again.

The violins were to be duty free as any musical instrument over 100 years old are, but a huge duty was placed on the violins and the violin shop refused to accept them around december 12th.

I contacted ups to have them all returned to me, with a concern for the amount of time these priceless violins were being handled by ups while scanning the package every day. I finally received the violins back on jan 9, 2002.

I opened the package in front of the driver, and the best and most valuable violin was destroyed and cracked from top to bottom. After weeks of contacting ups (I have 11 phone calls on my records) requesting the violins be inspected, an insurance adjusted came to inspect them march 5th.

Ups informed me on mar 7th that they were refusing to pay the claim. Their excuse?--temperature or humidity caused the damage, and they have an exclusion for those. Who is the violin expert at ups? How do they know why it cracked? Does it matter that ups had my violins for over a month and handled them every day while scanning them? Does it matter that the exemptions are not listed anywhere on the ups contract or shipping documents, or posted on the walls of the ups counter in the building? Does it matter that I cant get $400 for this $20,000 violin because it is so badly damaged? Of course not.

Ups is a fraudulent company. According to the local sales rep for ups no one should ever ship valuable items with ups. 'Off the record' he told me that ups never pays claims, and that they knowingly accept payment for coverage with no intention of paying, especially on high value items. And this was the local sales rep. even ups employees know this. I closed my ups business account on march 8th, because I will not deal with a company that values me so little, and defrauds me on purpose. I am trying to find others with similar denied claims that are legitimate claims. I am of course filing a lawsuit, and have refused to pay my shipping bill. I am filled with a great deal of righteous indignation.

I know many ups employees very well, and it hurts to see them acknowledge that they work for such a fraudulent company. what can they say? Every single one cant believe ups would deny an honest claim and lose a customer who spends $30k each year in s hipping.

They shake their heads in disbelief. I also have two other packages that ups destroyed--crushed boxes, etc--and denied the claim. They were 18th century chinese small cabinets that are now worthless and ups claims that two layers of bubble wrap and thick cardboard boxes are not up to their shipping standards so they are not liable. Ups is happy to accept our money, but won't honor a claim. That is fraud. They have no character. They are greedy and corrupt. I will win in court--there is no question as to the outcome. Righteousness and justice and the law are on my side. This is clearly an example of insurance bad faith practices.
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#2 Author of original report

P.S. If I read correctly, Mr. Fayette did try to handle this matter through an attorney and the attorney screwed up.

AUTHOR: Willard - (U.S.A.)

Subj: "HOST WPLC MGR" who is Ken Davidson, ACI Program Manager for the Career & Workpl

Date: 1/19/03 6:03:53 AM Pacific Standard Time

From: FayetteWW

To: FayetteWW

CC: ddavid@ups.com, isbaadmin@inbar.org

CC: MBradley@MBE.COM, clipscomb@inbar.org

CC: tpyrz@inbar.org, jarmstrong@indybar.org

CC: acdmuseum@iname.com, EDORCJ1, APD723

CC: bell@nwjustice.org

CC: customerservice@ups.com (Lois Bry)

CC: cbarone@bee.net, cherischow@attbi.com

CC: wabde@hotmail.com, customer.service@ups.com

CC: danny_ror@hotmail.com, Deez685

CC: dflatley@atlanta.bbb.org, doug@waparts.net

CC: prodiver@pacbell.net, elaise@hearst.com

CC: customer.service@ups.com (Micheal Eskew)

CC: d.fayette@attbi.com, FLATHED999, Diner 1000

CC: refund@wolfpacktrack.com (refund)

CC: customer.service@ups.com (Russell Gridley)

CC: pattiedee@juno.com, info@fortwayne.bbb.org

CC: info@ripoffreport.com, JackUPS, JaneWFAR, Lawfay

CC: info@RipOffReport.com

CC: michael@mcdowellpottery.com

CC: jaredmeidal@hotmail.com, michelled@thebbb.org

CC: Montoure@msn.com, TLSanders66

CC: sanfrancisco@bizjournals.com, Schallera

CC: areaja@ligtel.com, jfstephens@excite.com

CC: Talon 0101, troxler@sptimes.com, RealHelp@mbe.com

CC: Editor@mbe.com, CorpAccounts@mbe.com

CC: Foundation@mbe.com, INTLfranchise@mbe.com

CC: Jobs@mbe.com, MBE@mbe.com, USAfranchise@mbe.com

CC: sea1dcd@ups.com, Western Ed, KenAD



Re: Subj: # 77-UT20020907_0000001501------ on UPS site "How to get involved"



http://www.community.ups.com/community/involved/form_anon.html



Subj: This was sent to Aberstien with others she is using the delete button,



Date: 12/30/02 8:30:35 AM Pacific Standard Time

From: FayetteWW

To: Deez685

CC: FayetteWW



This was sent to Andrea Berstien with others she is using the delete button now she apparantley got her money and no longer needs me. (just a guess) mind you.Remember her? Her post back sometime. The lady that is starting a class action suit against UPS. As far as I am concerned the Delete button is the end of the journey in a relaationship. and the person doing it, is no longer a valid friend. One more trip to the trough?



Here is her origional letter posted on Planet feed back on 11-14-02. this was origionally posted by me for Andrea Bernstien on Planet feedback. I ran into it on the UPS Message board I copied it out and made a connection with her, and asked her if I could post it on complaint sites that I was using. In a letter to me she said that this was all right with her. She later changed her mind, but I had already did this and could not remove the post as far as I know, anyhow and it seemed legitimate to me at the time.

=====================



Aberstien post.





Looking For Justice





--------------------------------------------------------------------------------



To: United Parcel Service



I'm writing with a complaint about your company's insurance. I hope bringing this to your attention will result in some action. This problem has made me extremely angry.



Here's my story:

Subject: UPS CLAIMS DENIAL-SEEKING OTHERS FOR CLASS ACTION LAWSUIT

Date: 11/14/02 8:11 PM Pacific Standard Time

From: ABernstei





I HAD A VASE SHIPPED TO ME FROM MIAMI TO LOS ANGELES VIA UPS 2ND DAY SERVICE LAST MONTH,IT WAS INSURED FOR $10,000.IT WAS PACKED PROFESSIONALLY, AND UPS DROPPED IT AND IT'S NOW COMPLETELY SHATTERED AND WORTHLESS.SEVERAL UPS ACCOUNT EXECS CAME TO MY OFFICE TO INSPECT THE PACKAGE OVER THE PAST MONTH AND ALL HAVE DOCUMENTED THE VASE WAS PACKED CORRECTLY TO UPS SHIPPER

GUIDELINES.



UPS CLAIMS DEPT ADVISED ME THAT MY CLAIM WAS IN GOOD ORDER AND WAS BEING PROCESSED.THEN , THE NEXT DAY MY CLAIM WAS SENT TO THEIR SECURITY DEPT FOR EVALUATION .FOR OVER 1 MONTH NOW, I HAVE BEEN IN DAILY CONTACT WITH THE PRESIDENT;S OFFICE AT UPS, AND NUMEROUS CORPORATE LIASONS AT UPS, ALL WHO CLAIM TO BE ABLE TO HELP ME, TO NO AVAIL.



ONE OF THE ACCOUNT EXECS THAT CAME ,TOOK DIGITAL PHOTOS AND THESE PHOTOS DEPICT THE PACKAGE INCORRECTLY SHOWING A SINGLE BOX.THOUGH ALL THE UPS REPS WHO HAVE ACTUALLY SEEN THE PACKAGE DOCUMENTED IT CORRECTLY AS BEING DOUBLE BOXED.UPS'S INSURANCE DIVISION CONTACTED ME, INTERROGATED ME AND DENIED MY CLAIM STATING THE PHOTOS MUST BE ACCURATE, AND DENIED THE VAILIDITY OF ALL THEIR SENIOR ACCOUNT EXECUTIVES WHO CAME TO MY OFFICE AND PHYSICALLY SAW THE

PACKAGE.



I HAVE SINCE LEARNED THAT THERE ARE HUNDREDS OF PEOPLE THAT HAVE BEED DEFRAUDED BY UPS BY BUYING THEIR PACKAGE INSURANCE, AND THEN NOT BEING PAID WHEN THERE IS A LEGITIMATE CLAIM.I CONTACTED THE FEDERAL TRADE COMMISSION TODAY AND THEY INFORMED ME THERE IS NO GOVERNING BODY THAT REGUALTES UPS, NOR FEDEX. I HAVE , WITH THIER INSTRUCTION , CONTACTED THE INSURANCE COMMISSIONER'S OFFICE FOR THE STATE OF GEORGIA AND LEARNED THAT UPS 'S WHOLLY OWNED

INSURANCE COMPANIES ( GLENLAKE INSURANCE CO., AND CRAWFORD INSURANCE CO)ARE NOT LCENSED IN THE STATE OF GEORGIA TO SELL INSURANCE, EVEN THROUGH UPS.



IT'S MY BELIEF, AFTER SEEING PAGES OF DOCUMENTATION, AND AFTER SPEAKING WITH THESE US OFFICIALS, THAT UPS HAS DEFRAUDED POSSIBLY MILLIONS OF DOLLARS TOP CONSUMERS THROUGH ITS INSURANCE DIVISION, BY DENYING LEGITIMATE CLAIMS.I HAVE FOUND WEBSITES DEVOTED TO THIS SAME CAUSE BY OTHER ANGRY CONSUMERS THAT HAVE HAD LOSSES ALSO FROM UPS WITHOUT SATISFACTION.



I ASK ANY AND ALL IDIVIDUALS AND COMPANIES THAT HAVE OR HAVE HAD LEGITIMATE INSURANCE CLAIMS DENIED BY UPS OVER THE PAST 5 YEARS TO PLEASE CONTACT ME.I AM SEEKING TO FORM A CLASS ACTION LAWSUIT , AND SUE UPS FOR SIGNIFICANT DAMAGES, AND TO PUBLICALLY EXPOSE THEIR FRAUDULENT PRACTICES.



PLEASE EMAIL ME AT : abernstei@aol.com.



THANK YOU VERY MUCH ,AND PLEASE ONLY LEGITIMATE , DOCUMENTABLE

CLAIMS DENIALS TESTIMONIALS PLEASE.



---------------------

=====================

On 11-15-02 this is some more of our corespondence.



Subj: Re: Following up on your letter 11/15/02 1:59:57 PM Pacific Standard Time

Date: 11/17/02 7:47:45 PM Pacific Standard Time

From: ABernstei

To: FayetteWW

CC: refund@wolfpacktrack.com



Dear Don;



Thank you for your interest to respond.I have not selected an attorney yet.I'm gathering names now to form a group and when assembled, I will present ths case to a prominent corporate law firm in Los Angeles, where my loss occured.



I have also contacted Dateline NBC, and ABC news; as I live in LA, I have many friends that work in the media in senior positions, and I have begun to contact them for names of specific producers that I can meet with within the next 30 days.



My goal is three fold:



1) get compensated for my loss

2)help consumers nationwide by exposing UPS in the media on TV, and documenting it with specific cases (Thats why I'm asking for only legitimate, documentable losses )

3)In tandem with the media effort, I will lead a class action lawsuit against them that will result in a national scale payout to those with losses also and through the national media and superior court, thereby expose UPS, which will be very costly for them not only in reputation, but in substantive loss of revenue from their insurance divisions.



I am seeking strong individual support, no money, but help in locating via the internet or other means, names of individuals that have been wrongfully denied legitimate claims.



Any help would be appreciated.I'd like to begin the media initiative by January 1.

I am a senior marketing exceutive in a large well known company, and I am experienced with the media and litigation, and I'm so d**n mad, I will not let them get away with this.



Best Regards,



Andrea Bernstein

--------------

==============



Andrea Bernstein

Chris Stone and Assoc.



Subj: Subject: NOW "this" I underestand Thank you DeeZ685

Date: 12/29/02 11:30:40 AM Pacific Standard Time

From: FayetteWW

To: refund@wolfpacktrack.com (refund)

CC: FayetteWW, ABernstei, cherischow@attbi.com

CC: Garry495, pattiedee@juno.com

CC: info@consumeraffairs.com, info@ripoffreport.com

CC: lipscombc@inbar.org, michael@mcdowellpottery.com

CC: jowens44@attbi.com, Schallera, ddavid@ups.com

CC: areaja@ligtel.com, jfstephens@excite.com

CC: TLSanders66, fedups55@hotmail.com

CC: louisville@bizjournals.com, sea1dcd@ups.com

CC: MWhitte817, RealHelp@mbe.com

BCC: info@fortwayne.bbb.org



Subject: NOW "this" I underestand Thank you DeeZ685

Date: 12/29/02 11:21 AM Pacific Standard Time

From: FayetteWW

Message-id: <20021229142133.15804.00087088@mbs-m05.aol.com>





Subj: Re: Fayette and HOST WPLC Mgr

Date: 12/29/02 10:33:34 AM Pacific Standard Time

From: Deez685

To: JackUPS

CC: FayetteWW, Talon 0101, PabloThndr, JR Sollman

CC: DJSFOREVER, SMF0605, Turbotruck, Bigbobups

CC: PKGcarDRVR, Jmn1949



Greetings,



Since I have received several emails in response to this, I would like to clarify MY view of this.



I don't know the whole story on Mr. Fayette's dispute with UPS. From what little I know, he appears to have a legitimate dispute. How this dispute is resolved and what the responsibility of UPS to resolve it is a more difficult question. Corporations, including AOL, are allergic to admission of responsibility for mistakes because of litigation. If UPS had "common sense" this matter should have been addressed in SOME way to satisfy Mr. Fayette's concerns. Maybe an arbitrator, maybe a cash settlement, but from what I understand, UPS hasn't even reached the point of saying "first of all, we are very sorry this happened."



I see some of you playing hardball with Mr. Fayette. That's fine in terms of you can express your view or position as much as you feel just as much as Mr. Fayette has the right to express his view or position. I would only request that all of you put yourself in HIS position for a second. What would you do if you felt cheated by the big brown company? Do you think YOU should be able to express your complaint?



Here's where my problem comes in. I see Mr. Fayette being harassed by "HOST WPLC MGR" who is Ken Davidson, ACI Program Manager for the Career & Workplace Channel. He has a reputation for going after people who tell the truth. There is nothing that bothers Ken Davidson more than someone who exposes the truth, so if he is going after Mr. Fayette, that is pretty good indication there is something very truthful about Mr. Fayette's position. Ken Davidson is a renowned liar.



AOL and Communism. I call Ken Davidson a "communist terrorist pig" because he is fully supportive of ultra-communist tactics. He will censor and remove posts based upon their VIEW, not just because they violate this or that rule. He seeks personal member information from your account. He will attack you by restricting your "freedom" to express anything without justification. He answers to nobody and he has thugs who will beat you up online. THAT is why he is communist terrorist pig. AOL claims message boards are a place to "express one's views." That isn't true. And, the reason pigs like Ken Davidson are able to get away with terrorizing AOL members is because AOL created a separate entity to handle message boards, censorship, etc so they could EVADE litigation that would otherwise flood AOL. It's just one of many examples of corporate strategy used to cover up KNOWN problems. There are plenty of examples in corporate history of big corps who KNEW of a problem, but denied or ignored claims anyway.



Express your agreement or disagreement with Mr. Fayette as much as you want. Just keep in mind he isn't harming anyone. He is trying to bring attention to a problem. Instead of agreeing with the communist tactics of HOST WPLC MGR (Ken Davidson), all I ask is that you stand up to a thug like Ken Davidson because sooner or later, it will be you who is his victim. And, when that happens, I would want Mr. Fayette to stick up for your rights.



Deez



P.S. If I read correctly, Mr. Fayette did try to handle this matter through an attorney and the attorney screwed up.

=======



Subj: Subject: NOW "this" I underestand Thank you DeeZ685

Date: 12/29/02 11:30:40 AM Pacific Standard Time

From: FayetteWW

To: refund@wolfpacktrack.com (refund)

CC: FayetteWW, ABernstei, cherischow@attbi.com

CC: Garry495, pattiedee@juno.com

CC: info@consumeraffairs.com, info@ripoffreport.com

CC: lipscombc@inbar.org, michael@mcdowellpottery.com

CC: jowens44@attbi.com, Schallera, ddavid@ups.com

CC: areaja@ligtel.com, jfstephens@excite.com

CC: TLSanders66, fedups55@hotmail.com

CC: louisville@bizjournals.com, sea1dcd@ups.com

CC: MWhitte817, RealHelp@mbe.com

BCC: info@fortwayne.bbb.org



Subject: NOW "this" I underestand Thank you DeeZ685

Date: 12/29/02 11:21 AM Pacific Standard Time

From: FayetteWW

Message-id: <20021229142133.15804.00087088@mbs-m05.aol.com>





Subj: Re: Fayette and HOST WPLC Mgr

Date: 12/29/02 10:33:34 AM Pacific Standard Time

From: Deez685

To: JackUPS

CC: FayetteWW, Talon 0101, PabloThndr, JR Sollman

CC: DJSFOREVER, SMF0605, Turbotruck, Bigbobups

CC: PKGcarDRVR, Jmn1949



Greetings,



Since I have received several emails in response to this, I would like to clarify MY view of this.



I don't know the whole story on Mr. Fayette's dispute with UPS. From what little I know, he appears to have a legitimate dispute. How this dispute is resolved and what the responsibility of UPS to resolve it is a more difficult question. Corporations, including AOL, are allergic to admission of responsibility for mistakes because of litigation. If UPS had "common sense" this matter should have been addressed in SOME way to satisfy Mr. Fayette's concerns. Maybe an arbitrator, maybe a cash settlement, but from what I understand, UPS hasn't even reached the point of saying "first of all, we are very sorry this happened."



I see some of you playing hardball with Mr. Fayette. That's fine in terms of you can express your view or position as much as you feel just as much as Mr. Fayette has the right to express his view or position. I would only request that all of you put yourself in HIS position for a second. What would you do if you felt cheated by the big brown company? Do you think YOU should be able to express your complaint?



Here's where my problem comes in. I see Mr. Fayette being harassed by "HOST WPLC MGR" who is Ken Davidson, ACI Program Manager for the Career & Workplace Channel. He has a reputation for going after people who tell the truth. There is nothing that bothers Ken Davidson more than someone who exposes the truth, so if he is going after Mr. Fayette, that is pretty good indication there is something very truthful about Mr. Fayette's position. Ken Davidson is a renowned liar.



AOL and Communism. I call Ken Davidson a "communist terrorist pig" because he is fully supportive of ultra-communist tactics. He will censor and remove posts based upon their VIEW, not just because they violate this or that rule. He seeks personal member information from your account. He will attack you by restricting your "freedom" to express anything without justification. He answers to nobody and he has thugs who will beat you up online. THAT is why he is communist terrorist pig. AOL claims message boards are a place to "express one's views." That isn't true. And, the reason pigs like Ken Davidson are able to get away with terrorizing AOL members is because AOL created a separate entity to handle message boards, censorship, etc so they could EVADE litigation that would otherwise flood AOL. It's just one of many examples of corporate strategy used to cover up KNOWN problems. There are plenty of examples in corporate history of big corps who KNEW of a problem, but denied or ignored claims anyway.



Express your agreement or disagreement with Mr. Fayette as much as you want. Just keep in mind he isn't harming anyone. He is trying to bring attention to a problem. Instead of agreeing with the communist tactics of HOST WPLC MGR (Ken Davidson), all I ask is that you stand up to a thug like Ken Davidson because sooner or later, it will be you who is his victim. And, when that happens, I would want Mr. Fayette to stick up for your rights.



Deez



P.S. If I read correctly, Mr. Fayette did try to handle this matter through an attorney and the attorney screwed up.
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Have you ever had an injustice done to you and have had this feeling of total frustration?

AUTHOR: - ()

UPS vs. Willard W. Fayette



Willard W. Fayette



We don't normally use consumers' full names on this site but Willard W. Fayette of Ferndale WA has made himself something of a public figure in an epic struggle with UPS over some broken objets d'art, specifically his carved classic car models.



We, and probably many others, have received a torrent of mail from "Bill" over the last few years. Despite, or maybe because, of that we're still not entirely certain just what happened but it appears that UPS destroyed some of Bill's artwork while shipping them to a museum and has since been squeamish about paying. A condensed version of Bill Fayette's complaint might go something like this:



UPS

Damaged goods, claims problems

Lost shipments

"Lost" computers

Phantom delivery attempts

Billing Problems

Small business nightmares

"Lost" or damaged artwork and jewelry



In the beginning I carved automobiles out of wood for a hobby. I started doing this in 1979. I owned and operated an autobody repair shop in Ferndale, Washington. I was 57 years old at the time starting to feel old age coming on and I wanted something to do when I retired.



I had been building and flying Radio Controlled Airplanes since the early 70's. I understood the beauty of Balsa Wood and the work you could do with it. If I would spend the time on it I found I could build airplanes that were beautiful.



My problem here was you did crash one once in a while. This would always be a traumatic thing for me, so I decided to try and build wall plaques of my favorite automobiles. The first ones were not so great, but the learning curve was in place so each one that I did was better then the last one, and this is what lead me to the place that I am at now. I have to add here that this damage to my art work and the response of the ACDM and UPS, as to their responsibility, has changed my hobby into a nightmare.



For over a year and a half I have tried to get these two corporations to step up and be responsible, If not responsible at least talk to me about this problem. And explain to me why I should be the loser. Everybody wants to hide from me, you might say they are doing what the foolish ostrich does, stick their heads in the sand and believe that they are hidden from the world thinking that this problem will go away if they don't talk to me. This just will not happen.



Have you ever had an injustice done to you and have had this feeling of total frustration? If you have you will understand my feelings. This will go a long way towards you understanding my web site "Who is responsible" -- 1930 Cadallac Damged in shipment.



Getting back to the story. In 1995 A friend of mine. Michael McD that liked my work had some property in Birch Bay, close to Ferndale where I live, asked me to show my work at his place. I did this and I liked the response of the people who saw my work, so this is when I started showing my work. This same friend's mother lives in Los Angeles California. He was visiting her in 1996 and was in uptown Los Angeles and spotted the Petersen Automotive Museum on Wilshire Blvd. He went in and talked to somebody about my work. Showed them photos of my work and then they asked him if they could show my work for a 6 month period.



He then talked to me about it and the outcome was he hand carried about 15 pieces of my art work to Los Angeles to do this show. He then went back to Los Angeles and hand-carried these pieces back to me in Ferndale. The Petersen Museum paid him for doing this, so we still did not know for sure how to ship my art work any other way.



Then Gregg Buttermore Publicists at the Auburn Cord Dusenberg Museum in Auburn, Indiana, after seeing photos of my work, called me and asked me if I would consider showing my work at the ACDM. This was in early January of 1998. I of course jumped on this chance to show some of my work so said yes, not realizing what I was getting into. It was out of the question to hand carry my art work to and from Auburn, Indiana.



I talked to Gregg Buttermore my contact man at the museum and he suggested that I ship it by UPS. Which I did. I insured them for $155,OOO.OO and I was satisfied that I had done the right thing. Mr. Buttermore then wrote me a letter telling me that my art work would be insured while they were in the museum's possession. What he failed to do was to say that they had a limited liability policy of $10,000.00 and if anything happened to my work that this is all the insurance company would pay. This turned out to be what the Museums insurance carrier (Cincinnati Insurance companies) would pay and after a lot of letters and a lot of arguments on my part they finally sent me a check for $1,843.38 dated 7-9-99. This was for repairing the plaques that I considered repairable. Finally on 10-13-99 they sent me a check for $8,156.62. Which makes a total of $10,000.00 mentioned in my web site.



This leads me to the UPS check for $1,009.00. On 1-7-99 Greg Buttermore sent me a check for this amount $1,009.00 that he said that UPS had sent him apparently he had cashed the UPS check and in turn had a check made out to me for this amount $1,009.00 and part of his letter said, "At least this is UPS's token of making restitution." In his letter Mr Buttermore seemed satisfied that he had done the right thing for me, and as I read the tone of his letter that this was all he could do about it.



This is when I wrote him a letter dated January 11, 1999 stating that I was not satisfied with the UPS check for $1,009.00.In this letter I quoted Jack Anderson Investigative Reporter for the Washington Post where he says: "If it isn't right don't do it". "If isn't true don't say it." "If isn't yours don't take it" Apparently Mr Buttermore did not take these words seriously. This check from Gregg Buttermore is still in my file uncashed. Later on I told Mr. Buttermore in a letter that he shouldn't have cashed the check from UPS as he was giving up his rights as to what he had claimed, and possibly my rights at the same time.



Incidentally, he put in a claim to UPS for $47,339.79 at that time, because this was the amount of damage at that time. I have a letter in my file from Bruce Solberg Dated October 5, 1998 (Seattle Claims) where he says. "please consider this letter a commitment that UPS will honor the claim". I was devastated when Gregg Buttermore sent me a check for $1,009.00 Where the the $1,009.00 came from I am not still sure. I have at this point to many questions that I have asked, that have not been answered by UPS people.



I have ben trying for three years to get either the UPS People or the Auburn Cord Duesenberg Museum to pay me for damage to my art work. Go to this Web Site and see what I am talking about. http://www.automotiveart.bizland.com/bodyshop.htm.



There is more to this story. I do not want to spend any more money on this matter and at the present time I am letting people by way of the computer khow badly I have been screwed by the UPS and ACDM people.

Consumer News

June 26 2002
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