FedEx - Lost my package containing an item bought at one time promotional price - Memphis, Tennessee

I want to thank each one of you for your words of support, and some very good suggestions.

I am glad to inform you guys that finally FedEx gave up; they sent me $150.00 check (via FedEx lol) and I received the check this morning. I told you guys earlier that I somehow got email address of all FedEx executives, and that Fred Smith's CEO secretary was in the loop with me.

After about a week of trying to trace the package down, she told me that they are reviewing a suspicious video. She did not share much details with me, and 2-3 days later told me that FedEx has decided to pull the plug on this investigation, and that she will work with HP to get me my refund as soon as possible.

Now, along the lines of what Phuckit suggested, I told FedEx that if that's what they have decided then I am not going to fight over it any longer. I told her in the email (which was had all FedEx executives in the CC list) that I will go on an online PR campaign against FedEx, I'll try to use social media, local news channels etc. to spread the word. (I'll paste the contents of my email at the end of this post).

Within 5 minutes of my email she called me and requested me to "hold off doing anything" for next 24 hours. I knew now that a settlement was coming. Next day early morning she called me and told me that she can send me a check for $150 if I bury the matter. I agreed, now I have the check, and my refund from HP, and I was able to buy a TouchPad from that money.

Here's my email that shook FedEx top-to-bottom :-)

Thanks for the update. I was never hoping to getting my package back once FedEx reported it missing. I have heard for the first time that a package just evaporated into the thin air from a delivery truck, and I have wasted 1 week on this issue. I hope I don't have to jump through hoops to get my refund; that's the least FedEx can do for me. I ended up spending $280 for the item that I originally bought for $150 - all thanks to FedEx.

I understand the decision that you have taken regarding the refund. At the very best, I do hope that FedEx at least realizes that it is a mistake on their part. Fact remains fact, I did not get what I ordered, and what I paid for because of FedEx regardless of what FedEx or HP might think. It is, in a perfect world, a responsibility of FedEx to make me "whole'. 

I want to apologize in advance for my words below; by no means are my words directed to you personally. I am satisfied in a way that at least you took time to investigate this for me, but I am not happy with FedEx the company.
I am too small a person to fight a corporate giant like FedEx over few hundred dollars, so I cannot do anything about it you guys know that and hence can afford to exploit\abuse the system. It makes no difference to FedEx whether I continue to use FedEx for my shipping needs in future or not. 
I will, however, try to convince whoever I can - the company I work for (I have already emailed the VP of Operations in my company), my neighbors, friends, family, coworkers - to not use FedEx. I also plan to launch an online campaign against FedEx's unlawful practices because of which consumer ends up suffering. I plan to contact local news channels, local newspapers, and use Facebook, Twitter etc. to spread the word. 

I know none of it is going to make any difference to FedEx, they can make their millions by stealing people's goods and can afford to lose a few hundred customer, but I am someone who doesn't give up. 
Thanks,

Flynrider, you are absolutely right. Legally speaking, I do not have any contract - implied or otherwise - with FedEx. This is what FedEx is riding on, and today in their email they told me that they have a contract with HP, and HP will need to make a claim with FedEx, not me.

This particular FedEx employee also requested HP on my behalf to ship me another TouchPad, but again HP was firm with their answer - "We have limited quantities". 

I was able to file a claim with HP for a refund. That seems like the best case scenario to me. HP says it will take them 3-5 business days to resolve this with FedEx, and then another 3-5 days for me to see a refund on my credit card statement.

And you are right, time is running out. I will wait till next weekend, and if I do not see a refund then most definitely I'll contact my credit card bank. Fortunately HP charged my card last Saturday, and not on original order date. So I have time remaining to file a dispute should they give me any further troubles with the refund.

I know my demands won't fly with either HP or FedEx. Morally speaking, I am in the right by demanding what I demand, legally hmm not so much. It's just that I find it hard to let go of matters like this. From the times when businesses preached "Customer Is God", we have come to a time when they think "Customer Is Dog" - nothing could be worse for a country that was once an epitome of Consumerism. 

As a protest against FedEx - and I know already it will not make any difference to them - I have emailed as many friends, acquaintances, family members, coworkers as possible informing them about this situation. I have also emailed VP of Operations of the company I work for, and suggested them not to use FedEx for any confidential shipments. I don't care if people listen to me, I had to let it out my system, and I am trying just that.

Also, I am going to start a blog, and a Facebook page - similar to this forum, but FedEx specific. Like I said, it won't make any difference to them or anybody else, but if I can take away 30 shipments from them, I'll feel mission accomplished to some extent.

Cheers

Yes, I noticed that too. The progress indicated by them is not in chronological order. Shipment information was sent to FedEx at 6:20 PM, but the package had left their facility at 4:20 PM, how on earth is that possible? I did ask FedEx about this, and they said it was a scanning error - of course that is something I don't buy, but what can I really do about it? Yet another example where consumer is a victim of extremely greedy, money hungry corporations.

Quoting your comment here, "You know, the real sad part of this story is, how much time do you have invested in this trying to find your purchase?  How are you going to get comped for lost time trying to fix their mistake." - Absolutely. There is no pad or anything in the world that can make up for it. In general, I am very impulsive & impatient person, and get stressed easily by continuously thinking about various events. So I won't lie that this thing has affected me great deal. I couldn't focus on work, I couldn't talk to my friends in a manner that they deserve to be talked to.

Thanks for suggestion regarding local media and newspapers. I never thought of that, and I actually think that might just be a better (and perhaps) faster way to get closure. More so in today's world when most of these local media companies have Facebook accounts and are looking to fill their pages.

Your words have been quite encouraging to me, and I thank you for your time & suggestions.

Cheers,

 

Flynrider gave you excelent and correct information-I hope you heed it.

Your beef is with HP, not FedEx.  As Flynrider pointed out, any lawsuit you file against FedEx is going to be summarily dismissed because of the Doctrine of Privity of Contract-YOU do not have a contract with FedEx.  Your contract is with HP and you need to stay focused on that.  Don't waste any more of your time and energy trying to find out what happened within the FedEx organization to the computer you ordered-it's not your concern, criminally or civily-your concern is with HP.

So what should you do?  A lawsuit now is premature-you need to allow for a reasonable amount of time for HP and Fedex to resolve this issue-7 days doesn't cut it.  All carriers have a claims process and they usually stipulate somewhere between 30 and 45 calendar days to resolve a non-delivery issue-this is probably why HP is holding off on a refund right now-there is a possibility that FedEx might "find" the computer and subsequently deliver it. 

As this situation stands today, you need to have some patience.  I highly doubt you'll need to file a lawsuit-after a reasonable amount of time has passed and the computer is not forthcoming, HP will either send another unit or refund you money.  If you used a credit card you can file a dispute with your credit card company.  You could file the dispute now but I think 7 days is a bit premature.  Most credit card companies will allow between 90 and 120 days to file a dispute-call your credit card company and confirm the time frame you have to file a dispute.

You should contact HP and make sure that they are persuing the issue with FedEx.  I would call HP and ask for a mailing address so that you can mail HP a certified, return receipt requested letter that states your position that if they computer is not located and delivered to you within 30 days of the shipping date, you want a full and complete refund if they will not attempt to send you a unit.  This is keeping with the FTC Ecommerce guidelines. 

Hp should be filing a claim with Fedex, not you. 

Good luck.

P.S.  I receive packages from FedEx frequently throughout the year and I've had times where the website would say "in transit" but I found a FedEx note on my door because they attempted a delivery when I wasn't home-go figure.  My point is that the tracking webpage (for consumers-not businesses with shipping accounts) is often times NOT ACCURATE.

Mr Rik,

It has been several years since DHL delivered within the USA, and even when they did, in most cases, your package was contract delivered by another carrier.

DHL does not deliver between U.S. addresses.

DHL only goes to international destinations from the United States.

So, in recap, you could not be using DHL, and HP could not have used it to ship that touchpad.

What's up with all the DHL references???

is better.

Never cared much for hp either.

You threw your tracking number out there and I was hooked by this story.  I reviewed your tracking number and found it very odd that the Shipment information sent to FedEx, was sent AFTER it had left the FedEx origin facility.  How is this possible?  Isnt that stuff ALWAYS in Chronological order?  Seriously!  Look at the timeline.   Hmm, something else to consider. 

Just throwing you a bone.  I am with the other gentleman who gave the wonderful tips from above.  I would also pursue this as far as you can take it.   Hope it all works out for you in the end.  You know, the real sad part of this story is, how much time do you have invested in this trying to find your purchase?  How are you going to get comped for lost time trying to fix their mistake.  After getting fueled by your dilemma and I have been in your shoes as a consumer, I would take it a step further.  Get the local media involved.  Nothing is worse than bad PR (Public Relations).  I would contact every newspaper in town, every news channel, and whoever else in between.  If that doesnt work, then get the law involved.  But also remember the statute of limitations has a deadline.  Again, best of luck to you.   

"I am thinking taking FedEx to a small claims court; "

   That wouldn't work.  You don't have a contract with FedEx, HP does.  If HP wants to sue them, they can, but you have no standing.    Your beef is with HP.  You ordered and paid for a TouchPad, they are required to deliver one to you.  The tracking info clearly shows that they didn't.

  BTW, if HP really told you to file a claim with FedEx, they should know better.   They are the shipper.  They paid FedEx to deliver and they're the only ones that can make a claim against FedEx. 

   At the very least, HP owes you your money back.   If I were you I'd file a dispute with the credit card company right now.   Time is limited and you've already wasted 7 weeks of it.   HP charged you for a product that they didn't deliver.  You have the evidence.  The credit card company will see this as a cut and dried issue and you'll get your money back almost immediately.  Given the runaround and misinformation you've gotten from HP so far, I think this is your best bet.

" What I demand from FedEx is either a HP Touchpad or a refund amount that would be enough for me to buy a comparable Tablet computerin retail market. "

  1. HP is the company you paid, so FedEx isn't going to care about your demands.

  2. What HP really owes you is your money back.   If they want to sweeten the deal to make up for your trouble and disappointment, they can do that.  But your demand for a refund large enough to buy a comparable tablet is not going to fly.

Good luck!

 

Yes, you totally hit the nail on its head with your closing statement - "After all, a package just doesn't evaporate. It is either delivered, returned to sender, or stolen."

That is precisely what I have been arguing with FedEx since around 72 hours now. It's a different thing had they delivered, and I wasn't home for delivery and someone stole it. I can kind of understand that, but the package disappeared from their truck.

I am thinking taking FedEx to a small claims court; well depending upon the process. Hiring or approaching a lawyer doesn't seem too reasonable because I doubt they would want to touch a case that involves a couple hundred dollars. 

However, your suggestion about writing to the DA sounds pretty do-able and reasonable to me. I know nothing will happen to a corporate giant like FedEx, but least I can do is give it my best shot, fight as long as I can.

BTW, I email-bombed a bunch of HP executives, and a female claiming to be Fred Smith's secretary is in the loop via email since yesterday. She emails me every day with an update, but she has already told me that best case scenario is a refund that too after I go through their missing items claims process.

Her update from today is interesting though. She said that their security team have identified a suspicious video feed from around that time, and they are reviewing it. I am pretty pessimistic about them finding who stole the TouchPad, and then telling me about it because then I will have a close-and-shut case of theft.

So even if they find the person or people involved, it is unlikely I'll ever find out. perhaps my efforts have helped bunch of people from getting their TouchPads, or Laptops stolen by FedEx employees.

Cheers,

Here is his tracking information if anyone would like to see it.

Tracking number: 5429743943

I never said to sue you local delivery driver. You assumed that was what I meant.



You find out who the last driver was to have that package in his/her possession according to the scan logs.



You really should get a lawyer if you want to make an example out of them.

But, you can file in small claims anywhere, as FedEx operates nationwide.



When you sue an individual (like the driver) you must sue in the court of jurisdiction of that person's legal home address. I suggest writing letters to the DA in that driver's home jurisdiction to look at the lossibility of filing larceny charges.



After all, a package just doesn't evaporate. It is either delivered, returned to sender, or stolen.

Just common sense.

I know, I have never heard of FedEx picking up a package, and processing it on a weekend either. But it did happen. So after all it is not impossible for them to pick an item on a Saturday.

For security reasons, I cannot provide my tracking number. This is a public forum, and I don't want contacting FedEx with my tracking number - no offence to you, hope you understand. However, I have taken screenshots of the tracking progress, and can share that with you (after editing the tracking number).  This screenshot is as current as 5 mins ago (10/19/2011, 8:20 PM CST).

Thanks for your comments. I am in complete sync with your comments - it's either the driver or the person\people involved in unloading the delivery vehicle. Especially when every one knows that ToucPads are currently the hottest item on eBay, Craigslist etc. It's easy money for the person stealing it, and then selling it on one of these sites.

Also, I agree that FedEx and HP both should take some responsibility and look into the matter more. I called HP too, and as expected, they said they cannot ship me another TouchPad because of the limited quantities, and that they would be happy to refund my money.

I do understand the concept of making a person "whole", just the way you put it, that is exactly what I want. I don't want to (hypothetically) win a million dollar law suit, I don't want a $1000 check. All that I want is either a HP Touchpad or enough money so I can buy one online (~300 is my guess). That totally fits in making the victim "whole" concept. I asked for an item A, and I deserve to get either the item A, or something comparable.

One point that was perhaps not clear in my original complaint is that it is not the local FedEx driver that caused all this. As per the Tracking Info, item left "origin" FedEx facility in El Paso, TX (don't know if it left on a truck to the airport, or a truck to some other FedEx facility or directly a plane) on Oct 15th, 4:30 PM or so. But there is no subsequent "Arrival" scan.

So it left, but never arrived anywhere. Which makes me think why are they unable to trace it if it was a genuine mistake and not an individual's wrong doing? Clearly its not one person, but few people involved in FedEx operations who are running this scam.

One last question for you, you mentioned - "You could file a lawsuit on FedEx for your losses and also HP.", can you please give me some pointers on how to get started with this? Is it like a small claims court or some consumer court? I don't have any knowledge or experience in such matters, and would greatly appreciate any help that you could offer.

Thanks for taking time reading my issue, and offering suggestions.

It was supposed to get delivered to me on Monday (10/17/2011), and was shipped on Saturday (10/15/2011).
- FedEx or UPS do not pick up on Saturdays, they may deliver on a Saturday but for an extra fee.  So it is impossible for it to be picked up by them on 10/15.  Now the warehouse could have "shipped" it on a weekend, if they work.  But it would not have actually been picked up by FedEx until Monday at the earliest.   Now it should have arrived on 10/18, IF they shipped it overnight, but if they shipped it 2nd or 3rd day it is still on it's way(as of this writing).

Out of curiosity what was the tracking number?

I will steer away from any company that ships only via FedEx.

FedEx does, indeed, suck.

The reason is simple. The delivery drivers are sorely underpaid and overworked.

FedEx drivers often start at MINIMUM WAGE, or close to it, with NO BENEFITS at all.

They can't afford to live on the money they make, so they have to get "creative".

That explains what happened to your Touchpad Tablet.

Doesn't make it right, but does explain the "why".

FedEx is among the largest of labor violators in the nation.

They misclassify many OTR truck drivers as "airline pilots" to avoid unionization and possible strikes, etc.

FedEx is 100% NON UNION.

FedEx "contracts" out MOST home delivery routes, and the drivers work for those contractors for next to nothing and horrible working conditions.

FedEx home delivery drivers, as well as many other drivers are NOT FedEx employees.

However, both FedEx and HP could easily get to the bottom of what happened IF they wanted to, but they have no need to do that. HP could lock out that ESN on that tablet so it could never be registered, and if anyone went online with it, they could identify the user. FedEx could do an internal investigation, but that would cost time and money.

The bottom line here is that the consumer loses once again.

You could file a lawsuit on FedEx for your losses and also HP.

Depending on the state law where you live, the law might state that you must be "made whole" which would require replacement of the product.

The "insurance" is most likely with "Crawford" who will jump everyone through every hoop they can to avoid paying. They deny nearly all claims as standard operating procedure.

Just file a dispute on your credit card (this costs HP money). I am a merchant as well, and my merchant account gets charged a $30 fee if a customer disputes a charge, so they tell me. I always take care of my customers on first contact and guarantee 100% satisfaction. I pay for my mistakes. I don't make my customers pay for them.

You could also file a police report for larceny / grand larceny against the driver depending on the value of the item and your state laws. If FedEx claims it was scanned onto that driver's truck, he/she becomes personally liable. Sue the driver and also file criminal charges.

The bottom line here is that you have to think outside the box, and work 100% outside the existing "system" as it was designed to screw you.

Good luck.