I received word from the lady whom I bought the machine from that the UPS packing store is giving her the run around now..So thank goodness I took the advice from my cuties and found an attorney just in case it would come to this...I will be speaking to him on Monday..upon checking my voicemail I was surprised to hear a message from a gentlemen from the UPS store asking me to return his call and that he had some questions about the machine..So Cuties...what do I do now..should I call him back and answer his questions or tell him I will have my attorney call him for any information he may need.. I also talked to the service man from the shop where I took my machine for an estimate...oh yea he is still waiting for prices on parts but as it stands now...so far...over 2000.00 dollars and he's not done...that is TWO THOUSAND US AMERICAN DOLLARS I DO NOT HAVE...OUCH...

The only advice I can give you is to be sure and not give ANY peronal informatio to the....But I really think you have to tell them you are recording this conversation before hand or it may not hold up in court of any kind...unfortuanetly the laws protect unhonest people as well and if you record with out his/her knowledge it may be dismissed as evidence....depends on the mood of the judge you might say, or the laws in your county/state/country....deanna

enquiring minds want to know! I hope this has been resolved!

Good luck & hang in there.
Helen

Good Luck with sorting all this mess out

Check the laws in your state about recording conversations they vary from state to state. You do not want to be the one getting sued or arrested for illegal taping.
If you can record it ledgally I would tell the rep upfront that the conversation is being recorded and then say the date and time and then ask the rep for their name and to please spell it, also if they have an employee ID #
I would then tell the rep that you will be giving the tape to your attorney along with all of your other evidence. Then see what the rep has to say. Do not agree to anything that is offered unless you get it in writing.

You already have recieved good advice, all of which I agree with. Remember to add in the hours lost on work you could have done while this is going on an from the sounds of it shoot for a new machine. Two thousand and counting is a lot of parts to worry about

Sorry but I agree you should talk to the UPS Store rep on one condition, you record the whole conversation and/or have a friend listening to the conversation taking notes of EVERYTHING that is said.

And here are some guidelines remembered from my days as a Paralegal.

1. Write down the Date, time, phone number and the name of the person you speak to.

2. LISTEN rather than talk!
Let him do the talking so you know exactly what they are offering to do for you.

3. Don't get into an argument with him!
Stay calm and rational! (remember you are recording what you say as well)

4. Don't tell him you have retained Council,
you don't want to show your hand until you know what they are prepared to do for you.

5. You DEFINITELY don't want to aggravate the situation with threats or hysterics.

6. When you are done talking, and if no satisfactory reparation is reached....

THEN you must inform the UPS Store rep
1 That you have recorded this conversation
2 That you have retained Council
3 That you intend to take this matter to the Courts.
Make sure you say it calmy and clearly in as decisive a voice as you can muster but without anger.

THEN see what he has to say.

This is how most solicitors (attorneys) handle their settlement offers.

Just please, if you can, make sure you record the conversation as it will be invaluable to your legal Council.

Hugs and good luck, Meganne

1 comment

by lenamae 17 Apr 2010

Meganne is wright I am going through a law suit with a insurance company right now my paralegial gave me the same advice when it all started.
lenamae

Oh my dear - I too, believe that you should talk to the UPS guy - find out what he has to say and then allow him to know that you do have council and that you would like to resolve this without the need of that council - but that you will only accept full repair or a replacement of the merchandise that was ruined through their packaging process. Keep your chin up and don't stand for any of their stupid lies. They have to try to make it sound like they will do nothing - hoping that you will let it go - but don't! I will be praying for you.

So sorry, see what the attorney advises you. I wish you luck with this nightmare. Kay

Whatever happened to upright, honest people? If they didn't pack it right, they should pay. The money they pay these people to try to figure out conniving ways to wiggle out of their obligation probably would cover the cost of repairs. I am so sick of dealing with weasels.

I would contact the UPS guy and hear what he has to say. Let him know you have hired legal council and will enter into litigation if this isn't resolved. Ask him for the contact of his attorney so you'll be able to send documentation. That may in itself make him think twice about yanking your chain.

I am SOOOO sorry to see that this has turned out badly. :-(