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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 56480
Experience:  Licensed attorney helping individuals and businesses.
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I recently purchased four patio chairs on E-bay

Customer Question

I recently purchased four patio chairs on E-bay understanding a local pickup was necessary. The chairs/seller were located in Los Angeles and I am located in the Seattle area. It was my responsibility to organize the shipping and this I did through U-ship. The chairs were paid for through E-bay. I went through the U-ship process and chose a shipper who I thought had a good reputation and offered a good price.
About three days before the expected delivery date, I contacted the shipper (email) to inquire as to the progress. Here he informed me that because he had mistaken the final delivery point, he intended to drive the chairs back down to L.A. The U-ship listing was very clear as to the final destination. The U-ship calculated distance came to 1140 miles, because of his mistake, the shipper refused to travel the last 50 miles of this route claiming that it caused too high additional costs.
I registered a complaint with U-ship which only resulted in the shipper agreeing to offer the chairs for pick up at a motel some 40 miles from my home. Unfortunately, I underwent surgery on the weekend before and am still heavily medicated making the proposed Friday rush hour trip more than questionable. I have no one else who could do this for me.
My feeling is that the shipper has committed a “breach of contract” and is in essence holding my property hostage. Had the shipper presented the problem differently, I probably would have offered to pay a bit more to cover his mistake, this however he did not do. I like the vintage chairs and do want to keep them. I have contemplated traveling to the motel and with the assistance of the local police demanding the release of my property and at the same time freezing the release of the U-ship funds. I am not quite sure if the refusal to deliver my property constitutes theft or not. I would greatly appreciate your advice as to how to deal with this situation.
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 11 months ago.

Legally, the failure to deliver is a breach of contract. You have taken appropriate steps. If you wish I can suggest additional ones.

Customer: replied 11 months ago.
please suggest additional steps
Expert:  Infolawyer replied 11 months ago.
Gladly.You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved!
Expert:  Infolawyer replied 11 months ago.

Please rate me 5 stars.

have a nice weekend!

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