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I don't know who to ask or where to start with my concern. I

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Good afternoon, I don't know...
Good afternoon, I don't know who to ask or where to start with my concern. I just found out that I was played by a shipping company that no longer exists and now we are stuck with a UPS bill for $4500
JA: What state are you in? It matters because laws vary by location.
Customer: I am in Florida
JA: Has anything been filed or reported?
Customer: no. All I did is call UPS to ask why my bill was so high
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't really know what to ask.
Submitted: 1 year ago.Category: Legal
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10/12/2016
Lawyer: Chris T., JD, Attorney replied 1 year ago
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
Experience: Experienced in both state and federal court.
Verified

Hello. I'll be happy to assist you.

Could you explain your situation a little further?

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Customer reply replied 1 year ago
Hello Chris. Certainly. I just found out that UPS charged my bank an amount of $4522.64. Usually, we don't get those bills. Then I proceeded to call their billing department and said that the reason they were charging me was because of services that weren't paid by a third party company called ShipLogistix. I was surprised because I paid ShipLogistix on a biweekly basis for all shipping services. Apparently, they were receiving my checks but they weren't paying UPS. I tried calling ShipLogistix to get an explanation but there was no answer. Their website does not exist anymore and I am beginning to think I was scammed. This will happen again with other people. Now I am stuck with this huge bill which I cannot afford. Is there anything that can be done? Is it worth your time?
Lawyer: Chris T., JD, Attorney replied 1 year ago

Did you have a contract with UPS, or was the contract exclusively between ShipLogistix and UPS.

As far as my time is concerned, please understand that I cannot actually represent you. All I can do is answer whatever questions you may have.

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Customer reply replied 1 year ago
I had a contract with UPS when I opened the account a few years ago. Then this company appeared in our office and said they also used UPS and that they would charge us less if we went with them. I think we signed a contract with them. I would have to search and find it.
Please forgive me, I am really ignorant on how the law works
Lawyer: Chris T., JD, Attorney replied 1 year ago

When you say "they would charge us unless we went with them," what exactly do you mean? I apologize, but I'm not sure who whether "they" and "them" refers to UPS or SL.

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Customer reply replied 1 year ago
ShipLogistix used UPS service (just like us). But they would get a better rate from UPS because they shipped a lot more items than we did. Pretty much what they said to us was come and get enrolled in our shipping program and we will give you a better rate than UPS is giving you. And we did. For a great period of time we were using their shipping account and we paid them weekly.
Customer reply replied 1 year ago
oh my God! I just found a mug shot from this guy
Lawyer: Chris T., JD, Attorney replied 1 year ago

If they were using their shipping account with UPS, then UPS would not have a claim against you. However, if he was using your UPS account, and you were paying him, and he was supposed to pay UPS, you may have a different issue.

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Lawyer: Chris T., JD, Attorney replied 1 year ago

In order for UPS to come after you for breach of contract, the shipped items must have been on your account. If they weren't, the breach of contract is between UPS and ShipLogistix since the non-payment happened on the contractual agreement between those two and not you and UPS.

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Customer reply replied 1 year ago
I agree. But what if ShipLogistix does not exist anymore?
Lawyer: Chris T., JD, Attorney replied 1 year ago

That's UPS's problem. In order to sue for breach of contract, there must be "privity," that is, a contractual agreement between the parties. Here, they would be suing on based on a breach of Logistix's contract, which you are not a party to.

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Customer reply replied 1 year ago
Okay. Let me forward all this information to my husband so he can be also aware of the situation. I know you said you couldn't represent us. Do you know what type of lawyer will do this type of job?
Lawyer: Chris T., JD, Attorney replied 1 year ago

Any business litigation attorney could handle this. If you need help finding one, you can use www.martindale.com. There, you can search for lawyers by location and practice type.

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Customer reply replied 1 year ago
Wonderful. Thanks so much for your time and guidance
Lawyer: Chris T., JD, Attorney replied 1 year ago

I hope that answers your question. If not, feel free to ask follow up questions. If so, please remember to "Rate" my answer before you go.

If you have any questions in the future, you can direct them to me by posting a question with "this question is for Chris T." in the first line.

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Customer reply replied 1 year ago
I will. Thanks again Chris. Have a wonderful day.
Lawyer: Chris T., JD, Attorney replied 1 year ago

Glad to help. Have a great day.

If you have any issues "rating" my answer, please let me know (that's how I get credited for my work).

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Lawyer: Chris T., JD, Attorney replied 1 year ago

Can I help you with anything else?

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Chris T., JD
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