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I went to UPS to send a $3780 Cashiers check, bank draft.

Customer Question
I went to UPS...

I went to UPS to send a $3780 Cashiers check, bank draft. The 80 something year old lady failed in many instances. she put it in a regular envelope not the big envelope they are supposed to. she did not describe the package in the tracking at all, which includes saying what it is and what the value was. despite her knowing what the item was and its value.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

She also did not mark it as a high value item which is UPS policy. NY

Lawyer's Assistant: What steps have you taken so far?

I asked the UPS store to find it. they have not called me back but an inside source told me extra informaton. they have not found it. and they have determined that the lady made those mistkes above. the bank will not refund me the money because it was a cashiers draft and they want to hold the money for 3 years to make sure it does not get cashed. I am not sure if i can sue them. btu there is alot of negligence here. UPS has verified the tracking number was created. but it never left the building. it was never scanned by a truck so they lost it before it went to the truck / hub. they lost it at the store basically.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thats all

Submitted: 1 month ago.Category: Legal
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Customer reply replied 1 month ago
I want to know if i should sue them for the value of the package since there is clear negligence here. they lost the parcel before they even had a chance to give it to the UPS truck.
Customer reply replied 1 month ago
I did not insure the package for more than the $100 insurance it came with by default
Customer reply replied 1 month ago
I want to remain anonymous. i dont want my name or details posted on this site when its done. "JustAnswer is a public forum. Completed conversations are made available to the public, although we do take precautions to support participants who prefer anonymity."I would like that anonymity.
Answered in 20 minutes by:
3/21/2018
Lawyer: Olivia Kent, Attorney replied 1 month ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 2,898
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
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Customer reply replied 1 month ago

if you would rather call me to discuss you can. ***-***-****

Customer reply replied 1 month ago
I dont want to pay more money. I already consented to the $5 and $43 for the advice. ill stick with that and hope you give me detailed answer.
Lawyer: Olivia Kent, Attorney replied 1 month ago

You certainly can sue them for the value of the package especially since you're stating that you have evidence that it never left the facility.

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Customer reply replied 1 month ago
UPS has evidence that it never left the facility. they have all the tracking information stating that.but what is the law that governs this? are they liable for the package once its in their possession?
Customer reply replied 1 month ago
the other stuff i foudn out via facebook chat with an employee that the lady did not put in the description of the item. or stated that it was high value as i stated.there would be video evidence in the store that i showed her what i was sending. she gave me the envelope for it. but they are obviously never going to turn over the video.
Customer reply replied 1 month ago
what should my next steps be ?
Lawyer: Olivia Kent, Attorney replied 1 month ago

Video evidence doesn't indicate the value of the check - and also they can argue that there is contributory negligence (meaning insurance could have been purchased on the check given the fact that essentially it was cash being sent).

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Customer reply replied 1 month ago
I have receipt that indicates the value of the check. I bought it 1.5 hours before i went to UPS to ship it. I did not buy insurance on the check because i did not think it was covered under their insurance. she didnt ask me if i wanted it insured.
Customer reply replied 1 month ago
should i bother trying to sue them? do you think it is worth my time? is there any reasonable expectation i would win
Lawyer: Olivia Kent, Attorney replied 1 month ago

You can follow USP claims filing procedures and if you don't get a satisfactory result then you'd consider filing suit. The age of the employee is irrelevant though, for what it's worth. If their policy is that a description must be put in - then it must be put in by an 80 year old or an 18 year old or anyone in between. Also, the description doesn't impact whether procedures were followed to prevent loss of the item.

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Customer reply replied 1 month ago
I have been following the claims procedures but the best case scenario in that is that they will pay out $100 insurance that is covered automatically when i send the package. so beyond that id have to sue them.I know the age of the employee is irrelevent however, UPS has had NUMEROUS complaints against her customer service and the Owner of the store has never taken any action.
Customer reply replied 1 month ago
I dont believe any procedures were folloed to ensure it wasnt lost. UPS store owner claimed in front of me that they should have put it in a bigger envelope to avoid it being lost. also, I was told by UPS store manager in facebook chat that the employee should have marked it High Value.neither was done.and obviously no care was taken since it was lost before it even left the store.
Customer reply replied 1 month ago
bot***** *****ne is, what are my reasonable expectations of winning that? I understand the contributory negligence of not getting insurance. but that only comes into play AFTER their negligence of losing the item before it even left their building.
Lawyer: Olivia Kent, Attorney replied 1 month ago

And you're completely correct. Your contributory negligence - allegedly - would only come into play after their negligence in losing the check (and there likely will be a presumption of that given the fact that it's not reasonable for people to lose the check ON THEIR OWN property).

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Lawyer: Olivia Kent, Attorney replied 1 month ago

But you wouldn't want to jump straight to the court - since that can get expensive. So you'd file a complaint with UPS and detail everything that was done wrong per their own policies.

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Customer reply replied 1 month ago
The other problem is that. Since this never actually got to UPS shipping. It was lost by UPS STORE CORPORATE. which is a separate entity
Lawyer: Olivia Kent, Attorney replied 1 month ago

And does UPS Store Corporate have a complaints policy? You would start there. The alternative would be to sue them in small claims court which is fast, cheap, easy.

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Customer reply replied 1 month ago
I have to make th complaint through UPS store corporate. but they are not likely to do anything beyonf the $100. lets be honest lol they wont cop to more than that.the only place i would sue them is small claims court.
Customer reply replied 1 month ago
I would be suing that Store specifically right? / business owner?
Lawyer: Olivia Kent, Attorney replied 1 month ago

Yes, you'd need to sue the store specifically. Not the owner... that wouldnt do much.

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Customer reply replied 1 month ago
okay
Lawyer: Olivia Kent, Attorney replied 1 month ago

Can I answer anything else for you?

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