Problem with UPS delivery service

Is there anything I can do about this?


MY EMAIL TO UPS

I am very upset at your company.
I called 4 times over the last 2 days to arrange to pick up a package that was sent to me at your customer center in Watertown, MA. I was first told that I would have to contact the shipper, but the package was scheduled to be delivered in 1 day, so I called UPS back and was told that was wrong advice. I was told that the package would likely be delivered on Wednesday 6-11-08. So I took the time to travel to Arlington, MA. I saw the UPS driver and spoke to him outside his truck. He said he did not have a package for me at the address it was to be shipped to. I told him I wanted it sent to the Customer Center in Watertown, MA and I would pick it up there. The reason for this is I am no longer living at the address the package was addressed to. I am on bad terms with the person who still lives there, and don't want to deal with him. I called UPS back fter speaking to the driver yesterday and was told if I wanted to have the package held at the customer center I would have to call back at (am the next day. I did and specifically explained everything again. I got a return call on my voice mail stating the driver has the package and it won't be back at the center until 7:30pm that night. She told me to call the UPS customer service number back to arrange to pick it up. I did, and the recording said the package was delivered. I went back to the address again today, and found the package on the inside of the building, but I had no access to get into the hallway, and none of the other tenants were home. I am going to make a 3rd attempt to get the package today. I have been extremely inconvenienced and have had to spend 6 hours of my time plus travel money to take 2 buses each way 3 times now. The total cost for busfare is: $9.00. The total amount of time spent traveling from Watertown, MA to Arlington, MA 3 times is 6 hours. I would like to be compensated, for clearly UPS employees don't have a clue what they are doing. In Massachusetts the minimum wage is: $8.00 per hour. $8.00 per hour times 6 hours is $48.00. Add the $9.00 spent on traveling, and the total amount of money I would like to be compensated is: $57.00. Please let me know how we can settle this.
Thank You.
__________________________________________________ _______________

UPS REPLY

Thank you for your e-mail. In the event a shipment is delivered late, the UPS Service Guarantee covers only the shipping charges (provided the conditions set forth in the UPS Service Guarantee are met). Per the UPS Terms and Conditions of Service, UPS is not liable for any incidental or consequential damages resulting from delayed delivery or attempted delivery. Additional information regarding our service guarantee can be downloaded at the following link:

UPS: UPS Tariff/Terms and Conditions of Service

I apologize for any problems this late delivery may have caused. Please contact us if you need any additional assistance.
Phyllis Grimes
UPS Customer Service

What is your question?

They are correct.

My question is can I sue them for lying to me. By lying to me, they cost me time and money, and emotional distress.

Forgive me--I don't mean to laugh, but emotional distress because of a package?? Unless it contained life saving organs destined for a transplant to save your life, I am very certain you don't have any legal grounds to sue them for emotional distress. The law defines emotional distress as the mental suffering (that) naturally ensues from the acts constituting the invasion of another kind of protected interest. <the non-receipt of a package in the mail is not a protected interest> 'The commonest example . . . is probably where the plaintiff suffers personal injuries in addition to mental distress as a result of negligent or intentional misconduct by the defendant.' (Crisci, supra, 66 Cal.2d at 433.)

If I understand your posting, you had a package shipped to the address of someone with whom you no longer want to see. So, you attempted to re-route the package to a different location? How could that be UPS's fault?

The fact that you have issues with a former whatever he was yada yada address yada yada yada does not mean UPS or any other business suddenly becomes responsible for your being unreachable. Also, lying isn't a crime. Poor customer service isn't a crime. While your sense of fairness may be offended, surely there is something more appreciable and critical in your life that could afford this kind of attention? In common vernacular, get over it and in the future, send UPS a message by sending your money and packages to Fed Ex.

Have you no compassion?

The issue is that you caused a contract to be made with them to deliver the package exactly where it was delivered. After it leaves and is under way, you can only pray that your intervening messages get through. They did not. You cannot rescind that contract and you cannot get paid for the annoyance of them executing the contract as specified. Sorry, but you chose to take your time to bus yourself out there. Keep trying to get the package as it seems to mean a great deal to you.

I don't know about anyone else, but the graceful, gracious, compassionate way you address me in every posting is a model example of how an adult should conduct themselves. Thank you for your shining example. Truly.

I am sorry I missed the part of the posting where the poster asked for (((((hugs))))) or a <<<shoulder to lean on>>> or a :::::Pat on the back:::

The poster isn't here for compassion. They are here for legal advice which they received. The answer to the question is, as I stated, she/he cannot sue for EMOTIONAL distress for a misdelivered package. I not only gave my opinion, I quoted the law in an attempt at helping the OP understand why her position was, as a matter of law, invalid. (gasp--how cruel!!)

Your posting added no legal advice to the thread, only called me silly little girl names. Do you have any idea, dear, of how this rampant jealousy and rapt focusing on me makes you so unbecoming?

I stated: "If I understand your posting, you had a package shipped to the address of someone with whom you no longer want to see. So, you attempted to re-route the package to a different location? How could that be UPS's fault?"

and YOU stated: "You cannot rescind that contract and you cannot get paid for the annoyance of them executing the contract as specified. "

I'm sorry--was there something other than the information I already provided that you wanted to add--well, besides the name calling, I mean.
When your position has no merit, you have to toss something in there, I suppose.

Your jealousy really is unbecoming.

Poor thing.

FOCUS on the QUESTION being asked---even if it already HAS been answered. And thanks for that succinct rewording of my posting, even if you didn't take the time to look up case law to support what you were saying. Guess ya didn't need to--I already did.

No need to thank me. No, really. I insist--keep the laurels to toss at my feet another day.

They didn't come here to be told that you are laughing at them either, Graceless. Her emotional distress was not caused by UPS, but by her relationship with the person who lives at the address she had the package sent to. But that didn't enter your mind either. You just wanted to laugh at her distress at potentially losing the contents of the package. Just Entitled Rarely Known.

Let me get this right. The original poster says they want to sue UPS (not the person at the other address) for emotional distress----now you are stating that her emotional distress ISNT caused by the package misdirection, but because she is fighting with so and so?
If that ridiculous supposition were the case, WHY WOULD SHE ASK TO SUE UPS BECAUSE SHE WAS UPSET OVER A FIGHT WITH SOMEONE ELSE?
Next time my kids fight, can I sue FED EX? That is absurd.
She wants to sue UPS because she feels they should reroute a package because SHE changed her MIND about where it should go. How could the fact that she was in disagreement with whomever lives at that address mean she could bring a cause of action against UPS? That is, quite possibly, the worse wrong answer you have given yet, secondary only to the trucker who gets visitation with his wrongfully adopted out baby.

Besides the fact that the meaning of (capital letters) Just Entitled Rarely Known escapes me totally ( sentence fragment, too!) ----What in the world am I supposed to do about her relationship with whomever this is? You want me to GUESS as to its nature and ADVISE her about her personal life? No wait--thats YOUR GIG.

You want to tell me not to mock people and you have succinctly labeled me as a child neglector to my many many children you later say I made up, I am immoral ( live in--which ISNT what I said) a liar, a border line mental case, not an attorney, and not a paralegal...you have mocked and disrespected a dead man and his children and their loss, called me an abuser and stated I was abused as a child, made fun of my RACE even---ALLLLLLLLLL this speculation based on one thing--you THINK I am MEAN. And are , therefore, allowed to freely engage in exactly what YOU say I am doing. Find a single posting I have ever called someone immoral, a child abuser, sociopath, mentally ill, disrespected their race and family--find a SINGLE ONE. Yet that is the ENTIRE BALANCE of EVERY posting you make. ALL based on one thing---you DONT LIKE ME.

AND I CARE?

But, you want me not to laugh that someone feels entitled to sue UPS because they sent a package where they were told? Oh great physican, heal thine own self, would ya? Do you always use other people as your excuse for bad behavior?

So your solution for not liking me is to make slanderous comments about my personal life ( which I have NEVER done to you a single time) and then bash me for "not being nice".

You are a confused woman. Save your anger and your criticisms for someone who really cares what you think. Your comments don't bother me in the least, dear. Any time someone takes such a huge amount of their day to focus on a perfect stanger on the Internets personal life, right down to what goes on in her bedroom has more serious problems than I could ever imagine. So, focus away.

Hey, wonder if this poster has a KID we could give away????

I often see you make up things that you think we as posters might have implied... but since it is YOU who thinks it, you surprise me. You ASSUME too much, Graceless. You, who claim to have such a concise legal mind, do it too often for us to redirect your attack to the real problems every time, so we would really like to just do without YOU.

You also omit again that she had a CONTRACT with UPS. She can't sue them for doing what she paid to have them do. How in the world do you think UPS could function if every person who approached a delivery van on the street could actually GET the package they claim is addressed to a building they cannot enter without a key. Sure, it is a problem for her, because she SHOULD NOT have the ability to redirect any package whether she tries by phone or by visiting the office... Nor would she want anyone else to have that capability... unless she can prove she is the one who sent it... and that requires a receipt and a manager to look at her proof and is clearly not going to happen before the package SHOULD be delivered simply due to the logistics... and it still does not mean she has any claim against them for delivering it as contracted. The world does not owe her consideration for her own errors. Just a little consideration for her feelings... Hear that, Graceless.

HUH? you are TELLING me this?? I'm the one who told HER that UPS PERFORMED as AGREED UPON. My exact words were, "You cannot sue them for delivering a package to where you had it sent just because you are mad at whomever lives there".

HOW does that state or imply she DOES??

You said SHE CANNOT SUE THEM FOR DOING WHAT SHE PAID THEM TO DO.

I said, in my FIRST posting---If I understand your posting, you had a package shipped to the address of someone with whom you no longer want to see. So, you attempted to re-route the package to a different location? How could that be UPS's fault?

First you scolded me for chuckling because the poster thinks she can sue UPS for emotional distress for delivering the package to an address SHE CHOSE, NOW you are telling me she can't sue UPS for delivering the package to the address she chose?

LMAO that's what I said to begin with.