Shopping Discussion

Thinking of taking FedEx to small claims court - any advice?

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  • Mar 24th, 2011 1:35 pm
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Aug 2, 2001
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panzival wrote: Do I have a chance of winning? Or am I wasting my time? And does anyone have any advice?

I think you're thinking of suing the wrong person in all of this.

Fedex is contracted by HTC to provide a service, not you. Therefore because you have no contractual agreement with Fedex you cannot sue them for not delivering your phone. The company you want to deal with is HTC because they were to ship you your phone, not the company that they used to ship it.
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Jan 31, 2010
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KIDAVENGER wrote: If you lose, you pay everything it cost them to defend themselves. If you win they pay your costs.

Yeah, did a quick search, you'd have to pay their cost for filing a defence (in ontario its $40) and whatever else the judge may deem appropriate. However I'm pretty sure this only applies to court fees, not their lawyers.

In any event, im sure it would cost them more to actually fight your claim then come to a settlement with you, so I'd say file your claim. Who its gonna be against is up to you lol but either way, you're definitely owed some money here.
[OP]
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Apr 10, 2009
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TrevorK wrote: I think you're thinking of suing the wrong person in all of this.

Fedex is contracted by HTC to provide a service, not you. Therefore because you have no contractual agreement with Fedex you cannot sue them for not delivering your phone. The company you want to deal with is HTC because they were to ship you your phone, not the company that they used to ship it.

I posted my story somewhere else and got a similar answer as well. It looks like HTC is the one I have to go after.
You can NOT sue FedEX. Their obligation is only with the sender.

You CAN sue HTC, they were negligent by not delivering the phone (remember: it's not your problem how they lost the phone), and by not filing the FedEx and insurance claims. Filing the claims would have cost then NOTHING, so they had no reason not do it.
Besides what's the point of paying for insurance if they are not going to honor it?

Also put a complaint in the Federal Trade Commission.

Rember: HTC was responsible for the phone, the phone never reached your hands, so HTC is still responsible. It's not your job to deal with HTC's carriers or any of their service providers.
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Jul 31, 2009
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TrevorK wrote: I think you're thinking of suing the wrong person in all of this.

Fedex is contracted by HTC to provide a service, not you. Therefore because you have no contractual agreement with Fedex you cannot sue them for not delivering your phone. The company you want to deal with is HTC because they were to ship you your phone, not the company that they used to ship it.

that is true.sender is always responsible, not receiver. you must claim from HTC and HTC with have to deal with FedEx anyways they want to. you should contact only HTC to tell them item was miss delivered, hopefully FedEx wrote the name of person who sign which not suppose to match urs, or anyone else living with you. From here HTC with fail claim with FedEx etc
it will take time to process but for 700$ i would try at least
good luck
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Jan 7, 2011
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KIDAVENGER wrote: If you lose, you pay everything it cost them to defend themselves. If you win they pay your costs.
No. When you file a small claims case you pay a fee to the court. If you win, then fedex will be on the hook for that fee. If you lose, you don't get your fee back. That's all.

Nobody pays for the other's representation.
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May 30, 2005
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TrevorK wrote: I think you're thinking of suing the wrong person in all of this.

Fedex is contracted by HTC to provide a service, not you. Therefore because you have no contractual agreement with Fedex you cannot sue them for not delivering your phone. The company you want to deal with is HTC because they were to ship you your phone, not the company that they used to ship it.


+1

You want HTC, not Fedex.
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Dec 24, 2002
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you sue the person/org you have the contract with

You'll have a good chance of winning - most big corps don't defend SCC actions

Cost consequences if you lose are at the mercy of the judge.

In Ontario in some areas there maybe a 'pretrail mediation" to see if it can be resolve prior to a formal day in court
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Nov 7, 2010
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Remember to register the IMEI number as stolen with the telco so the perps can't use it without some hassle.
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Sep 16, 2010
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this might save all the hassle... and have not heard anyone else suggest this yet.

why not go to the place where the phone was mistakenly delivered and ask if it's sitting in some mail room or behind a desk ? i once had the same thing happen the addresses were the same except one was crescent and the other was court (it was short formed on the mailing label and was put on the wrong route for delivery) so the delivery guy not double checking walked into the office, the secretary signed for all the packages and it sat in the mail room.

when i asked the place that was sending me the item for an update they said they had confirmation of delivery, so i asked for a copy of the confirmation along with a copy of the address they sent my item to. noticed it was in the same city just the wrong address so i went there explained the situation showed my ID and was given my item.

try that before going through all the hassle of filing with court and dealing with HTC and their nonsense. just ask for all the info they have on your phone, the address they sent it to and then contact that address to see if it's sitting there.

if it's not there or been returned to sender (HTC) then follow through with your court stuff.
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I am 95% that you will only have to pay the court fees if you lose. So 100$ or so for you and that's all. The defenders I believe don't have to pay anything to file a defence in small claims. (as someone said, you don't have to pay representation, etc)

So if I was you I would definitely sue them. Just make sure you have all the proof you mentioned in the OP. The wrong signature, and all. Also I would claim double the amount you lost (so 700$ for phone + 500$ insurance 2x) It doesn't hurt claiming for more, if you win, you will still get at least your expenses but you could get more depending on judge. Call it the difficulties you had to go through, or whatever.

They also have free layer advice at the small claims so you can go there and have a talk with someone. At least that's how it is in BC.

Good luck.
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claiming double the actual cost of the phone plus double shipping costs will only hurt your case and make the judge think you are greedy or dumb. just because it's a large company doesn't mean you will get more than you are entitled to, also you can't claim pain and suffering or any other loss unless you can also prove it was a phone used for business reasons and you lost important calls. the judge will straight up ask you if you had gone out and bought or borrowed another phone in the meantime (since common sense would dictate if you need to stay in touch with family, friends and work you would acquire another phone asap) then you were not put out more than just having the phone go missing. sorry, my mistake you could claim the cost of the replacement phone as long as you have physical proof of purchase (a receipt from your provider, retail store or private sale dated not long after the original phone was misplaced)

and with the matter of insurance, well then depending on what the defence is or proof they have the judge might even rule to have HTC/FedEx payout only the $500 insurance if they for whatever reason cannot replace your phone (model has been discontinued or no comparable model in the same price range) since that is what insurance is for (damaged or lost during delivery).

but try my suggestion from earlier.
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Messerschmitt wrote: Also I would claim double the amount you lost (so 700$ for phone + 500$ insurance 2x) It doesn't hurt claiming for more, if you win, you will still get at least your expenses but you could get more depending on judge. Call it the difficulties you had to go through, or whatever.
As the previous poster said, if you claim for more than your actual loss it will "make the judge think you are greedy or dumb." Worse if the judge gets even the slightest suggestion that you're trying to take advantage of the situation, let alone try to commit a fraud on the court, you could lose the case or worse. You want to appear before the court as the reasonable person who did everything possible to resolve this. You want the other side to appear to be the unreasonable, inflexible, bureaucratic morons who made it necessary for you to escalate the dispute to SCC.

That said, you can include legitimate, reasonable costs in your claim, e.g. SCC filing costs, mileage and parking to go to SCC to pick up forms, file them, appear in court, etc., cost of registered letters, long distance, etc. incurred when contacting HTC or FedEx, and so on. The key is to keep things reasonable and be able to substantiate them.
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On issue of the receipt saying delivered to "front desk/reception", this only means that the driver was too lazy to change the machine. It is a standard entry when they make most deliveries to businesses. I've seen it to my home as well. I've also seen packages sent from work saying picked up from "Jane at reception" when Jane hadn't been at reception in months and the package was sent by "John". They just don't change the message on their machine.

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