Does UPS pay for your Dental expenses?

UPS left a package for someone with the same name but wrong address... and I already spent it!?

  • A few weeks ago I came home to find a UPS envelope in my front door. It had my name and address on it. The return address on the packing slip was a company that I researched on the internet with no results, and no name or phone number. The envelope contained 4 American Express gift cards, totaling$1300. There was no letter, receipt, card, etc telling me who it was from or anything. I had recently told my family members that I just found out I was pregnant, and my mom had said she would send me "something to help out, with Christmas coming". I assumed it was from her. A week later a UPS guy came to my door and asked if I got a package for a wrong address, I said "no" because I hadn't received anything for someone else (had just woke up and didn't think of "my" package). A few days later he came by again with a form to sign, stating that I received a package to my name and address, which I did sign, as I did receive a package to me at my address. Well, now I keep getting calls from people higher and higher up the chain of command at UPS asking about this situation. I hold to the facts, that I got a package to me at my address, from an anonymous sender, and I used it. They said it was actually for someone with the same name at a different address, and wasn't supposed to be for me. I told her there was no way I could have known this; she suggested I should have called UPS and asked them (well, I asked the delivery guy and he confirmed, it was my address on the package) or tried to track down the sender more aggressively. I said that I was just thankful for the gift that I so desperately needed. So she threatened to call the police and contact their security department. I said that I didn't see where I had done anything criminal, having received and used something that came to me. Without giving me options to work things out, she just basically called me a thief and threatened to call the cops. So now here I am, waiting for the police or UPS men in black or something, and what am I supposed to do? Apparently the cards weren't meant for me, but I didn't know that, and now I've already spent the money on my baby's funeral expenses (no longer pregnant) and have to deal with this stress on top of my emotional trauma. She didn't ask me to pay it back, just started making threats and hung up on me. Where do I stand legally? Am I a criminal or was this an honest mistake? Is UPS responsible for reimbursing the "other" person with my name, or am I? Really upset and confused, getting worried they're going to throw me in the hoosegow. Please help!

  • Answer:

    in most states, from the facts stated, you're innocent. you received a package addressed to you at your address. it looked like a gift and you treated it as a gift. you were even expecting a gift from your mother. the person who addressed the package to someone else with the same name and your address is the one who is liable, not you. find a local attorney. If UPS, etc. don't give this up soon, start referring them to the attorney. [i'd not actually hire an attorney at this point -- why spend money you don't have and can't afford.]

sugary_m... at Yahoo! Answers Visit the source

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Yowsa. Reminds me of the old expression "If it walks like a duck, and quacks like a duck, and looks like a duck...." The reality is that 1) your name was on the package. 2) it was delivered to your house 3) you had just lost your baby and had no way to pay for funeral expenses and 4) you were told to "expect something with Christmas coming." You are not a criminal and it was a honest mistake. You are now being threatened by the UPS, accused of theft and being threatened with calling the cops.... All which is illegal by the way. What I would do in your situation is call the State Attorney General's Office in your state. They may be able to get UPS off your back. If not, the next place I'd call is Legal Aid, a free legal assistance program for people in need. OMG, an attorney would have a field day with this. I'm sorry for you loss, and dreadfully sorry that now on top of everything else, you are having to go through this.

Jeanbug

I'm no expert, but if it had my name and address on it I would stick to my guns - it doesn't sound like it was your fault at all. You may want to contact a lawyer in your area to see where you stand.

IHeartDogs

First, the US Postal Service does have a rule (a "law" if you will) regarding this. However, since this was UPS, that does not apply. In this case, since it had your name and address, you had every reason to expect it was for you. It appears that UPS has failed to explain why the item came with your name AND address is it was meant for someone else. What I'm guessing has happened is that the sender made a mistake. They did a Google search or called directory assistance to get the address based on a name. Which is how they came up with your address. At some point, they realized (perhaps because the intended recipient called to say that she never received her package) the mistake and contacted UPS. They've asked UPS to trace where the package went. What UPS should have done was indicate that they delivered the package, as instructed, and are no longer responsible. The original shipper could, of course, try to contact you. From what you describe, it does not sound like you were to blame. You made a reasonable assumption about the package, which was that it was sent to you. This is not a police matter. At best, they can sue you. If UPS calls back, you should simply ask that they not contact you further, except in writing. Believe me, if it's in writing, they'll make sure that a lawyer is involved. At which point, the lawyer will indicate that UPS should stay out of it. You will NOT go to jail. And, should you end up getting sued, you have a pretty good case.

Jay

According to the US Federal Trade Commission, "Unordered Merchandise: If you are shipped a product you did not order, it's yours. It is illegal to pressure you to pay for it or to return it." "Q. Must I notify the seller if I keep unordered merchandise without paying for it? A. You have no legal obligation to notify the seller. However, it is a good idea to write a letter to the company stating that you didn’t order the item and, therefore, you have a legal right to keep it for free."

bcnu

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