Who's responsible for this? [Archive] - YoJoe.com Forums

View Full Version : Who's responsible for this?



Xerofall
05-23-2004, 05:13 AM
I ordered a Funskool CLAW from SmallJoes.com

I order the Priority Shipping with USPS. (3-4 days right?) A week later I get a card in my mailbox saying this...

"To save you a trip to the Post Office, a package too large for your box has been left with the apartment manager."

I take the card and see the manager, she points to a pile of boxes in a corner and says "you can grab your mail there."

I look through the boxes and don't see mine. I ask if there is any more mail and they said no. Well it's gone, someone took it. The apartment manager says they are not responsible for mail.

So I call the Post Office, tell them my package isn't where they said it was. They said if a card was left informing me of the delivery, then they are no longer responsible for what happens afterward.

So what the crap? Who's responsible? If the apartment manager isn't then they shouldn't accept mail if they can't keep their eye on it.

The post office shouldn't leave mail in an unsecured location if they can't guarentee no one will steal it.

So I'm out $12 bucks. (I know it's just a toy, but I'm still fuming mad.) What if this had been something more valuable?

What is it with me and the post office? They are constantly losing my mail or failing to deliver mail I send to others.

:mad: :mad: :mad: :mad: :mad: :mad:

My Generation Toys
05-23-2004, 05:31 AM
Hey, that's unfair. That is what I think poor service by the PO.

I would have a serious talk with the mail carrier. I would, in my case, tell him that if I was not home to simply leave it at the PO.

If he/she gives you any grief then I would go to the Post Master. Heck, now that I think about it, I would skip talking to the carrier and go directly to the Post Master.

This past week I had a package sent back to me marked "Return to Sender" and the trader didn't even see the package!
:confused:

KtownJoes
05-23-2004, 07:15 AM
Yes, the post master is your best bet. They are usually pretty helpful. Carriers are a dime a dozen & if your route is like most, the same carrier doesn't even deliver it everyday. My postmaster live like 6 houses down & is a great guy. The benefit of a small town.

rottenyolk
05-23-2004, 07:51 AM
it's time to get a PO BOX dude!

I use to be a mail carrier, we didn't have any leave with the manager apts. That's the first time I've heard of it.

Even in NYC you have to go the PO to pick up packages.

thebigzakbowski
05-23-2004, 11:13 AM
i had a po box for ever, no problems i get a apt box stuff seems to take longer, they lost my mcc my faces took 5 months the second i can get a po box again i will

gargoyle
05-23-2004, 01:29 PM
<BLOCKQUOTE>quote:</font><HR>Originally posted by rottenyolk:
it's time to get a PO BOX dude!

I use to be a mail carrier, we didn't have any leave with the manager apts. That's the first time I've heard of it.

Even in NYC you have to go the PO to pick up packages.<HR></BLOCKQUOTE>

get a po box and talk to the post master tell him why. print this out and take it with you. someone needs to account for the item lost and in my book it should be the carrier 1st then management.

Fireflyanon
05-23-2004, 03:30 PM
In legal terms the apartment manager is responsible. He should not have accepted the package if he didn't intend to take care of it for you. The PO left you proof it was left with him and it vanished under his care that means the manager was responsible. By just having a pile of boxes and not even making sure you take the right one tha tis negligence, he always could have stolen it or misplaced it himself.

The legal term when someone is entrusted such as this is a baliee/bailor relationship and the manager is legally accountable. You could sue in small claims court though obviously it probably wouldn't be worth it for $12. You could quote the law though and see what he does and threaten to file a small claim action to recover the money and your court fees.

Ann G
05-23-2004, 04:56 PM
I say the PO is responsible. They really shouldn't be leaving a package with someone who is not a resident in YOUR apartment. So unless you live with the manager/whoever was running the desk, it is the PO's fault.

I don't even think your manager should have been given the option to hold on to your package. It his job to make sure you pay your rent and that your apartment stays livable.

It is the PO's job to give you your mail/package and if you aren't there to recieve something that doesn't fit in your mailbox...to take it back to the PO. Its not like the mail carrier leaves packages with your neighbor if you live in a house. So they shouldn't be leaving it with some random person running the desk at your apartment complex.

WWW.JOEPARTS.COM
05-23-2004, 05:23 PM
First off I'd tell that apartment manager if they're not responsible then why the hell did they accept mail that wasn't theirs! If they accepted it then there responsible. Second I'd tell the post master and tell the carrier not to leave any package if you're not there, which they shouldn't anyways. I know that when something doesn't fit in my mailbox I have to go get it. I'd rather take a trip to the post office than the carrier just leave it somewhere unprotected. Man, this is making me mad and it's not even my stuff. What if it was a diamond ring or whatever. Bottom line is the PO and that manager are responsible. I'd make my point very clear with both of them and chalk it up as a frustrating loss. Thats ridiculous that they say their not responsible, what do you pay rent and postage for?

gargoyle
05-23-2004, 05:37 PM
<BLOCKQUOTE>quote:</font><HR>Originally posted by Neo*Viper:
Bottom line is the PO and that manager are responsible. I'd make my point very clear with both of them and chalk it up as a frustrating loss. Thats ridiculous that they say their not responsible, what do you pay rent and postage for?<HR></BLOCKQUOTE>


well said what do we pay rent and postage for? well thats so they can eat well and do this very same thing later.

red25thta
05-23-2004, 06:23 PM
Go to the Apartment Manager and ask to see the packages. Then walk off with them all. If they try to stop you kindly point out it is not their responsibilty. I'd tell them it was a very important item that cost some serious money. And unless the deduct that amount off your rent you will contact your Legal Advice Team. Worked for me one time. Got 1/2 my rent off that month.

Spillspleen
05-23-2004, 06:40 PM
I wonder if US Post has the same rules as Canada post...meaning that if the post office left the package with the manager of the building and he does not have it then he is guilty of mail fraud...he could be charged...the value does not matter...call a main branch or complaint department of the post office and ask them what to do...someone that is not directly involved will probably give you good advice...a theft has occurred and you can take the manager to small claims court...and you would win hands down...lol...!!!

BK
05-23-2004, 07:43 PM
The mail carriers here CONSTANTLY leave mail at the office. They didn't used to, but once they figured out the office would accept them, most of them became to damn lazy to do their job and deliver them. Sometimes I get notes saying they left the package at the office, but sometimes they can't even be bothered to leave a note. I have complained many times, but it makes no difference. It's gotten so bad, that now when I go the the mailbox to get my mail, I stop in the office EVERY DAY to see if they have any packages for me. The people in the office say they will call me if they get packages, but of course they never do. It's pretty much lose lose, so now I check every day.

Jason W.
05-23-2004, 08:27 PM
you cant really bad on the post office. For all of 12 cents the'll pick up your letter and ship it anywhere in the world in a resonable amount of time. For the amount we pay them, there do a hell of a job.

But that sucks. Your apartment manager isnt a nice person. And you know what they say, mean people suck. Well, I dont say that, but I guess they do.

We Turn Away
05-23-2004, 09:44 PM
at least it was only a Funskool CLAW. yo NEED to get a PO Box. I've had one for about 10 years and I have all my more valuable items sent there. right now it is $35 for six month periods.I just read another post where somebody stated that when they arrived home, their graded Viper was waiting on the stoop. imagine somebody walking off with that thing! it also drives me crazy when the lazy mail carriers drop off the "we missed you" slip because they were to lazy to bring the package to your door or knock on the door and get a signature. this has happened so many times to me and I'd have to drive to the post office anyway. get a PO Box and save yourself another headache.

james strickland
05-23-2004, 10:47 PM
I think you need too talk to the posooffice and the manger of the apartments figure out where it is. because I would be made like you if I lost somthing that I paid out of my pocket.

KtownJoes
05-24-2004, 06:16 AM
As I stated before go to the Post Master of the office where your mail generates. Carries are a dime a dozen & most of the time the same carrier does not deliver the route everyday.

The manager is legally responsible once he signs for the package, but it will keep happening unless you go over the carriers head EVERY time it happens. If you complain once then never again they will just start doing it again. You could also contact the police. Not to have anyone arrested, but just to let them know what your situation is & they will work with Postal Inspectors better than a random complaint.

Propadeutic
05-24-2004, 09:37 AM
Before you explore legal options, you need to look at your lease. You might see something like this:

"Employees of Lessor's Agent are prohibited as such from receiving any packages or other articles delivered to the building for Tenant...." (If so, then they shouldn't accept the package.)

"Should any such employee receive any such packages or articles, he or she in so doing shall be the agent of the Tenant and not of the Lessor." (If so, then the fault would lie with the specific employee and not with the apt. owners.)

Or, you might see this:

"In the event that the Lessor's Agent shall establish a receiving room for the receiving and delivery of packages for and on behalf of the Tenant, then the Tenant at his sole risk may utilize the same. The Lessor's Agent assumes no liability for any package left therein or in connection with the delivery of any of the same."

If your lease has anything like that last paragraph, and you've signed it, then you've agreed that the apt. owners can receive your package and are not legally responsible for its loss.

Kir Kanos
05-24-2004, 11:43 AM
<BLOCKQUOTE>quote:</font><HR>Originally posted by red25thta:
Go to the Apartment Manager and ask to see the packages. Then walk off with them all. If they try to stop you kindly point out it is not their responsibilty. I'd tell them it was a very important item that cost some serious money. And unless the deduct that amount off your rent you will contact your Legal Advice Team. Worked for me one time. Got 1/2 my rent off that month.<HR></BLOCKQUOTE>


Agreed, the apartment office/manager shares some responsiblilty here. I remember being informed, while renting my last apartment, that the office would accept packages. If the manager is washing their hands of this matter, go higher, to the owner or leasing company. And the post office will more than likely do nothing here. 'she points to a pile of boxes in a corner and says "you can grab your mail there." ' unbelievable, give 'em hell man!

Xerofall
05-27-2004, 05:30 AM
Small update.

I went back to the Apt Manager and let her know what happened. I'll follow up with a letter to be put in my file. I'm going to ask that they keep the mail behind the desk and have people give them their name in order to get it.

I've also talked with the Postmaster, he deferred me to a phone number (of course!) to call and ask the carrier's supervisor to see if he remembers it.

(Would you remember one package out of the hundreds of deliveries? Probably not.)

So I'm hopeful, they never answered my question about filling a report on stolen mail, if that is what happened to it.

We have 8 giant boxes at my complex that they put oversized stuff into, I wonder if it made it's way into one of those and the carrier forgot to leave the key?

I should know more later, I'm expcting a call back. (Yeah, but I'm not holding my breath!) :rolleyes:

thorn
05-27-2004, 10:32 AM
its weird the PO gives packages to the manager. they did that to me once. fortunately my landlord is cool.
it really seems like the apt mgr took responsibbility for the package and is responsible- but at the same time why is the maialman having the right to give you package to someone else?
SUCKS.

Xerofall
05-29-2004, 01:32 AM
Here's another update...

I get a call from the letter carrier's supervisor.

He told me that they don't use the cards I got. You remember the card saying "We left your oversized package with the Apt Manager"

He says they never use those OR LEAVE PACKAGES WITH THE MANAGER.

As I was talking to him I was standing over four packages in the manager's office.

So they are screwing with me. I was gonna drop it, but now I'm gonna be a pain in their side for a long time.

By the way I got another "we never use those cards" card in the mail today, now I have two of these "imaginary" cards.

Here's a pic...

http://www.imagestation.com/picture/sraid118/p81993b76cfb9f939007a027a3aa8213c/f87ef491.jpg

james strickland
05-29-2004, 06:42 AM
looks like you are going thru this all over again.

Ann G
05-29-2004, 08:16 AM
If that is your second one...I would take those to the PO supervisor and show them. If the letter carrier "isn't suppose to do that" then he needs to at least be told not do do it anymore or it is his job.

I figured you just got one of those orange postcard things with a note on it. Even with those, the PO doesn't deliver your package. You either have to present it at the PO and get your package or write on there to redeliver, when to rediliver, and where to leave it if you want it left and you still aren't home.

Also, if you have a day off on a mail day, yoiu might want to confront your letter carrier and tell him personally that you would prefer your packages are not left with the manager and that you would rather just go pick them up.

[ May 29, 2004: Message edited by: Ann G ]

BK
05-29-2004, 10:44 AM
Xerofall, I always get the same responses. Many times, the carriers haven't even left me a note that they've dropped off a box for me. You can go to the highest person in the PO, and they'll just screw with you and say "We always leave notes." They'll just deny everything. That's why I finally realized they truly don't care about their customers (at least where I live) and just gave up on it and started going to the apartment manager's office every day.

Good luck.