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Posted: 6/6/2023 11:34:41 AM EDT
I'm in a bit of a pickle--I sold some items to a company and they have not paid me.

I called up a company that I have dealt with for 14 years and spent tons of money with them. They also buy back the products. I need the cash to pay off my mortgage, so we're talking tens of thousands of dollars.

I called them 5/25 for a quote and agreed to their offer. They provided shipping instructions and a shipping label, insured. I boxed up the items per their instructions and have a video recording of all the items, their condition, and boxing them up.

The package arrived at their facility on 5/31 and they started checking in the items that day or on 6/1. Per the agreement, the company was supposed to pay me no later than the business day after the package was delivered (6/1).

I checked the status of the order on 6/1 and saw that the dollar amount was wrong and they did not account for 3 items. The company did not contact me about a discrepancy. I called them on the afternoon of 6/1 and explained the issue that I saw. They claimed 3 of the items were damaged and they didn't know where the other 3 items were, but they would retrieve the video of them unboxing to see what happened.

I have been going back and forth with the representative that accepted my order and I keep getting the run-around: "When we retrieve the video, I will review and let you know." The company claims it can take up to a day to retrieve the video, however, we are now on the fourth business day since it was requested. I have disputed that there was any damage to the items and all items were shipped per their instructions, and let them know that I have video proof of the condition of the items and that all items were shipped per their instructions.

I have contacted them 2 times via email and 3 times via phone to get this resolved, but they continue to give me non-answers.

What recourse do I have? I just want them to pay me as agreed upon.
Link Posted: 6/6/2023 11:47:01 AM EDT
[#1]
Not to sound stupid but what does the "agreement" you reference say?  Does it have language about damage, review time for received items, etc.

Does this company have you by the balls in anyway?  Do you need their business in the future?  If not, loop in your legal.  


Your details are relatively vague, but it doesn't seem like it has been a very long period of time.  I would try to escalate to someone higher up in the company.


I speak as someone who is constantly stiffed by clients who pay well outside of agreed to terms.
Link Posted: 6/6/2023 12:20:58 PM EDT
[#2]
If you were dealing with my company, it would be 120 days until payment...or 120 days until somebody started the payment process and maybe a few more weeks until you got paid.

Doesn't matter if you scream and raise hell, it's still 120 days.
Link Posted: 6/6/2023 12:56:30 PM EDT
[Last Edit: SquirrelAssassin] [#3]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By ag04blast:
Not to sound stupid but what does the "agreement" you reference say?  Does it have language about damage, review time for received items, etc.

Does this company have you by the balls in anyway?  Do you need their business in the future?  If not, loop in your legal.  


Your details are relatively vague, but it doesn't seem like it has been a very long period of time.  I would try to escalate to someone higher up in the company.


I speak as someone who is constantly stiffed by clients who pay well outside of agreed to terms.
View Quote


It says that you'll be paid the next business day unless:



  • Complete order must be received on the same day, as described during the sale. Any discrepancies in product quantity and/or condition will delay processing. Multiple packages may delay processing, if not all packages are received on the same day.  I have proof it was packed and shipped in the quantity and condition described.

  • Revisions to existing orders will delay processing.Includes but is not limited to: Changing payment or address, adding or removing items, updating bank wire instructions. None of this applies.

  • Damaged packages will delay processing. Packages damaged in transit could result in having to obtain written customer authorization before we can process (if not using COMPANY XYZ logistics). I used their logistics service and they did not say the package was damaged in any of my calls or emails.

  • “Next business day” does not apply to federal or company-observed holidays, or our physical inventory days.

  • COMPANY XYZ is not responsible for any carrier delays.
    Includes but is not limited to: Weather delays, mechanical delays and other delivery exceptions.

  • If we fail to process your payment by the next business day, we will send you a $10 voucher to use on a future COMPANY XYZ.com purchase.




I'll add that I'm not a business, and I have no plans of using them in the future after this. The company rep says she escalated it to a supervisor, yet I still haven't heard anything. She said it's typical these things get resolved within 1 business day. It has been 4 business days and they have not been able to produce pictures or video of the alleged "damage" and they have no idea where the 3 missing items are.

Link Posted: 6/6/2023 1:00:44 PM EDT
[Last Edit: SquirrelAssassin] [#4]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By DoctorCAD:
If you were dealing with my company, it would be 120 days until payment...or 120 days until somebody started the payment process and maybe a few more weeks until you got paid.

Doesn't matter if you scream and raise hell, it's still 120 days.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By DoctorCAD:
If you were dealing with my company, it would be 120 days until payment...or 120 days until somebody started the payment process and maybe a few more weeks until you got paid.

Doesn't matter if you scream and raise hell, it's still 120 days.


They guarantee it will be processed by the following business day, with the exception/restrictions above that I addressed.

As long as your product arrives as advertised and can be authenticated by our team, we guarantee to process your payment by the end of the next business day (restrictions apply). With our exclusive UPS relationship, orders are shipped Next Day or 2nd Day Air so we can start that process even faster. If we fail to process your payment by the end of the next business day, we will send you a $10 voucher to use on a future COMPANY XYZ purchase.


My problem is that they can't or won't produce the pictures or video of the alleged damage or missing items, and they won't give me an ETA on when they will have it. They have not asked me for my pictures or video, but I guarantee all the items were in the package when I dropped it off.
Link Posted: 6/6/2023 3:00:30 PM EDT
[#5]
I have a rule of "never accept a 'no' from someone who doesn't have the authority to give you a 'yes'.  Go up the food chain with the company until you speak with someone who has the authority to settle with you.
Link Posted: 6/6/2023 4:24:01 PM EDT
[Last Edit: SquirrelAssassin] [#6]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Genin:
I have a rule of "never accept a 'no' from someone who doesn't have the authority to give you a 'yes'.  Go up the food chain with the company until you speak with someone who has the authority to settle with you.
View Quote


The representative I have been working with was going to send me to her supervisor's voicemail since he was apparently too busy, just like the other 4 days, so I called her supervisor's supervisor and left a brief voicemail explaining what's going on. The original representative did ask me to send them a copies of my drop-off receipt, pictures, and video. But, they are the ones making claims that they can't or won't back up, and my gut reaction is to not send them what I have in case I have to take this to court.
Link Posted: 6/6/2023 4:55:00 PM EDT
[#7]
How far away is this place from you?

Can you go there?

if it was tens of thousands of dollars, like you say, I'd drive there if I needed to. People don't like to tell you no when you're in front of them. I mean some people still will, but if your in the right, and right in front of them..
Link Posted: 6/6/2023 8:01:27 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By DoubleTaps:
How far away is this place from you?

Can you go there?

if it was tens of thousands of dollars, like you say, I'd drive there if I needed to. People don't like to tell you no when you're in front of them. I mean some people still will, but if your in the right, and right in front of them..
View Quote



No, it's half-way across the country. I finally bugged the right person because tonight I got a call back that they had the video available for me to view.

The packaged was 100% tampered with. My guess is a UPS employee stole the items because it was "out for delivery" on 5/30 but never made it to the destination and was delivered the following day.

I sent the company all the documentation and the video I had, which clearly shows that what arrived was not what I shipped. It was double-boxed and what they unboxed was only a single box.

So it seems the company is going to pursue an insurance claim with UPS and I will eventually be made whole.

Fuck thieves.
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