Freight Forwarder with Misplaced Package, What Can Be Done

[alice_fone]

My question involves a consumer law issue in the State of: MD

Hi All,

I have got a situation at hand, and an advise as to what actions to take will be greatly appreciated. I dropped off some items at the office of a freight forwarder about two months ago, with the intentions of having them shipped overseas, but i did not have the package insured. Now, while in transit in Europe, the package got misplaced as my package is yet to be delivered two months after dropping off, and cargo airline has acknowledge that package has not been found.

Now, i have requested that the freight forwarder (FF) return my package or its monetary value, and they claim to have filed for claims with the cargo airline. The airline demanded for receipts. I was able to provide some of the receipts as the bulk of the items were brand new, but some were gifts items(also brand new) to be sent overseas and receipts were not available. The FF is saying the airline claims they can not address items without receipts.

When i purchased those items prices were kinda low. Items now cannot be found/available at my preferred retail store, while other retailers currently have them with significant price difference. I have told FF to take cognizance of current retail value of items i dropped off, but their response has been neither them nor airline considers such logic.

The items i dropped off run into thousands of dollars and i was able to provide about 80% of receipts for items i dropped off. BTW, items were mainly electronics

my questions are:

1. Would it be appropriate to demand that FF pays current retail value of Items
2. Would it be appropriate to demand also that FF refunds the shipping cost i paid, as my package was never delivered
3. Is there a timeline associated with cases like this, within which concerned party must act
4. Can i legally demand for a refund considering the fact that my package was not insured.
5. What happens to items without receipts
6. What percentage can i realistically expect to get back as refund.
7. What options are available legally


This case is clearly a case of negligence on the part of the airline as reported to me by FF. A staff signed off the package as dispatched but recipients at destination claim never to have gotten the items. What i mean is, it was still within same organization(cargo airline), but their corresponding officers in country of destination denied taking custody of an entire shipment. For several weeks they claim to have been carrying out a search, but it's over two months now since i dropped off the items. My intended recipients are yet to take custody of the package i sent, neither has the package been returned. About a month ago, the officer in charge of the case within the airline was said to be away, a month now either same officer or person who relieved the officer in charge is being said to have just gone on leave again. Not sure how to reconcile reports i have been getting from FF. I am constantly being harassed by my destined recipients, as package has not been delivered for months now. My integrity is being questioned, as possible explanations as to how the goods where misplaced do not sound reasonable enough to them. I have had two previous shipments with the FF, until the current incident occurred.

Your suggestions will be greatly appreciated. I really hope this wasn't too long. tanx!

[Mr. Knowitall]

1. You can ask for whatever you want. You've already been told that they will only pay based upon your provision of receipts showing what you actually paid, so I wouldn't expect that to be fruitful.

2. Why not? The worst they can do is say "no". What does your contract with them say about this?

3. You can expect that there's a statute of limitations that limits the amount of time you have to file a lawsuit.

4. How is that different from #2?

5. If there's no dispute that the items were among those shipped, submit whatever proof you have and try to negotiate some compensation.

6. Your odds are greater if there is no dispute as to what was being shipped and you can prove the value of the items; your odds are lesser if there is a dispute as to what was being shipped and/or you can't prove the value. You may be limited in your recovery by the terms of your contract or, depending upon the full facts, under relevant laws.

7. You can negotiate. You can avail yourself of any remedies outlined in the contract. You can sue (assuming you haven't obligated yourself by contract to mediation or arbitration).

If the items were valuable, really, why didn't you get insurance?

[alice_fone]

@Knowitall

Thanks for ur response. Gave me some insights. My question now is, since response is pending from the airline with respect to claims filed, will it be appropriate to sue Freight Forwarder now or when can a legal action be taken?

As to ur question on y i did not get insurance, i ad previously shipped items thru dem, without issues, so it was just human temptation to tink this package was just goin to be ok.

thanks!!

[Mr. Knowitall]

If you file a lawsuit, there's a good chance that negotiations will end and everybody involved will "bring in the lawyers". It's not yet clear whether it would make financial sense for you to hire a lawyer. That depends in no small part on the value of the package. As long as the statute of limitations has not run, you can file a lawsuit.

Check your contract to see if you agreed to alternative dispute resolution (ADR / mediation / arbitration), or if you agreed that litigation must occur under a particular state's laws or in a particular forum (state, and possibly county).

If this was a consumer transaction, you may have protections under consumer laws of your state beyond what is available to you if this was a business transaction.