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  1. #1
    Join Date
    Jun 2011
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    8

    Default Post Office Mistakes Are Causing Me Financial and Credit Problems

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

    This will be a very brief and can add details later if necessary. My son moved out in July 2010. In filling out a change of address on line, he reportedly checked "Family" was moving not just "Individual." Fine, I will accept that. In September, a correction was submitted by the post office and problem was supposed to be fixed. For several weeks, our mail was being returned to sender undeliverable or sent to my son's new address. Between October and January, I made several phone calls and visits to my local post office. In February 2011 another major "computer fix" was made by the post office that was supposed to fix the problem. That did fix the problem a bit. In the last two weeks, our mail has dwindled and my son has been getting our mail again. Even though mail is addressed to my home address, there is a little bar code and notice at the bottom of envelopes that supposedly says my address has been changed to my son's address. The strange thing is that some of my mail addressed with my correct address on May 25 was delivered to me, but some of the mail addressed correctly to me on May 31 is being delivered to my son's house.

    So much for "very brief." The end result of this have been paychecks, driver licenses, bills lost in the mail that have generated hundreds of dollars in finance fees and expected to degrade my credit rating.

    A really sad part in all of this is that when I went to the post office yesterday to once again "plead my case" and stated, "I should not have to pay for all those fees and damages incurred by a Post Office mistake," the PO attending supervisor promptly replied, "We're not going to either."

    There is a post on this forum basically indicating "you can't sue the post office." Well, I'm not interested in suing the post office. I'm interested in them taking responsibility for their mistakes and "paying up" like we're expected to do...with our taxes, etc. I'm interested in them demonstrating evidence of where the problem is taking place that clearly distinguishes what's been going on from a systems problem, to fraud or foul play. Yes...I truly believe that fraud or foul play can take place within our finest government establishments...including the post office.

    I have called the PO several times; visited them 4 times between September of last year and today. Each time they show me a print out of the changes they have made in their system to fix the problem and simply can't understand why it's not fixed. If in the last month the system is showing a change of address requested AND IT WAS NOT ME OR MY SON, then I have to believe that something or someone must have made that request. Shouldn't that be clearly evident in the system? After all they were able to tell me that "your son made an address change request in July" and "you made and address change/correction in September".

    I don't have a lot of hopes that my last effort will fix the problem. Would contacting my congressman or representative be of any help? I would really appreciate your thoughts on how to proceed with this.

  2. #2
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    363

    Default Re: Us Post Office Mistakes Are Causing Me Financial and Credit Problems

    Have you contacted the United States Postal Inspector's office? They are the only entity outside of the post office with the legal jurisdiction to investigate matters involving the post office. You could contact your representative, but all they can do is ask the post office to look into the matter. They have no actual authority to make the post office do anything.

  3. #3
    Join Date
    Jun 2011
    Posts
    8

    Default Re: Us Post Office Mistakes Are Causing Me Financial and Credit Problems

    Quote Quoting AZDeputyClerk
    View Post
    Have you contacted the United States Postal Inspector's office? They are the only entity outside of the post office with the legal jurisdiction to investigate matters involving the post office. You could contact your representative, but all they can do is ask the post office to look into the matter. They have no actual authority to make the post office do anything.
    Have not filed a complaint with the Inspectors office. When I go to the inspector's office website (https://postalinspectors.uspis.gov/c...complaint.aspx) the topics listed do not seem relevant, and at the bottom of the page there is a a link related to Mail Delivery Problems, which sends to to the regular post office website where you can fill out an online form and submit your complaint. I did that months ago and I just did it again a few moments ago.

    Thanks for your interest. I'm really lost as to what to do or where to go. This issue is clearly their mistake and I feel should compensate me for damages.

  4. #4
    Join Date
    Jan 2011
    Posts
    105

    Default Re: Us Post Office Mistakes Are Causing Me Financial and Credit Problems

    Quote Quoting romeroom
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    The end result of this have been paychecks, driver licenses, bills lost in the mail that have generated hundreds of dollars in finance fees and expected to degrade my credit rating.
    In this day and age, I can't sympathize with you. Paychecks can be directly deposited and you can sign up for online statements for your bills and you can set yourself up for electronic transfers to pay your bills. You obviously know how to use the internet and have access to it.

    I don't get a single bill in the mail. Why waste the trees when I can do everything online? Even if you don't want to sign up for online statements and electronic transfers, you can still check your bills online for everything at least where I am. Electric bill, phone, cable, insurance, etc.

  5. #5
    Join Date
    Jun 2011
    Posts
    8

    Default Re: Us Post Office Mistakes Are Causing Me Financial and Credit Problems

    Quote Quoting Harriet
    View Post
    In this day and age, I can't sympathize with you. Paychecks can be directly deposited and you can sign up for online statements for your bills and you can set yourself up for electronic transfers to pay your bills. You obviously know how to use the internet and have access to it.

    I don't get a single bill in the mail. Why waste the trees when I can do everything online? Even if you don't want to sign up for online statements and electronic transfers, you can still check your bills online for everything at least where I am. Electric bill, phone, cable, insurance, etc.
    I do have nearly all of my bills payed on-line as well as direct deposit. Not receiving a driver's license in the mail is bad. Having hospital bills returned because it is "undeliverable" resulting in collection agency involvement and credit degraded is bad. Having my mail forwarded to another address without my authorization, and risking personal identity theft and all that goes with it is bad. I was in no way responsible for this to which the post office agrees. Shouldn't the post office then rectify the problem--after many attempts--and be held responsible to compensate me for damages?

  6. #6
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    3,429

    Default Re: Us Post Office Mistakes Are Causing Me Financial and Credit Problems

    Quote Quoting romeroom
    View Post
    Having my mail forwarded to another address without my authorization, and risking personal identity theft and all that goes with it is bad.
    I agree and you should sue your son for the inconvenience. After all, he was the one that initiated ALL of this...

    or have him cover all your loses. Not interested in that option, are you?
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  7. #7
    Join Date
    Jun 2011
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    8

    Default Re: Us Post Office Mistakes Are Causing Me Financial and Credit Problems

    Quote Quoting CourtClerk
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    I agree and you should sue your son for the inconvenience. After all, he was the one that initiated ALL of this...

    or have him cover all your loses. Not interested in that option, are you?
    Thanks you. Even if your serious about your recommendation, how would that help in furthering my efforts for the post office to "cover my loses" given their ongoing mistakes continue to perpetuate...my loses.

    Any other helpful suggestions would be greatly appreciated.

  8. #8
    Join Date
    Jan 2011
    Posts
    105

    Default Re: Us Post Office Mistakes Are Causing Me Financial and Credit Problems

    Quote Quoting romeroom
    View Post
    Thanks you. Even if your serious about your recommendation, how would that help in furthering my efforts for the post office to "cover my loses" given their ongoing mistakes continue to perpetuate...my loses.

    Any other helpful suggestions would be greatly appreciated.
    Under what legal theory would you propose you have a claim against the post office? Breach of contract or a tort of some sort?

    Since you have posted this under consumer law and service providers, I take it you think you have a contractual relationship with the post office to deliver your mail?

    Quote Quoting AZDeputyClerk
    View Post
    Have you contacted the United States Postal Inspector's office?
    If she did, they would tell her to file a false change of address complaint against her son, but she doesn't want to do that.

    https://postalinspectors.uspis.gov/forms/fcoa.aspx

    Quote Quoting AZDeputyClerk
    View Post
    You could contact your representative, but all they can do is ask the post office to look into the matter. They have no actual authority to make the post office do anything.
    This is a better idea. I have always found elected representatives more helpful that government employees who feel they are unaccountable to the public and can't be fired unless they do something outrageous like assault someone at work.

  9. #9
    Join Date
    Jun 2011
    Posts
    8

    Default Re: Us Post Office Mistakes Are Causing Me Financial and Credit Problems

    Quote Quoting Harriet
    View Post
    Under what legal theory would you propose you have a claim against the post office? Breach of contract or a tort of some sort?

    Since you have posted this under consumer law and service providers, I take it you think you have a contractual relationship with the post office to deliver your mail?



    If she did, they would tell her to file a false change of address complaint against her son, but she doesn't want to do that.

    https://postalinspectors.uspis.gov/forms/fcoa.aspx

    This is a better idea. I have always found elected representatives more helpful that government employees who feel they are unaccountable to the public and can't be fired unless they do something outrageous like assault someone at work.
    Thank you for your input. I'm new with this forum and posting "legal" questions in general; determining the proper forum group (Consumer Law?) is not easy for me.

    1. I get the feeling there is partial consensus that the post office can change our address (by accident or on purpose) without our consent and not be held liable for how it affects the consumer.

    2. My post in this forum contained enough details about my situation that I thought it would generate some support, or at best "people" on my side given the obvious lack of responsibility taken by the post office.

    So, forum administrator: If it seems that my forum post and it's content about matters related to the post office's negligence is unreasonable, please feel free to close the thread. I totally understand. Thanks.

  10. #10
    Join Date
    Jan 2011
    Posts
    105

    Default Re: Us Post Office Mistakes Are Causing Me Financial and Credit Problems

    Quote Quoting romeroom
    View Post
    1. I get the feeling there is partial consensus that the post office can change our address (by accident or on purpose) without our consent and not be held liable for how it affects the consumer.
    OK, you used the word consumer. When someone sends mail, who is the consumer? The person who paid for the postage or the person who is to receive the mail and paid nothing for the service?

    Ever have a friend send you a package by UPS and have it get lost? I have. When I called UPS to report it, they would not let me file the claim. My friend who paid them had to file the claim. Why? Because my friend (the sender) is the one who had a contractual relationship with UPS, not me (the recipient).

    I don't think there is partial consensus here. We are trying to tell you that your cause of action is against your son.

    The post office didn't change your address. Your son did. So far, the post office has been unable to correct his mistake.


    Quote Quoting romeroom
    View Post
    2. matters related to the post office's negligence
    OK, now you are alleging negligence, which is a tort.

    First let me explain to you a concept known as sovereign immunity. What that means is that you cannot sue a sovereign like the federal government without the federal government's permission. Now the federal government has indeed passed a law called the Federal Tort Claims Act (FTCA). It applies in situations where the federal government chooses to have it apply, like premises liability. So if you were to slip and fall on a wet floor and injure yourself in the post office after it was mopped and the post office employee did not put up a wet floor sign, you could sue under the FTCA.

    But you can't sue the feds for something unless there is a law specifically allowing you to do so. The post office is not like a privately owned business - it is part of the federal government and post office employees are federal employees.

    So let's read the exceptions to the FTCA. Here they are.

    http://www.law.cornell.edu/uscode/28/2680.html

    The provisions of this chapter and section 1346 (b) of this title shall not apply to . . .

    (b) Any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter.

    So you see, the federal government has chosen not to allow you to sue the post office for negligent transmission of letters or postal matter. If you don't like this law, complain to your elected representatives.

    We have given you your answer. You just don't like the answer.

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