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Am I responsible?
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Am I responsible?
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Posted by garland/CA on 1/27/10 2:24pm
Msg #319801

Am I responsible?

Got a bill from UPS today for docs that were shipped 7/18/09 to Infinity Escrow in C (and billed using their account). Reason: "receiver refuses to pay". UPS said it is their policy to collect from the shipper if they cannot collect from the receiver. Signing company says UPS has to go after the receiver (Infinity is no longer in business) and if they cannot collect from them, it is their loss. UPS established the account with Infinity and it is between them. I wonder: if I don't pay it, will it reflect on my credit rating? BTW, I no longer put my name on the shipping label, but back then I still did.

Reply by PAW on 1/27/10 2:32pm
Msg #319803

Yes, shipper is utimately responsible

Carefully review the UPS Terms of Service (US) and you will see that the shipper is ultimately responsible for payment. (Same is true with FedEx and DHL.)

Reply by Marian_in_CA on 1/27/10 2:56pm
Msg #319811

Yup, you sure are.

When you ship a package, you are the shipper, not the Escrow or Title company. Just because you tell UPS to bill a third-party doesn't meant that they have to, or that they will even accept the package for shipment.

Per their terms:

"For all shipments where the shipper is not
paying the shipping charges, the shipper
must notify the bill payer prior to shipping,
and agree to pay all charges in the event of
non-payment by the bill-to party. The
shipper is liable for payment in the event of
non-payment by the consignee (or
receiver) or third party. All shipments must
have a valid UPS billing option indicated on
the UPS Waybill. Regardless of the billing
option selected, some charges including,
but not limited to, address correction
charges, will be billed to the shipper.

...

As an accommodation to the shipper, and
in UPS’s sole discretion, UPS may render
invoices or copies of invoices to a third
party at the request of the shipper. The
shipper remains responsible for the timely
payment in full of all Charges owed by the
shipper."

Reply by Les_CO on 1/27/10 3:20pm
Msg #319814

You shipped the docs. Therefore you are responsible. I'd call the SS, and ask them, It's likely that Title did not pay them either, but if they value their reputation they may pick it up?

Yet another reason to work only for those lovely Title Companies, that pay so much so soon, and avoid the dreaded SS's.


Reply by Vince/KS on 1/27/10 3:46pm
Msg #319818

What's worse is they will likely bill you at your rate -

rather than the negotiated lower rate that was likely in force with the tc due to higher frequency usage.

Reply by Les_CO on 1/27/10 4:04pm
Msg #319822

Re: What's worse is they will likely bill you at your rate -

Yup, probably $29 rather than $7.
I have both FedEx and UPS accounts. I (almost) always drop the package at a manned facility (both close to me) I always ask them to scan it in, and ask for a receipt, to prove I sent ‘something,’ to Title, and to have the person there check to see if the account is valid. A little more time spent, a LOT less liability. JMO


Reply by ChristineHI on 1/27/10 4:15pm
Msg #319825

That is why I don't put my information on the air bills. I put the same information for shipper as well as the destination. I had that happen to me and it was a pain so I have done that ever since. I've never had a problem since then. My information is nowhere on the air bills anymore.

Reply by Jeffrey Wishnia on 1/27/10 4:42pm
Msg #319836

Good Idea. I have to start doing that too. thanks

Reply by Les_CO on 1/27/10 4:58pm
Msg #319839

What do you say If the docs don’t show up at Title?

Reply by Jack/AL on 1/27/10 5:05pm
Msg #319840

You just provide the TC and SS (if one is involved) with the tracking number, which you probably had to do by fax or phone when confirming the signing was completed. They can track it. It probably would not help, but certainly wouldn't hurt, to let them know of the time, date, and location the docs were dropped or given to an attendant.

Reply by Dennis_IN on 1/27/10 8:30pm
Msg #319879

I agree. Never use your info, I put the SS or TCs info as the sender. Never had any problems,

Reply by John Schenk on 1/27/10 9:02pm
Msg #319895

Downside to putting sender & receiver the same?

None that I can think of on any level. You already have your TRK #. Our job is done when we make the drop. If the courier loses the docs, and they have been scanned in as received, then that's it. Not our problem. We can prove they were dropped because we have provided the TRK#. If they don't get them, they have no idea who we put as sender, which shouldn't matter anyway as I don't want FedEx or UPS calling me after I've dropped the docs anyway. The ONLY possible reason I can think of that I would want my name and contact number on there would be if I had an Alzheimer's moment and put some kind of wrong address on the airbill, so we all have to be absolutely sure that the shipping info is absolutely correct, as the recipient's address will certainly show up when that package is tracked, which would result in an additional closing for free, as well as possibly get you black-balled by whomever hired you.

LOL I DID make a mistake one time on an airbill that I filled out for Lone Star Overnight, which was the courier of choice for the company. At that time I was putting my name as sender. LSO airbills are backwards in that the recipient is at the top and the sender is at the bottom. Made a very foolish mistake and just filled the darned thing out like other airbills. LSO delivered it timely the next day, TO ME! LOL Had I listed the recipient the same as the sender, that error wouldn't have occurred, so that's another good reason to list both as the same, as well as alleviating potential liability for a shipment that the company goes broke and doesn't pay for.

JJ

Reply by Les_CO on 1/28/10 12:37pm
Msg #319988

Re:JJ

I believe we as the NSA that last had the signed package in our possession have a great deal of potential liability with regard to its being received back by the Title Company as instructed.
A “Tracking Number” is totally worthless unless the package is ‘scanned” into the system of the courier company.
Many times the ‘drivers’ if in a hurry do NOT scan the packages when picked up. They ‘do it later’. If for some reason the package is lost off the truck, or misplaced somewhere, where is your proof?
If the drop box is vandalized, and the package never gets to the driver, where is your proof?
If the busy clerk and the pickup point, accidently places your package ‘under’ something, or it gets misplaced, and is busy when the driver shows up and he does not get it, or scan it…where is your proof?
If you don’t hand carry the package into a manned facility and have the person working there scan it into the system, and give you a receipt (While checking to see if the account is valid) you have nothing but the potential for paying for any ‘damage’ the borrower may have incurred by the package disappearing. JM ‘not legal advice’ O!


Reply by Doris_CO on 1/27/10 10:41pm
Msg #319910

If you ordered the air bills then they are connected to you by the tracking number. If the receiver doesn't pay for the shipment then the company will come after you, no matter whose name you've written in as shipper. You can still get blank FedEx air bills but blank UPS air bills are hard to come by.

Reply by garland/CA on 1/27/10 11:23pm
Msg #319912

Doris you are right that air bills can be traced back to shipper if you have an account with the shipping company and order supplies from them. I'm thinking of closing my account with UPS for that reason - which I only established to order supplies because it is so hard to get them from UPS drop boxes and shipping locations. I cannot afford to pay too many of these shipping fees (this will be the first time). What is aggravating is that the TC charges the borrower shipping fees - and then if they don't pay their shipping bills, that is one more way they have found to make money at our expense!


 
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