HELP FedEx Mangles Speakers - Refuses Claim


I received double boxed with ample foam padding top and bottom - large, expensive speakers that are crushed on the corners and bottoms. I took dozens of pictures while unpacking, have all shipping materials, filed claim, met with claims agent. I did it all correctly and was denied via form letter. Any legal referrals, appeals, BBB, class-action process help etc., is appreciated.
pbredi
I got very busy with work and this was sidelined but I did get back on the case.
So it has been a month I think since I escalated the denial of my damage claims to their claims department. I spoke with a contact at the corporate level and explained the whole long story, sent all of the damage and packaging pics again. I let her know this IS going to court if not resolved at this level.

It took a month, 2 calls every week to follow up. She said everything she saw lead to paying on the damage claim and that her upper Mgnt follow a standard that this claim met.

She told me they would send a truck to pick up the boxes/speakers and analyze. The truck came, speakers and all boxes went to them. The driver left me with a little numbered tag for my receipt. She then told me the check would go out that Friday the 26th. Nothing arrived by the next Friday, calls everyday to them directly were unanswered. Finally someone called me back and said the claim payment was set to hold for some reason.

I kept calling every 3-4 days leaving voicemails for anyone and everyone.
After then there were 2 confirmations that the check went out but weeks went by with nothing.

I kept calling, escalated to people's voicemails.

The check arrived on Saturday, finally. So they paid out in full (amount that I insured for) and reimbursed for the shipping fees, took the speakers. When they pay in full the item becomes their property per their claim policy. I don't know what they will do with them.

Thanks to all for your helpful direction and advice through all of this.
glad it resolved even if it took too much time. i think the MO is to delay delay delay in hoipess the claimant will go away. good for you. weird they took the speakers. seems like bs they keep your property.
I'm amazed that FedEx settled with you, especially since you were NOT the "shipper". You could have really gotten screwed. As a few others had stated early on, the responsibility of resolving this entire situation, belonged to the “seller” - which is also dictated per courier policy for filing claims. You shouldn't of had to deal with ANY of this aggravation.

FYI, in the future, whenever you receive ANY packages that look suspect in the least bit, you can either: 1) Refuse to accept the delivery. 2) Accept the package, but have the delivery person note (electronically, or hand-written) that the package condition is suspect for future claim referencing. 3) Open and inspect the package at the moment of delivery - which is increasingly becoming mandatory by various manufacturers/retailers, etc. - via posted external labeling or written policy - and have the driver haul it away.

Even if the internal item looks fine initially, but still requires further visual or functional testing later in your home, be sure the driver enters your initial concerns into the database as mentioned earlier. Have methods ready for opening the package when the delivery arrives to minimize the driver’s wait. Don't let the driver decline waiting a short period for inspection - due to delivery pressures - no matter what method of delivery. It is your right to inspect the delivery. As with option #2, the driver can either load the damaged package(s) back onto the truck, or schedule another pickup for returning to sender.

If you can reject the packages right away, due to “obvious” visual damage, have the original driver haul them off and return to sender. That's the best option and least hassle to you in the long run. Even if the suspect item requires further visual and functional scrutiny, at least the driver made note of your concerns for the record. Once you’ve performed all inspections and testing, if unsatisfied, take clear/hi-res pictures of external/internal damages and notify the sender, ASAP, and for THEM to file a claim ASAP. It is THEIR responsibility to resolve any issues with the shipping company UNLESS their ad clearly states the buyer assumes all shipping cost and liability.

If the seller pushes back in any way, politely inform them of the courier’s policy regarding claim filings with the shipper/sender. I’m always amazed just how many people are unaware of this fact. If that gets you nowhere, don’t hesitate to deploy applicable PayPal claims, credit card “charge-backs”, or various legal avenues. ALWAYS use payment methods which yield recourse and full reimbursement against possible bad sellers. Read Audiogon’s policy regarding buyer/seller responsibilities as well. It's the seller's obligation.
Metro04, you should send this to the DIY speaker guy I bought my speakers from. He wouldn't lift a finger and just blamed the shipping company for the loss. There was no claim to be had on my end since the speaker builder signed a waiver for the packaging used. Turned into a huge battle here until the thread was closed. Just when you think you can trust someone the door gets slammed in your face. Everyone take the advice above and protect yourself!
Thanks for great and thorough advice and steps to ensure protection and prevent loss. I was the buyer and the shipper in this deal. I used my FedEx online login and my linked credit card to schedule and execute shipping to myself so that if anything went down, I would be in the driver's seat to push a claim through. I have been burned by UPS damage and a unhelpful, poor packing seller previously.

FedEx tried to brush me off - stating I was the recipient and had no rights but when I informed them to dig deeper the dismissive claim person on the phone went pretty quiet (still sent me a denial letter afterwards). I worked with the seller at length to pack these and am positive the packing was above factory standards. Pictures were taken at every step of the process to prove packing materials used and protection against damage. Also, I took about 50 as I was unpacking them to reveal the mauling or all corners.