Legal Question in Consumer Law in Texas

Direct Tv recently sent me a new HD DVR Receiver to replace the current one I had that quit working. I have a service agreement (that i pay monthly for) with them so I am not charged for replacing any broken equipment. I am required to return the old receiver to Direct Tv, otherwise they will charge me approx. $500. I am to send the receiver back in the same box the new one came in, Direct Tv provides a prepaid FEDERAL EXPRESS LABEL, which I place on the return box. SO HERE IS THE PROBLEM: I packaged the broken receiver, placed the return label on it, then took the box to an individually owned shipping/office supply, etc...called SHIP-N-MAIL. They collect packages for FEDEX (and other shippers) thoughout the day. Then FEDEX comes by, is supposed to pick up all the packages, scan them into their system and the packages are eventually delivered. The package I left was NEVER SCANNED by FEDEX, and has never been delivered to DIRECT TV. Since it was never scanned, FEDEX claims no liability...because they state if its not scanned, it never existed. However, the owner and another employee of the SHIP-IN-MAIL remember me and, without doubt, agree that I left the package with them and claim FEDEX picked it up. So, of course, they are blaming FEDEX. In the meantime, DIRECT TV will charge me $500 because they never received the broken receiver back. So, either someone at the SHIP-IN-MAIL or FEDEX lost it, stole it, threw it away...you get the point. I asked if SHIP-IN-MAIL had a security camera and they don't. So the only thing that gives me a chance on getting some type of justice is the fact that both the employee and owner of SHIP-IN-MAIL agree 100% that I left the package with them........So, what do I do to protect myself from losing $500? Since the SHIP-N-MAIL took possession, would they be responsible to reimburse for the lost package? Even though FEDEX came to the store, SHIP-N-MAIL or I can't actually prove that FEDEX left with the package even if they did because it was never scanned. Of course, they could easily leave the store without scanning an item, whether on purpose or as human error...

THANK YOU FOR YOUR HELP - WILLIAM PRICE

Asked on 8/09/09, 8:10 pm

1 Answer from Attorneys

Theresa Langford Langford Law Firm
0 users found helpful
0 attorneys agreed

Direct TV only has to look to you for their money. If the contract is enforceable you owe them $500.00

You have Ship N Mail. They owe you the $500.00.

If they have proof that Fed Ex picked it up, Ship N Mail can sue Fed Ex.

Read more
8/11/09, 4:56 pm

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