FedEx refuses to release signature from Case Processing Centre, how to force them?

[Carmageddon]

They only provide the name eg "A.MUGFORD" but not the signature, citing "confidentiality".

1. How do I cover myself legally, they say that proof of delivery with time, name etc. is enough, I am not too sure - I doubt the courts would accept it without signature, if ever needed.

I realize most likely I wont have an issue where they'd misplace my application, but I am mad as hell, I paid for a certain service, and either am going to receive it, or sue for the insured value (100$) - either they provide the signature, or I'd win the lawsuit, I guess it should be pretty straightforward case in small claims?

 

[smash1984]

They only provide the name eg "A.MUGFORD" but not the signature, citing "confidentiality".

1. How do I cover myself legally, they say that proof of delivery with time, name etc. is enough, I am not too sure - I doubt the courts would accept it without signature, if ever needed.

I realize most likely I wont have an issue where they'd misplace my application, but I am mad as hell, I paid for a certain service, and either am going to receive it, or sue for the insured value (100$) - either they provide the signature, or I'd win the lawsuit, I guess it should be pretty straightforward case in small claims?

Have you ever been in a small claims court before?

 

[Carmageddon]

Have you ever been in a small claims situation before?

Not in Canada, what can you tell me about it, what to expect?

 

[canuck78]

They only provide the name eg "A.MUGFORD" but not the signature, citing "confidentiality".

1. How do I cover myself legally, they say that proof of delivery with time, name etc. is enough, I am not too sure - I doubt the courts would accept it without signature, if ever needed.

I realize most likely I wont have an issue where they'd misplace my application, but I am mad as hell, I paid for a certain service, and either am going to receive it, or sue for the insured value (100$) - either they provide the signature, or I'd win the lawsuit, I guess it should be pretty straightforward case in small claims?

There is absolutely no point in suing someone for $100. You will lose money in the process. Not sure why you need the actual signature when you have the name.

 

[smash1984]

Not in Canada, what can you tell me about it, what to expect?

It isn't that straight forward. You usually need to get some help and which will usually cost you more than 100 dollars. Even the court fees that you have to pay might be higher.

Also, fedex will probably have a whole team of lawyers, you won't be able to do much about it unless you bring a whole team of lawyers yourself.

 

[Carmageddon]

There is absolutely no point in suing someone for $100. You will lose money in the process. Not sure why you need the actual signature when you have the name.

Because I paid for that product/service, and it hasn't been provided?
I don't know, whether legally, the name alone is enough in Canadian courts..
Like, if you needed to give someone notice and show the court that you had, is name alone sufficient proof? or it has to be with signature...

 

[smash1984]

Because I paid for that product/service, and it hasn't been provided?
I don't know, whether legally, the name alone is enough in Canadian courts..
Like, if you needed to give someone notice and show the court that you had, is name alone sufficient proof? or it has to be with signature...

Take 2 mins to read this

https://stepstojustice.ca/questions/tribunals-and-courts/how-can-i-sue-small-claims-court

And remember, fedex is a corp, I wonder if you can drag them in small claims court so easily. They will probably have this covered somewhere in fine print. Did you read the fine print?

 

[Carmageddon]

It isn't that straight forward. You usually need to get some help and which will usually cost you more than 100 dollars. Even the court fees that you have to pay might be higher.

Also, fedex will probably have a whole team of lawyers, you won't be able to do much about it unless you bring a whole team of lawyers yourself.

I'll investigate, I assume small claims court does not require lawyers like in my home country, there they are actually barred - even businesses cant send lawyers there.

 

[mirko.alilovic]

Because I paid for that product/service, and it hasn't been provided?

Chargeback

 

[Carmageddon]

Chargeback

I want to teach them a lesson, parcel insurance is 100$, I am going to dispute delivery, and say its not delivered - show me signature.
Then, I'll send notice of intention to sue, if they refuse to show proof of delivery, OR compensate for lost package.
I see no reason for a judge to deny the claim, its part of the contract - no signature? not considered delivered as far as I can tell...
Small claims fee is 102$ - I'd get it back once I win..

I doubt Fedex will let it reach all the way to the court though... its not good for their reputation to have court decisions against them on public records.

Take 2 mins to read this

https://stepstojustice.ca/questions/tribunals-and-courts/how-can-i-sue-small-claims-court

And remember, fedex is a corp, I wonder if you can drag them in small claims court so easily. They will probably have this covered somewhere in fine print. Did you read the fine print?

Yes I just did - nothing mentioning signature on the waybill agreement.

 

[canuck78]

Because I paid for that product/service, and it hasn't been provided?
I don't know, whether legally, the name alone is enough in Canadian courts..
Like, if you needed to give someone notice and show the court that you had, is name alone sufficient proof? or it has to be with signature...

What service has not being provided? You were provided with the name of the person who signed for the package. For identity theft reasons they likely don't give out people's actual signatures just the name of the person who signed. Someone personally signed for your package to see it was received which is what you paid for.

 

[canuck78]

I want to teach them a lesson, parcel insurance is 100$, I am going to dispute delivery, and say its not delivered - show me signature.
Then, I'll send notice of intention to sue, if they refuse to show proof of delivery, OR compensate for lost package.
I see no reason for a judge to deny the claim, its part of the contract - no signature? not considered delivered as far as I can tell...
Small claims fee is 102$ - I'd get it back once I win..

I doubt Fedex will let it reach all the way to the court though... its not good for their reputation to have court decisions against them on public records.



Yes I just did - nothing mentioning signature on the waybill agreement.

You have the name of the person who signed for the package and I assume the time. That is the proof of delivery. I still don't understand what your argument is.

 

[sydcarton]

Because I paid for that product/service, and it hasn't been provided?
I don't know, whether legally, the name alone is enough in Canadian courts..
Like, if you needed to give someone notice and show the court that you had, is name alone sufficient proof? or it has to be with signature...

Mail carriers have also changed their protocols during COVID, especially ones that require close interaction, like signatures. A name is sufficient enough proof it’s been delivered, not sure why two people are expected to engage in close contact in the middle of a pandemic just so you can rest assured a handoff is complete.
I suggest you save yourself the mental bandwidth, and financial duress, and rest easy. Good luck with your application!

 

[canuck78]

Mail carriers have also changed their protocols during COVID, especially ones that require close interaction, like signatures. A name is sufficient enough proof it’s been delivered, not sure why two people are expected to engage in close contact in the middle of a pandemic just so you can rest assured a handoff is complete.
I suggest you save yourself the mental bandwidth, and financial duress, and rest easy. Good luck with your application!

Good point. I assumed that it was due to identity theft reasons but covid close contact to get signature makes sense. Paying for a signature really means paying for proof the your package was received by an individual and not left in a mailbox which is exactly what happened.

 

[TokyoH]

Just FYI. Due to Covid-19 impact, many carriers have suspended getting physical signature of the receiver. Instead, they just ask for the name of the receiver and record it to the system.