RIP The James River Branch

David K. Smith May 21, 2012

  1. Robbert

    Robbert TrainBoard Member

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    it's a shame how UPS handled this with it's poor and shameful excuse of it not being insured because of a 'new waybill'.
    i hope you will soon have an even better layout and can enjoy that as much as you did this one!
     
  2. ddechamp71

    ddechamp71 TrainBoard Member

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    Question: when filling a waybill, isn't there a signature of both parties when finally agreeing with the contract, at least from the customer? In that case it should be easy to have UPS recognise you never filled and agreed with that "new" contract, isn't it?

    Dom
     
  3. David K. Smith

    David K. Smith TrainBoard Supporter

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    UPS denies the original waybill is even real, and since I was on a plane bound for New Jersey at the time the "real" waybill was cut, I could not have signed it anyway. So, I don't believe they required my signature, one way or the other.

    As it happens, though, the story had not yet ended: http://1-220.blogspot.com/2012/06/surprise-surprise.html
     
  4. kimvellore

    kimvellore TrainBoard Member

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    It looks exactly like one my medical insurance bills where the doctor bills $12K and insurance pays $200 and I pay the rest.... Thanks for posting the details so all of us can be more cautious in the future dealing with UPS. Sad to see a so much work that we all followed with passion be destroyed.

    Kim
     
  5. BoxcabE50

    BoxcabE50 HOn30 & N Scales Staff Member TrainBoard Supporter

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    Of course once you deposit that check, all doors close as that has been accepted as payment in full for damages.
     
  6. Loren

    Loren TrainBoard Supporter

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    I can't help but feel that you are quietly seething inside........not that it will do any good, but bottom line is you got screwed royally.

    An anonymous friend of mine has had similar experiences with UPS and he believes you threw in the towel way too early.

    Still we must respect your reasons for handling it the way you did.

    We're all very sorry that UPS chose to skate on this one. They are cheap and crooked in my opinion.
     
  7. David K. Smith

    David K. Smith TrainBoard Supporter

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    No, I'm not quietly seething inside. What's done is done, and if I feel anything, it's just a tinge of regret. But... had I not thrown in the towel when I did, so much of my life--time, energy, money--would have been consumed by the battle that I would not have had the time, energy or money left to move forward with my life, to learn new things, to make more products for modelers to enjoy, and so many other positive accomplishments. The legal battle might well have been just as difficult as it was crushing the layout with my foot and utterly destroying it.

    Besides, I'd planned all along to sell/give away/dismantle the layout after it was completed; it's just that I'd have preferred to have had just a bit more time to enjoy it in its finished state--perhaps take some nice photos, show it off some more, watch it run a little while. You see, for me, it's the journey, not the destination. My joy comes from the building as opposed to the having. So, in effect, all that's happened is that the inevitable simply arrived a little earlier than planned. As for closing the door once I cash the check, the door was already closed when I disposed of the layout.

    It is time to move on, to learn from the mistakes, find better ways of doing things, plot a new course, and begin a different journey.
     
  8. Loren

    Loren TrainBoard Supporter

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    Dave, you have a healthy, positive attitude.......one of your great traits.

    Lead by example.........you're doing a great job.
     
  9. ddechamp71

    ddechamp71 TrainBoard Member

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    Shouldn't you ask a lawyer's service in that case? I continue to think that a contract without any signature cannot be legal.

    Dom
     

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