- Report: #6021
Complaint Review: James P. Kelley Chairman and CEO United Parcel Servic e (UPS) - Atlanta Georgia
-
Author Confirmed
Why?
James P. Kelley Chairman and CEO United Parcel Servic e (UPS)
55 Glenlake Parkway NE Atlanta, 30328 Georgia, U.S.A.
Phone:
404-828-4895
Web:
N/A
Categories:
Business Rating:
(0)
Tell us has your experience with this business or person been good?
James P. Kelley Chairman and CEO United Parcel Servic e (UPS) Rip-off Insurance claim against (UPS) and the (ACDM) *UPDATE
08-04-01
There are two corporations involved in this Rip-off.
No 1.The United Parcel Service Company of America (UPS)
Address 55 Glenlake parkway Ne Atlanta Ga 30328
No 2. The Auburn Cord Duesenberg Museum in Auburn Indiana
Address 1600 So Wayne Street Auburn Indiana 46706
This all started in January of 1998 when Gregg Buttermore invited me to show my Automobile Wood Carvings at the ACDM in Auburn Indiana. I accepted on the terms that My Art Work would be insured while it was in there care. This was spelled out in his letter to me dated January 8, 1998, where he says and I quote. "The Museum of, course ,covers the round trip cost of transportation of artwork, using the professional packer and carrier of the artist's choice. The museum secures corporate underwriters to cover these costs. The museum insures all objects under its roof."
This is where it becomes a problem for me, and of course I did not know of it at that time,as I was accepting what Mr.
Buttermore was telling me in his letter at face value. Mr. Buttermore implied that I would be covered with insurance for the total value of my Wood Sculptures, of which was a lie, as the museum only had a $10,000.00 Limited liability policy on my wood sculptures. Or at least this is what was told to me, weather this is true or not I do not know. What I do know is Larry Wickert Claims Adjuster for the Cincinnati Insurance Companies did send me the sum of $10,000.00 in two separate checks and told me this was all he could do for me as this was all the insurance that the museum had. Which brings me to the UPS end of this complaint.
I personally insured my art work for $155,000.00 at Mail Box Etc. In Bellingham Washington, At this time. I shipped 35 or 36 Wood Sculptures and again I did not know in shipment to Gregg Buttermore at the museum there was some damage to some of my wood carvings. As in a letter from Grant VanHorne, The museum's lawyer dated April 20.2000 he says and I am quoting from his letter.
"I do not know whether it has been mentioned to you or not, but when the museum received the s sculptures, about six of them were broken in various ways."
This was my first knowledge of of this damage, as I had asked Gregg Buttermore either in writing or in a phone conversation how my art work had arrived at the museum. In a letter to me dated February 18, 1998, and his answer and I quote.
"We have received seven cartons of art, all in excellent condition through out."
Key words here are "excellent condition", now to me excellent means not broken, and that they had arrived in the same condition as I had seen them on the date of shipment At Mail Box Etc. in Bellingham, WA.So again Mr. Buttermore had lied to me.
I have tried to get the people at the museum to explain to me these two different statements that VanHorne and Buttermore had made to me in writing. One of them has to be lying.
Now to UPS: There is no question that my wood sculptures were destroyed while in shipment either going to the museum or coming bak to me at my place of business, only UPS and the ACDM know. I for one do not know. All I know is, that it is not my doings, and that either one of these corporations or both are responsible to me to either repair them or pay me for them. UPS made an attempt to pay me by sending the museum a check for $1009.00. The museum cashed this check and then sent me a check along with a letter that Gregg Buttermore wrote me dated January 7, 1999, where he says and I quote.
"At least this is UPS's token of making restitution."
I was and still am upset, by Gregg Buttermore's attitude in this letter.Knowing full well that I valued my art work for a lot more money then this $1009.00. Mr. Buttermore had, at my request because I could not file a claim because I was not the shipper, sent a Statement to UPS for $47,119.38 for the amount of damage that was done to my sculptures. But it did tell me one thing UPS admitted that they were responsible for this damage but UPS was also going to try to get out of paying me the full amount of money for my wood sculptures.
So now this I where I am at. I have been sending statements to UPS and the ACDM every months since the beginning of this problem knowing full well that this was not my fault, and that by me billing them every month I would be entitled to interest along with the original statement that Mr. Buttermore had billed UPS less the $10,000.00 of which I got from the museums limited Liability policy. which at this date the balance is $99,222.14 to be exact, this is the balance as of the first of August'
I have many letters to show what I am saying is the truth, and am prepared to send copies of letters mentioned in this complaint.
Thank you
W W (Bill) Fayette
1372 West Axton Road
Ferndale WA 98248
Phone 360-384-0297
There are two corporations involved in this Rip-off.
No 1.The United Parcel Service Company of America (UPS)
Address 55 Glenlake parkway Ne Atlanta Ga 30328
No 2. The Auburn Cord Duesenberg Museum in Auburn Indiana
Address 1600 So Wayne Street Auburn Indiana 46706
This all started in January of 1998 when Gregg Buttermore invited me to show my Automobile Wood Carvings at the ACDM in Auburn Indiana. I accepted on the terms that My Art Work would be insured while it was in there care. This was spelled out in his letter to me dated January 8, 1998, where he says and I quote. "The Museum of, course ,covers the round trip cost of transportation of artwork, using the professional packer and carrier of the artist's choice. The museum secures corporate underwriters to cover these costs. The museum insures all objects under its roof."
This is where it becomes a problem for me, and of course I did not know of it at that time,as I was accepting what Mr.
Buttermore was telling me in his letter at face value. Mr. Buttermore implied that I would be covered with insurance for the total value of my Wood Sculptures, of which was a lie, as the museum only had a $10,000.00 Limited liability policy on my wood sculptures. Or at least this is what was told to me, weather this is true or not I do not know. What I do know is Larry Wickert Claims Adjuster for the Cincinnati Insurance Companies did send me the sum of $10,000.00 in two separate checks and told me this was all he could do for me as this was all the insurance that the museum had. Which brings me to the UPS end of this complaint.
I personally insured my art work for $155,000.00 at Mail Box Etc. In Bellingham Washington, At this time. I shipped 35 or 36 Wood Sculptures and again I did not know in shipment to Gregg Buttermore at the museum there was some damage to some of my wood carvings. As in a letter from Grant VanHorne, The museum's lawyer dated April 20.2000 he says and I am quoting from his letter.
"I do not know whether it has been mentioned to you or not, but when the museum received the s sculptures, about six of them were broken in various ways."
This was my first knowledge of of this damage, as I had asked Gregg Buttermore either in writing or in a phone conversation how my art work had arrived at the museum. In a letter to me dated February 18, 1998, and his answer and I quote.
"We have received seven cartons of art, all in excellent condition through out."
Key words here are "excellent condition", now to me excellent means not broken, and that they had arrived in the same condition as I had seen them on the date of shipment At Mail Box Etc. in Bellingham, WA.So again Mr. Buttermore had lied to me.
I have tried to get the people at the museum to explain to me these two different statements that VanHorne and Buttermore had made to me in writing. One of them has to be lying.
Now to UPS: There is no question that my wood sculptures were destroyed while in shipment either going to the museum or coming bak to me at my place of business, only UPS and the ACDM know. I for one do not know. All I know is, that it is not my doings, and that either one of these corporations or both are responsible to me to either repair them or pay me for them. UPS made an attempt to pay me by sending the museum a check for $1009.00. The museum cashed this check and then sent me a check along with a letter that Gregg Buttermore wrote me dated January 7, 1999, where he says and I quote.
"At least this is UPS's token of making restitution."
I was and still am upset, by Gregg Buttermore's attitude in this letter.Knowing full well that I valued my art work for a lot more money then this $1009.00. Mr. Buttermore had, at my request because I could not file a claim because I was not the shipper, sent a Statement to UPS for $47,119.38 for the amount of damage that was done to my sculptures. But it did tell me one thing UPS admitted that they were responsible for this damage but UPS was also going to try to get out of paying me the full amount of money for my wood sculptures.
So now this I where I am at. I have been sending statements to UPS and the ACDM every months since the beginning of this problem knowing full well that this was not my fault, and that by me billing them every month I would be entitled to interest along with the original statement that Mr. Buttermore had billed UPS less the $10,000.00 of which I got from the museums limited Liability policy. which at this date the balance is $99,222.14 to be exact, this is the balance as of the first of August'
I have many letters to show what I am saying is the truth, and am prepared to send copies of letters mentioned in this complaint.
Thank you
W W (Bill) Fayette
1372 West Axton Road
Ferndale WA 98248
Phone 360-384-0297
3 Updates & Rebuttals
Trey
Greenville,South Carolina,
U.S.A.
How and why are you dealing with UPS
#2Consumer Suggestion
Mon, February 17, 2003
Mr Fayette, I just wanted to take a moment and reflect on a very gross misrepresentation in your statements. I used to do customer service for UPS. Why are you dealing directly with them. The customer you should be dealing with is MBE. You paid them to ship your package!!! You wouldn't buy meat from the grocery store and complain to the farm that raised the cows that it was spoiled would you? I just wanted to point out a major falicy in your story. You never paid UPS a penny, How do they owe you a claim? You should get yours from MBE and have nothing to do with UPS. Thanks in advance for your time if you ever read this.
UPS Atlanta Ga. Tne Careless Hands people and I mean **CARELESS**
#30
Thu, December 27, 2001
Bill Fayette here, using this letter of Mark's that I posted on 06-11-01. I have become such a complainer on this site, that" I" can't let a day go by without doing something to convince the United Parcel Company of America (UPS) and the Auburn, Cord, Duesenberg, Museum (ACDM). To step up and do the right thing by me W W (Bill) Fayette. How about it James P. Kelley Chairman and CEO of UPS and Robert SBarge President of the ACDM.
When I find someone like this Mark fellow, I can't resist the opportunity, to not only agree with him, but to embellish on what he has to say. Incidentally he covers the ground well, as to fighting back and me myself, being the like and kind of this man. I want to congratulate him on his well written letter. I would suggest that You Rocky should take note and take a lesson from this man and his gentlemanly ways.
Comment from Bill Fayette
Jun 11,01 05:42PM
****Fighting Back **** UPS and ACDM
06-11-01
Complaints can work
jbmc
Junior Member posted 06-03-2001 10:18 PM
--------------
Mark: I must say it surprised me on how many people DON'T KNOW how to fight back.
WWF: I was the same way about people not wanting to fight back, I think what most people lose site of, is there rights under the 1st Amendment spelled out in our constitution and are actually afraid of what would happen to them if they spoke up for there individual rights. Note I said **our constitution.**I know in the beginning I was in that mind set to, but I got to thinking about it. Why should I let the big corporations like UPS and the ACDM buffalo me into believing there baloney and (Bull S--t)
Mark: I take it for granted for I have always fought back. Problem is; when I fight with a company, I treat them the same way they treat me.
WWF: I do the same, and I believe this is the anger and the injustice that has been done to us by the large corporations and it is our willingness to be heard and take the risk of something that the corporations may be abel to do to us in retaliation for our complaining about them is, this what levels the playing field . "willingness is the key word here."
IT HAS TAKEN ME JUST ABOUT THREE YEARS NOW TO FIGURE OUT THAT MOST PEOPLE THAT WORK FOR CORPORATIONS ARE LITERALLY COWARDS WHEN IT COMES TIME TO STAND UP AND BE COUNTED. Look at it this way the heads of these corporations are just as frightened people as ordinary people are and then when they get into trouble, with the mistakes that they are making. What do they do? They hand it over to there lawyer that most probably knows less about it then he does and the only advice that the lawyer can give is "let me handle it," and puts a gag order on his client and hopes by doing this he will baffle the one who got screwed by this Corporation, and the one who got screwed will finally go away. I can attest to this, but I personally am not going to go away Grant VanHorne,
& Jim Stephens. How are you doing Jim got the health problem settled yet, and are you going to go to work for me?
Mark: People need to fight back if they are in the right. USE
ask the elected officials for help---
WWF: My experience in asking elected officials for help in this. I have repeatedly asked Senator Slade Gorton, Senator Patty Murray and Senator Maria Cantwell. My senators in Washington State for help and so far I have gotten nothing but political baloney and absolutely no help, and to be quite honest I do not believe where the big corporations are concerned, there will be no help coming from these Senators. As you said the ballot box is where it is at and to be quite frank with you, Senator Gorton was my favorite at one time, but when I asked him for help and he ignored me and I didn't get it I turned against him, and would like to believe that I had something to do with his losing in the last election to Maria Cantwell. This was good riddance as far as I was concerned, but apparently Maria Cantwell and Patty Murray are the same kind. How things change after you get elected, Hey! Rocky. We will see about these 2 in the future
Mark: then if they don't keep a copy of the letter & then
if they try for reelection, show the letter & let the people know how much he/she DID NOT HELP OR CARE. It makes great news & helps them NOT get elected.
WWF: Did just that and will do it again
All the years I've fought back or complained about something, I had a good reason. However, I treated the person I was dealing with, right 90% of the time, nicely. If I didn't, it could backfire on me. So, remember, you get
more bees with honey than you can with vinegar. It's when all else fails---------that it's time to pitch the honey.
Take Care
Mark
You have got it Mark, I agree with you on this 100%, and there is no honey here.
Thanks for writing this letter Mark and sharing it with me and others. Come back to the UPS forum and share some more of your fight back attitude. Thank you Sir.
W W (Bill) Fayette
1372 Axon Road
Ferndale WA 98248
Email [email protected]
web site automotiveart.bizland.com/bodyshop.htm
Phone Number 360-384-0297
#40
Tue, September 04, 2001
Public comments about United Parcel Service Co
Comment from W W (Bill) Fayette With a fine days work today
Sep 03,01 09:14PM
A leter dated 11-04-99 to Bill Fayette with my thoughts on this letter
09-03-01
Subj: letter from Grant VanHorne to W W Fayette dated 11-4- 1999 Comment my side of it
Date: 9/3/01 6:10:27 PM Pacific Daylight Time
From: FayetteWW
To: [email protected], [email protected]
CC: FayetteWW, [[email protected]>
CC: [email protected], [email protected]
CC: [email protected]
CC: [email protected], [email protected]
VanHorne & Stuckey
Attorneys At Law
112 South Cedar Street
Post Office Box 523
Auburn Indiana
Tel: 219/925-1966
Fax: 219/925-6166
November 4. 1999
Mr. W. W. Fayette
Fayette's Country Auto body
1372 West Axton Road
Ferndale WA 98248
Dear Mr. Fayette:
I am writing on behalf of the Auburn Heritage Museum Inc. As you know, through insurance coverage of either United Parcel or Cincinnati Insurance, which provided first party coverage, you received $11,000.00 for damage to your automobile sculptures.
The Museum does not feel responsible to pay you additional monies, as you have not proven that the Museum's negligence caused the loss or that damage to the sculptures was of a value of more than $11,000.00. Until you can provide the Museum with both points, the Museum simply not going t pay any amounts that you happen to demand.
I am sending a copy of this letter to Robert SBarge, the president of the Museum, so that he may be kept informed.
Please feel welcome to call me, or better yet, have your attorney call me. I would be happy to discuss our position with you at length.
Yours very truly
VANHORNE & STUCKEY
Grant VanHorne
C. C. Mr. Robert SBarge
********************************************************************************
I faxed a copy of this letter to James F. Stephens on 11-9-99
**************
September 3. 2001
Mr. VanHorne: Your comment, Your letterabove^, Your words Grant VanHorne
"Please feel welcome to call me, or better yet, have your attorney call me. I would be happy to discuss our position with you at length."
O. K.: Lawyer VanHorne, My Lawyer, Lawyer Stephens tells me that he is to sick to handle my case any longer. He has my money and I do not want to spend any more money on another lawyer that will get sick on me when the going gets tough, so now I will talk to you. Call me at 360-384-0297. A warning, be well prepared, because my tape recorder will be running. No lies, no deceit, of any kind. This is the name of the game at my house. These are the rules that I have set up for myself, so I expect others to do on to me as I have done on to them. I don't want the kind of lawyer talk that I got out of James F. Stephens.
A copy of this letter will go to Mr. Stephens, so, He will be kept informed. I would like to fax this letter to Gregg Buttermore and Robert SBarge, but they have managed to rig there fax machine, so that I cannot get a complete message through to them. If you would be so kind. please forward this on to the both of them for there information. I haven't forgotten these two people you know, and would rather be writing to them then You Grant VanHorne. The last time I talked to Mr. Buttermore he told me he had a gag order put on him and could no longer speak to me. What good that did I would have to guess. I will never know, They couldn't get them selves in to any more trouble then they have already had gotten them selves into.
Back to your letter and the word "value" that you seem to treasure and thought you could use to get your way. It seems that it is not much of a useable word, as it means many things to many people as I see it. But apparently you did not understand the word, as I do. So here goes, I want to point this out to you.
Note: This letter "VALUE"is a word that you used, and being that you wanted me to show the value of my art work I wanted to understand the meaning of the word before I attempted this impossible task. (Lawyers have a way of putting this kind of word that is meaningless in front of you.) This is disturbing to me, but anyhow you put it there and I went to page 799 Vol. 91 of C. J. S and this is what I came up with.
OFTEN ABUSED WORD
There is no word in the language that is more often abused or is used in more different senses.
Going on it says.
(1) "IT (VALUE) IS A BEWITCHING WORD WHICH FOR YEARS HAS DISTURBED MENTAL PEACE AND CAUSED NUMEROUS USELESS DEBATES. Perhaps it would be better for the peace of men's mind, if the word was abolished. Reams of good paper and gallons of good ink have been wasted by those who have tried to give it a constant and presses meaning. The truth is that it has different meanings in different contexts, even in the restricted field of "tax law." And there is almost always, ' value involved, a conjecture, a guess, a prediction, a prophecy"-- Commissioner of Internal Revenue vMarshall,C.C.,125f.2D 943,946.
*****************
After reading this page I faxed a copy of this to James F. Stephens on 12-20-99 after I had sent you a copy on 12-19-99
with the thought that this would would settle the matter of the "value" of my wood sculptures. I should have known better. If this would happen today I would not have bothered.
Here it is just 3 years later and I have yet to get any results out of the museum and have seen $3,500.00 of my money go down the drain with My lawyer James F. Stephens. I think he is thinking, that all he had to do was be there, take my money and consider it as a gift. Do nothing and that would be the end of this matter. I think he knows better now. I have been trying to convince Mr. Stephens that the better thing to do, would be to return my money with interest, because he has not produced a record of what he has done for me, nor does he have a signed fee agreement with me.
Proof is the name of the game. Where I am setting I am asking Mr. Stephens to prove to me that what he has done for me and show me what the $3,500.00 that I gave him as a retainer did for me. I am open minded to this, and would expect Mr. Stephens to be the same with me. If this cannot be done then I think it is right that I get my money back plus interest, so I can hire another lawyer. If I can find one that will put up with my attitude and strong desire to feel this :"Justice", that we all look for.: it is there and I know it is there, now it is the matter of finding it.
Getting back to Lawyer VanHorne
Proving negligence for example in a letter of Invitation that Gregg Buttermore had sent me to ask me about showing my Creative Wood Sculptures, led me to believe, in writing that my art work would be insured. What he did not say was that it would be only insured for $10,000.00, meaning that that if there was damage, this would be all that I would get. This is how it turned out. I got $10,000.00 for damage to my Art work that I had insured for $155,000.00 going east to the museum in Auburn Indiana. Right here it is time to say, that if Greg Buttermore had insured my Art work for this $155,000,00 coming west after the show. Maybe and I say Maybe, UPS would have paid the full amount of the claim rather then the $1,009.00, that they sent to the museum. You don't have to be a brain surgeon or an overpaid lawyer to figure out that Bill Fayette got a ROYAL screwing by the UPS Corporation and the ACDM Corporation and now my lawyer James F. Stephens.
I have showed over and over the museum's negligence with my Automobile Wood Sculptures, in there refusing to insure them properly. I have made sure the two lawyers Grant VanHorne and James F. Stephens got this information concerning the museum's negligence. What more can I do?--Aparantley neither lawyer is listening to me. I am doing it this way. I have gone public with my complaints and telling my story to anybody that will listen and even telling my story to those who do not want to see what I have to say. I have some upset people over me doing this, but it is my sincere belief to get Justice, that what you can do to me, I can do to you. Right or wrong this is what I am doing and will continue to do until this matter is settled between myself the UPS corporation the ACM Corporation and my Lawyer James F. Stephens.
Check this web Site out the UPS public forum
http://kudos.traveldesk.com/f/United_Parcel_Service_Co
Make some comments of your own, I am listening, but keep it clean, there is some pretty obnoxious people saying a lot of untruthful things on this site. Watch out for Rocky and Snookie the Snook, in particular. Very demented people
W W (Bill) Fayette
1372 West Axton Road
Ferndale WA 98228
360-384-0297
