Zipp's 2008 Disc Wheel (not your typical question) (Page 2)

hey thanks buddy,

I may have to use those words you put in there when I edit the claim letter tonight.

 So should I go after the apartment complex first? or should I go after both at the same time?

I want to make sure I have a good claim that can win a case before going to court.

 Just so were clear I used to live in apartment 2710 and failed to change my address for the shipping (I suppose I overlooked that part, but I didn't think that I did at the time.) The apartment was notified that the package was mine before the other guy picked it up. Do I have a good case?

hahaha I actually used to work with this guy....on the verge of thug/ghetto/tried out for college basketball team but got cut guy.

I doubt he claims to have not reviewed the reciept, if not then I doubt he had knowlege of how much one cost.

A year ago, I would have not known how much one would cost either,but I would tell the main office there was a mistake.

I'm gonna have a case and I'm gonna win this came from a friend of mine.

 first of all get rid of all the i william ritter stuff. it makes the letter hard to read and nothing is more annoying to a professional than someone trying to write legal. make it simple and to the point, but with all the details you need. next the apartment had your correct address they should have made sure it was delivered to you. it is negligence on their part. next when they delivered it to the wrong apartment to someone who wasnt you thats a no no. thats federal law. you cant deliver mail to someone whos name isnt on it. when the person accepted it knowing it wasnt theirs thats larceny, a criminal crime. then when he threw it away it was conversion. he owes you for the item. the apartment is also liable for their negligence, but for them delivering it to the wrong apartment you would have your package. also it is trespass to chattel for the resident for depriving you of the item. so you need to tell the guy in the apartment he needs to pay. also the apartment needs to pick up some of the tab too. they can work that out between themselves. let them know you ar giving them a chance to settle this out of court. if not then you will to sue. if you sue, sue for the item. the shipping, the missed events because of this, time missed at work tracking and dealing with this issue, infliction of emotional distress, etc. there is a lot lol. you have a case and if i was there i would tear them a new . if this isnt resolved in a month let me know. ill be in the tyler area before school so ill run through and talk to them. if not hire that lawyer and start rolling. you will get your item, jeff needs to be fired, and the guy who signed for the item and took it, knowing it wasnt his, will go to jail and you will sue him. also let the guy in the apartment know that he is criminally liable for fraud and misrepresentation and that if he doesnt fix this he is going to jail. call the cops and let them know what happened. thatll make things roll.

haha well I have another claim pending for a serious bike wreck I took back in April.

 I have a lot going on now, but will pull through.

In response to rangersoh,

 * I am after the amount that I paid for it. No, you can't get "rich" of this and have no interest in doing so.

* The main office was informed while still in their possession that the package was mine. 

* Resident should have returned package back to main office.

* Yes, I have talked to resident to be sure he really doesn't have it and he really says he threw the package into the trash.

oh yeah I am not trying to prosecute anybody or use such terms in the claim letter.

Thanks. Train hard.

Finally got a nice lady on the phone today and got an phone appt. in the morning with the local P.D.

I really hope you get your disc back.  But my gut tells me this guy absolutely did not throw it out.  All he had to do was type in the word "Zipp" into any search engine and he realized he had gold. 

Like another poster mentioned, I think once you get the PD involved things tend to resolve relatively quickly.  I would have got them involved ASAP.

Good Luck.

Plus, it was delivered to the office right? Signed for?

While everyone seems to be on the OP's side for this unfortunate circumstance, let's try to remember, as people are being sued left, right and center he put the WRONG information as his address. What would the situation look like if it had been delivered somewhere other than a few doors down from his place? How can someone else be held accountable for his mistake? I would recommend that next time all information be checked before hitting the ENTER button. In the words of my dear old dad "We learn from our mistakes. Son, you must be one of the smartest people in the world by now."

*True to form, I had to edit because I spelled "smartest" wrong! :P

The original mistake was negated by the apartment manager's office grabbing the package.  The failure to hold the package/ensure it was not misdelivered when they knew about it is the issue at hand.

Questionable is that a brank new bike wheel was thrown away. 

Main office were informed that I did put the wrong address while still in their possession at the time, shipper did have insurance on package.

Oh!! Here in Canada we use addresses for sending mail not names. Our posties are not as familliar with the people on their routes as yours must be. Putting a name on a package MUST clear up all wrong addresses! If something shows up on your doorstep with YOUR address on it, technically AND LEGALLY, it belongs to you. Look up "possession ='s 9/10th of the law". If you are putting it back into the mail system to the "planned" reciever, then you are just a nicer person than the dope that "tossed out" the disc. Way to go on gaining all those Karma points ranger. I am just trying to illustrate for everyone that was telling the OP to sue the other guy and the office, that he really doesn;t have a leg to stand on. You guys seem to sue everyone for anything down there!

I highlighted the part at which people should stop reading.  Different country, different laws.