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saltyzoo

macrumors 65816
Oct 4, 2007
1,065
0
Because he said so.



I'm not looking to argue whether or not he's telling the truth or not. But assuming what he said was true, then I stand by my original post.

arn

I'm not arguing his honestly either. I'm just stating the fact that he can't prove his order was canceled so he really has no legal recourse. He could have gotten proof of his cancellation or not destroyed the product. Had he done either he'd be in a much better situation.
 

wakerider017

macrumors 68000
Sep 20, 2006
1,790
1
US of A
I disagree with the general sentiment of this thread.

I've never ordered anything from Fastmac, but over the years I've ordered many things from various mail order vendors and the problems that I've run into can be very frustrating.

What if he hadn't "thrown it away" and just never gotten it?

He cancelled the order before they shipped it. What more can he have done about it?

I've received items I didn't order. Once due to a stolen credit card number, another time one company sent me two printers instead of one. Each time I had to go out of my way to resend the item back. It took time and effort. I certainly wouldn't want go out of my way for a situation like this, where it's clearly their mistake.

arn

You don't think it is kind of strange that the OP threw away the package?

All he had to do was contact his credit card company to get things squared away in no time at all. With the item in the trash, I don't think he has many options.
 

jjasonwrght

macrumors member
Jan 12, 2008
31
0
And to think, ALL of this could have been spared if you took 5 whole minutes to LOOK at what you were throwing away.
 

mintlivedotcom

macrumors regular
Apr 21, 2004
194
0
He must have looked, how else would he know he threw it away? If he didn't look, how does he know he actually ever received it?

Exactly. Besides, who doesn't like to open up packages?

I would conjecture that most people, using common sense, LOOK at all mail and THEN keep or toss. If I had a special mailing address just for items ordered and receiving junk mail, I would probably get caught by the wife!
 

Buran

macrumors 6502
Original poster
Oct 22, 2007
429
260
I'm female, thanks for all the assumptions.

I got a confirmed order cancellation, as I said. I should also note that that cancellation was handwritten by one of their reps, the one who processed the cancellation, and it wasn't an automated notice. So I do have proof. They're pretending that didn't happen. What more is there to say beyond permission was revoked and acknowledged to be revoked by both sides? That's unsolicited if there ever was such a thing.

As soon as they confirmed the cancellation of the order, anything sent after that was mine to do with as I pleased. And yes, anything I am not expecting to get or is not from anyone I have a business relationship with is junk mail. I know who I am expecting stuff from and who I am not. Anything not on the list is trash. I certainly wasn't expecting any packages and I have gotten promotional crap before and trashed that too and no one ever tried to bill me for it. And it is no one's business other than mine what I might do with my mail and I don't appreciate people telling me what I should and shouldn't do. If I kept every piece of junk mail I ever got on the off chance that someone would try to cheat me with it, I'd have a mountain as tall as the building by now.

It is also my business and mine alone whether or not I feel a given amount of money is worth fighting for. And don't forget, mail fraud is a federal crime. I don't feel like becoming a victim.

And as I also already said, my bank has been notified. I only pulled out the big guns of formal complaints and bank notification after I granted an entire month to make it right. I was being lenient. I'm through being lenient now.
 

notnek

macrumors 6502
Oct 25, 2007
327
0
PayPal won't find the claim in your favor. Once FastMac submits a tracking number, it's over. I ordered something from ebay (first mistake), paid pretty high shipping rates (second mistake), only to find that the item didn't ship until a month after payment and claim had been opened. What does PayPal do? They favor the seller because they submitted a tracking number.

PayPal is a joke. FastMac seems this way to, though I have no prior experience. They're about how they can make the most money, not have the most (happy) customers.
 

neiltc13

macrumors 68040
May 27, 2006
3,126
19
I'm not arguing his honestly either. I'm just stating the fact that he can't prove his order was canceled so he really has no legal recourse. He could have gotten proof of his cancellation or not destroyed the product. Had he done either he'd be in a much better situation.

Plenty of places pack things ready for shipment long before they actually do get round to posting them.
 

notjustjay

macrumors 603
Sep 19, 2003
6,056
167
Canada, eh?
I'm with the crowd that thinks it's very odd that she summarily threw away a package without even checking. I throw away junk mail all the time, but what junk mail ever comes in packages?

But anyway. It's too bad the company is willing to go to such lengths over $24. If I was the company in question, at this point I would probably have just issued the refund -- especially after admitting that I messed up -- rather than continue to hassle and, surely, lose the customer.

I've seen companies handle this far better. Once I ordered a DVD and a package arrived -- twice. I offered to send the second one back, but they said "Nah, our mistake, keep it with our compliments". How do you think this made me feel about ordering from them again in the future?
 

killmoms

macrumors 68040
Jun 23, 2003
3,752
55
Durham, NC
I'm female, thanks for all the assumptions.

Everyone on the Internet is assumed male until stated otherwise. First rule of the Internet. If being mistaken for male bothers you, then be proactive.

In any case, I think you're taking a pretty silly and overly hard-line stance on this issue. I certainly don't think this is the grand case of fraud or "victimization" you're making it out to be. I do think that FastMac should give you a refund in good faith, especially if you have confirmation that the order was cancelled.

But I also think you shouldn't have thrown away a package from FastMac.com if you knew that you'd placed an order there recently (cancelled or no). That just seems silly. Mistakes happen, clearly a mistake happened when they shipped you a package after you cancelled your order. The part where the logic train jumped from "I placed an order and cancelled it, but I still have a package" to "this is mail fraud, I'm a victim, this goes in the trash" is a little fuzzy for me.
 

GfPQqmcRKUvP

macrumors 68040
Sep 29, 2005
3,272
514
Terminus
I keep thinking this thread is a joke, and you keep spoiling the fun for me every time you post (OP).

Here's the main point that people are trying to get across:

Misunderstandings and mistakes happen. In the case of a sub $30 item that you received (their error) and threw away (your error) it doesn't make any sense to pursue something with such vengence when your time should be valuable. How many hours have you spent dealing with this? How many hours did it take you to lodge a complaint with the BBB, to make a PayPal complaint, and to lookup the law codes you are citing? Frankly, if it is worth it to you to spend all this time going after a 25 dollar item that is unaccounted for due to mutual misunderstanding, you need to spend less time on your high horse of changing the culture of corprate responsibility and more time developing some skills that are marketable enough where you'd recognize the lunacy of your multi hour quest for 25 dollars.


Excuse me as I exit this thread, I have work to do.
 

Buran

macrumors 6502
Original poster
Oct 22, 2007
429
260
Doesn't matter when you put something in the package. It just matters that you dropped a package in the mail to send somewhere at a time when you had no permission to send goods to that location. I have confirmed dates of all of this and I can prove in the paper trail that the cancellation was submitted and acknowledged well before they sent anything.

I also don't appreciate being called neurotic for following every avenue I can when I am the victim of a federal crime. I've been a victim of fraud before of other types and I didn't take that lying down either. I have the time and the inclination to get the money that is owed me whether they do it willingly or not. It takes only a few minutes to file a complaint and it doesn't cost anything. You can throw away your money if you want to but I won't.
 

mperkins37

macrumors 6502a
Jan 17, 2007
579
0
Phoenix, AZ
Sorry Arn, Don't ban me, But:
ARN:He canceled the order before they shipped it. What more can he have done about it?
He could've sent the offending package back to sender without opening, for 1.
ARN: I've received items I didn't order. Once due to a stolen credit card number, another time one company sent me two printers instead of one. Each time I had to go out of my way to resend the item back. It took time and effort. I certainly wouldn't want go out of my way for a situation like this, where it's clearly their mistake.
arn
The key words here are things that you didn't order. The item was most definitely Ordered & sent. It was canceled on the O.P.'s end, but obviously not in time to stop shipment.
If this is grounds to slander a company & threaten action from Attorney General, of the state, then I am going to order up 32 GB ram from OWC, wait till I should have a shipping receipt, then call & cancel it.
Then when I receive the goods I ordered I am going to Install it in my MacPro, and rifle off a letter to Macrumors slandering the b%$#@&^s (OWC) for sending me something I didn't solicit (Although I solicited it when ordering it), Then I will go on & on about how I will get lawyers, Attorney Generals, and you fine folks involved.
As you all know, I wouldn't stand a snowball's chance in hell of keeping the ram without paying for it.
Even if my lame excuse was that I don't have anything sent to the address that it's only for junk mail & that I summarily toss whatever comes in there in the trash. If that was the case the O.P. wouldn't have given that address to the shipper in the first place, but would've instead shipped to the actual shipping address, that they get packages & bills sent to, so it wouldn't get summarily trashed.
I Call Shenanigans!
The person solicited the merchandise, The person received & threw the merchandise away, If you believe them on that point.
Now they want a refund of all the monies.
Had the person just wrote return to sender, instead of keeping it, there would be no recourse from the sender but to refund at least the cost of the merchandise, and possibly the shipping too, as it was their fault it didn't get caught in time to prevent shipment.
The O.P. Wants something for nothing, and wants to slander FastMac in the process. The person should watch what they say as a Libel lawsuit, could rear it's ugly head & bite them on the arse.

BTW, count of hands for how many people throw out merchandise packages without opening them.
I get the vibe of scammer..
my 2 cents worth.
 

nhcowboy1

macrumors 6502
Feb 5, 2008
294
2
NH
If I had a special mailing address just for items ordered and receiving junk mail . . .

And I'm still confused . . How exactly does one designate a particular address for receiving junk mail? Take out an ad in the paper saying "Send All Junk Mail HERE"???
 

dylangurl21

macrumors regular
Sep 16, 2005
106
0
When she cancelled the order she revoked her solicitation and since the cancel went through and was confirmed, how can they charge and send? Although I only get mail at one address, I can understand throwing away the mail. Maybe with the cancelled order your name got on their mailing list or something?

Do any of us really have anything to prove the OP's comments are untrue? Who are we to decide that she is lying? I thought she was looking for opinions on her recoureses given the situation.
 

Eraserhead

macrumors G4
Nov 3, 2005
10,434
12,250
UK
Sorry Arn, Don't ban me, But:
ARN:He canceled the order before they shipped it. What more can he have done about it?
He could've sent the offending package back to sender without opening, for 1.

True, just send it back saying "not at this address" or something.
 

Buran

macrumors 6502
Original poster
Oct 22, 2007
429
260
It's only slander when it's not true.

They admitted that they made a mistake. They admitted that they shipped despite cancellation, without permission. I have all this in writing, including their admission that they "dropped the ball", their exact words.

If you want to call me a scammer for refusing to be financially liable for an admitted mistake on their end, that's your business, but I'm sorry to see that you don't care about the victims of other peoples' mistakes.

Thank you to those who understand and can see what the problem is. The support is appreciated.
 

Mr Skills

macrumors 6502a
Nov 21, 2005
803
1
Huh? So explain to me exactly how fastmac got this address in the first place? Oh, of course, it's the address you gave them when you placed your order. So are you in the habit of ordering things and having them sent to an address where all items received automatically go in the trash?

I'm sorry, perhaps I didn't get enough sleep last night . . . the logic here just eludes me.

It's pretty simple, really. The order was cancelled. So it was more than just unsolicited - he specifically asked them NOT to send it. They acknowledged this and told him that it was sorted. If the company has specifically contacted you and confirmed that your order was cancelled, and that they will not be sending it, I think you can safely call it unsolicited when it turns up.


I'm not arguing his honestly either. I'm just stating the fact that he can't prove his order was canceled so he really has no legal recourse. He could have gotten proof of his cancellation or not destroyed the product. Had he done either he'd be in a much better situation.

He DOES have proof. He has the emails from the company confirming that the order was cancelled and that they would not be sending it.

You don't think it is kind of strange that the OP threw away the package?

All he had to do was contact his credit card company to get things squared away in no time at all. With the item in the trash, I don't think he has many options.

The law says that this does not matter - he could keep it if he wanted. The ONLY sticking point is whether it is technically "unsolicited". I'm no expert, but I'd hope that confirmed correspondence with the company where they have agreed not to send it counts as "unsolicited".

He must have looked, how else would he know he threw it away? If he didn't look, how does he know he actually ever received it?

Because they are asking for payment? Perhaps the post was tracked.
 

dylangurl21

macrumors regular
Sep 16, 2005
106
0
The key words here are things that you didn't order. The item was most definitely Ordered & sent. It was canceled on the O.P.'s end, but obviously not in time to stop shipment.
[/QUOTE]

They shouldn't have confirmed it cancelled if it was too late to do so! Many companies do this, Apple included, which I have experienced. If its too close to shipping they wont let you cancel, rather tell you to file a RMA and send it back.
 

dylangurl21

macrumors regular
Sep 16, 2005
106
0
OP,

Have you tried calling them instead of just emailing? I always get better results when I call.
 

saltyzoo

macrumors 65816
Oct 4, 2007
1,065
0
I'm female, thanks for all the assumptions.

This kind of attitude will get you crappy customer service in a lot of cases. Nobody intentionally "assumed" your sex to offend you.

I got a confirmed order cancellation, as I said. I should also note that that cancellation was handwritten by one of their reps, the one who processed the cancellation, and it wasn't an automated notice.
That indeed is a different situation. I still rather doubt you'd win the "unsolicited" argument, though you certainly could argue it. But the company should have made it right to keep a customer.

If I kept every piece of junk mail I ever got on the off chance that someone would try to cheat me with it, I'd have a mountain as tall as the building by now.

You'd think if there was something in a package you'd at least look at it before discarding it. Seems odd to me.

It is also my business and mine alone whether or not I feel a given amount of money is worth fighting for. And don't forget, mail fraud is a federal crime. I don't feel like becoming a victim.

Actually, it seems like you want to be a victim. I honestly mean no disrespect whatsoever, but human nature is that if you go to someone with this attitude over a lousy $15 ($25, whatever) they are going to think you are trying to victimize them and they may be less inclined to see your side. I'm just "assuming" that your discussions with them have been similar to what you've posted here.

And as I also already said, my bank has been notified. I only pulled out the big guns of formal complaints and bank notification after I granted an entire month to make it right. I was being lenient. I'm through being lenient now.

Don't expect anybody to get real excited over your $25. You may be 100% in the right, but there are far worse injustices out there for people to deal with. I know I'd be pretty pissed if I'd been ripped off for thousands of dollars and someone put aside my situation to deal with yours - that you could have remedied yourself by actually glancing at your mail before discarding it.

In summary, yeah, you're probably right. But your attitude leaves people not wanting to help you or be on your side.
 

Eraserhead

macrumors G4
Nov 3, 2005
10,434
12,250
UK
I have to admit I can be really fussy, and I do complain when things don't go my way, but to be honest if its only $25 and you'd ordered it, I'd let it slide.
 

cohibadad

macrumors 6502a
Jul 21, 2007
893
5
What if he hadn't "thrown it away" and just never gotten it?

I agree about the hassle of sending something back. I have something right now that I should send back for a refund but I'll probably just eat the cost because it isn't worth my time for the cost of the item. If he hadn't thrown it away it would be a completely different situation. But the bottom line is he ordered the item and has to take some responsibility for it. There may be some guidelines in terms of time allowed for cancellations to take place. Most web sites seem to have some terms regarding this such that cancellations may take a certain number of days to take effect. I think the OP attitude is the main problem here. He seems to think you can just throw away whatever you receive after cancellation and the problem is the shippers. Or say you threw it away. I find it odd that he would throw out a package without even noticing it was from fastmac after cancelling an order. As pointed out above, would this same reasoning apply to a 30" ACD? Of course not. He would know he wouldn't get away with it. It is the cost of the item that makes him think he can just chargeback and it might work. For that cost, his credit card company and fastmac will probably just get rid of the problem rather than spend any energy. He is counting on this. The attitude is the problem. If he was a retailer, he would probably be whining about buyers like him and what a pain they are and how it isn't hardly worth doing business. I may have missed it, but how does he even know the package he received was from fastmac if he just threw it away like it was junk mail? Is he just assuming that was the package? Seems odd. I probably get more junk mail than most and have heaps of it in the garbage but I never throw away a package. What if it was his neighbors package mistakenly sent to him?
 

GfPQqmcRKUvP

macrumors 68040
Sep 29, 2005
3,272
514
Terminus
I also don't appreciate being called neurotic for following every avenue I can when I am the victim of a federal crime.

I'm not saying you are a neurotic, but yes, you are being neurotic. It's a federal crime? Well you might have to report them to the FBI with this evidence and incriminating paper trail coupled with it being a federal crime. They should surely get hanged.



I've been a victim of fraud before of other types and I didn't take that lying down either. I have the time and the inclination to get the money that is owed me whether they do it willingly or not. It takes only a few minutes to file a complaint and it doesn't cost anything. You can throw away your money if you want to but I won't.

You know as well as I do that you have spent hours researching this. If you stopped pretending you're a victim of this big problem all of the time, you would realize that it IS costing you money. If you had something productive to do even without a college education (I have no clue), you probably would have made about 70 dollars by now. By pursuing this issue, you are, in effect, losing money. That is why I found your "throwing money away" statement so absurd. I may throw away 25 bucks in this situation, but you are throwing away far more. Instead of arguing for 25 dollars, what if you worked for that same time period? What if you spent more time with your friends and family? By the way, you didn't happen to sue McDonalds because your coffee was too hot, did you?


Sorry to rain on your parade, but you're not going to find much sympathy on Internet forums when you're out 25 dollars due to a mutual misunderstanding and you're crying foul like they just murdered your family.
 
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