The continuing Audrey II saga

I am so angry I am shaking.

Carlile

You are more than welcome to file a claim, however, it will be denied. Your nine months and one day expired on December 28, 2006. In the eyes of freight carriers and court cases that is ample time for a claimant to gather all the evidence they need to gather and to submit a claim. It was almost 13 months later when you first contacted Carlile that you were missing this crate. Ideally missing freight should be alerted to the carrier immediately when it’s known ample time has passed for delivery so that the carrier may act upon the missing freight immediately. Thirteen months later, employees that were involved may have left the company, the freight might have been disposed of or it’s so far beyond the expectation of anyone to remember one particular shipment. This information regarding time limits for filing a claim is stated on the bill of lading which unfortunately isn’t necessarily read by shippers or consignees. Kim is very diligent in researching missing shipments as are the entire warehouse and terminal staff, but unfortunately if you were to file a claim now it would be 13 months later, well beyond freight carrier standards of reasonable allowance for filing a claim which as stated before is 9 months and 1 day. Thank you.

Me

Let me explain. I was out of the country while my puppets were being rented. I did not know that they had not been returned to the storage facility until I returned in December. While it is unfortunate that I was not aware of the missing crate until then, this incident was brought to your company’s attention as soon as I was. It was within the nine months and one days that you cited.

That it did not go immediately to claims is not my fault, nor should I be penalized for it. I have been extremely patient while Kim has searched for the crate, knowing that the eight months that had passed since it went missing would make things more difficult. Had I, at any point, been informed of a deadline for filing a claim then I would have done so. This is complicated by the fact that the school which rented my puppets was responsible for returning them, so I have never seen your contract. Still, the original contact was made within the nine months and one days you cited.

Since your company was contacted within the time frame you specified, I would like to know how we continue with the claims process.

Carlile

While I sympathize with your situation understand that I’m bound by contractual regulations. While I understand that you were out of the country and unable to contact us regarding your missing shipment, that does not negate the contractual requirements or put the fault on Carlile for not being notified. When you contacted Kim regarding your lost shipment you were already well beyond the time limits for filing a claim. Yes, claims should have been notified immediately but even in March you were beyond the nine months and 1 day. As stated you are more than welcome to file a claim but as stated the claim will be denied.

Me

Let me be succinct. I would like to file a claim, since Carlile was notified that the puppets were missing within the nine months and one day stipulated. Please tell me how to do this.

Carlile

Unfortunately phone calls are not considered a notification of a claim or pending claim. Notification of a claim must be in writing, usually in the form of a claim form accompanied by an invoice, that is not just Carlile’s rules those are the rules set forth by all carriers per federal regulations.

What I can do is if you have some sort of proof emails etc that you contacted Carlile prior to December 28, 2006 regarding this lost shipment I can see what I can do for you. However that is NOT a guarantee Carlile will pay the claim. If you don’t have some sort of proof that you attempted to contact us prior to December 28, 2006 then I cannot offer much more on the
situation. Kim has stated that she has tried to help you for at least a month or month and a half. Thank you.

Me

Please send me a copy of the contract and the necessary forms to file a claim. You may send them either to my email or physical address.

Carlile

Here is the claims form. I will need the invoice for the puppets as well as any proof you contacted a Carlile employee prior to December of 2006. As you are well aware, this will be denied due to the time limits. Thank you.

Me

Thank you for the claims forms. Please send me a copy of the contract as well.

I am now contacting a lawyer.

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8 Responses

  1. Laura Lee

    You know, I think what gets me the most is the attitude from the person you were in contact with. It’s obvious that he just doesn’t give a damn about your situation or even attempting to help you. Is there any chance that the phone calls that you made were recorded at any point?

  2. S.H. Segal

    Fucking fucking fuck, Mary. How do you think this person would look with a phone handset up their left nostril, and a phone base up their right nostril? I mean FAR up.

    Lawyer indeed.

  3. Maggie

    My fingers are crossed and good thoughts are on their way for you, Mary.

    Give them hell and go for the blood.

  4. Fabulous Girl

    I am reminded of my initial impression that, while you are a delightful, polite and lovely person in every way, I do not want to see your dark side. Ahem.

  5. Minister

    Wow. Gotta love the corporate world and its contractual regulations. Especially the escape clause that whatever the company says on the phone doesn’t count. I hope your lawyer can tear them up and get you something for the ridiculous hastle. Phone records, of course, should show that calls were placed within the requisite time frame. Good luck.

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