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The funds to pay off my old mortgage when refiniancing were sent Fed Ex overnight on June 30th. Fed Ex did not deliver until July 2nd. Due to the nature of FHA loans A whole months interest is charged when payoffs are not received on or before the 1st. This is 1300 dollars I lost sue to Fed Exs incompetence.

I did not find out about the late delivery until a month later when I called my old bank inquiring about the refund due me from escrow and overpayment of the old mortgage. This is when I found out that 1300 dollars was taken from my refund to cover the additional months interest in order to payoff the old mortgage.

I filed a claim with Fed Ex and provided them with all the documentation neccessary including letters from the bank explaining the loss to me. Fed Ex denied the claim because it was not filed within 21 days of delivery. But I did not know about the problem until after 21 days, how could I file a claim when I didnt yet know of the loss??

Fed Ex stated the recipient, the bank, should have called me or wrote to let me know the package was late. Can you believe that? I have spent hours and hours on the phones to reconcile this, many faxes sent all to no avail.

Im afraid if I hire an Attorney he will charge me hundreds on top of all this only to have Fed Ex wiggle out of their responsibility somehow. If I go to small claims court I worry their high powered Attornies will screw me out of my money also in court.

Fed Ex knows that many packages they deliver are time sensitive and extremely important. Fed Ex knows it is standard business practice to ship extremely important documents overnight with them. They want the deliveries but refuse to accept responsibility when they fail miserably.

Does anyone know if I have recourse against this lousy company?

Mike,,,,Chicago area

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Anonymous
Tampa, Florida, United States #586011

Ok, first, your bank is WRONG. They knew that your payoff was shipped at closing of the note. They probably were given teracking information from teh closing agent.

As soon as the new mtg was given and the check issued there ceased to be a contract between you and the bank. The shipping date IS the date of reciept by your old bank in this case as they had RELEASED the original mortgage.

What they have done is committed FRAUD, as you had NO furhter agreement with that bank at thier release to the closing agent.

Your closing agent also have INSURANCE to pay for THIER errors and ommissions.

1.

I would send a REGEISTERED letter to your old bank explaining that they had NO agreement or Contract with you from the time they gave the release to the closing agent. Therefore any attempt to bill you for ANYTHING is fraud.

2.

Go to your local District attorney and file a formal complaint against the OFFICER that billed you and the OFFICER that denied yoru claim of payment. They have both committed felonies in most states. If they are within your state, you can go to thier office, call a police officer and make a citizens arrest. (all manangers and officers are liable for thier OWN actions in every state. A corporation itself can not commit fraud by definiition.

3.

File a formal complaint with whatever organizations in your state oversee your bank, make sure you alledge FRAUD by teh bankk OFFICERS...

4. Get copies of ALL the complaint forms and follow through with all organizations.

5. FILE SUIT against the bank officers themselves IN YOUR COUNTY. they will not answer and you will win, be sure that if they want to settle you ask for ALL costs as well as the amount they are attempting to bill you

6. If they have harmed yoru credit by making fraudulent reports do NOT settle wihtout

a

a letter of apology wiht explainaton that the entire matter was THIER fault

b agreement that they will corrext all credit reports with a statement that no moneys were owed and that you have paid on time

c. agree in writing to cease and decist from harming your credit in any way in the future without legal basis

(this protects you from them harming you and allows extreme damages if it happens again

d. the bank agrees to pay all of your expenses including stamps special delivery etc.

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Anonymous
#136379

Your recourse is to grow up and learn to take responsibility for things that are important to you.Why didn't you follow up to make sure it was delivered?

Did you assume your Mommie would do that for you? All you had to do was go to fedex.com and type in your tracking number. If that's too much trouble for you, then don't whine about the consequences.

Maybe if you skip coffee, beer, etc.

until you save $1300, the "L" will fade from your forehead.Good luck with that!

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